Epic Technology Solutions Terms of Service (Terms)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR
OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS
SITE.

We offer access to and use of our site to you subject to your
acceptance of these terms and conditions ("Terms"). By accessing, using
or obtaining any content, data, materials, information, products or
services through our sites, you agree to observe these Terms. If you do
not accept all of these Terms, then please leave our site now. For
purposes of this Agreement, "You" and "Customer" means the user of the
Site, "We/us" and "Epic Technology Solutions llc" means etshost.com and
all its associated and subsidiary companies, "Site" means the site on
the World Wide Web located at www. etshost.com. "Content" means
the information and other material available within the Site.

Use of Epic Technology Solutions llc Service constitutes acceptance and agreement
to the Epic Technology Solutions llc Acceptable Use Policy (Policy) as well as
the Epic Technology Solutions llc Terms of Service (Terms). Epic Technology Solutions llc
may modify the Policy and the Terms at any time in its sole discretion.
Any modifications are effective upon posting on the Epic Technology Solutions llc
web site. Customer understands that change to the Terms or the Policy
by the company shall not be grounds for early contract termination or
non-payment.

Term and Payment for Services

Term

This agreement shall be for an initial term of 1 month from the date of
the Epic Technology Solutions llc service order form. Unless terminated by
Epic Technology Solutions llc or cancelled by the customer, this
agreement will automatically renew for successive terms of 1 month.

Payment

All services must be paid for by credit card in advance of service
delivery. Customer authorizes Epic Technology Solutions llc to charge credit card
to pay for any charges that may apply to customers account. Credit
cards will be charged for the following term on or about the beginning
date of each term. Any additional charges incurred during the prior
term will also be charged on or about the beginning date of each term.
It is the responsibility of the customer to maintain current and
accurate billing information. If a credit card charge is declined for
any reason, an administrative fee of $10.00 will be assessed and an
email will be sent to customer with a 72 hour termination of service
notice. After 72 hours, the credit card will be charged and if again
declined, the account will be terminated. Customers may reactivate
their accounts within 5 business days after termination for an
administrative fee of $100.00.

Taxes

Customer will be responsible for and will pay all taxes and similar
fees, now in force or enacted in the future, imposed on Epic Technology Solutions llc
Web Hosting services.

Cancellation

Customer may cancel service by using the Epic Technology Solutions llc online
cancellation form. The form must be submitted at least 5 business days
prior to the start of the next billing term in order to avoid an
additional months charges. Epic Technology Solutions llc will not issue partial
refunds or credits for early cancellations. All payments to Epic Technology Solutions llc
are final and non-refundable.

Epic Technology Solutions llc may terminate service at any time, without notice,
if, in the sole judgment of Epic Technology Solutions llc, customer is in
violation of the Policy. Epic Technology Solutions llc will not issue partial
refunds or credits as a result of Policy violation termination.

Refund and Disputes

All payments to Epic Technology Solutions llc are nonrefundable. This includes
all fees, regardless of usage. Any overcharges or billing disputes must
be reported within 60 days of the date the disputed charge occurred. If
a charge is disputed with the credit card issuer that, in the sole
discretion of Epic Technology Solutions llc, is a valid charge in accordance with
the Terms or Policy, customer agrees to pay an administrative fee of
$100.00.

Service Rates

Epic Technology Solutions llc reserves the right to change fees, change monthly
service rates or to institute new fees at any time upon posting to
Epic Technology Solutions llc website www.etshost.com Epic Technology Solutions llc
reserves the right to change Customers monthly service rates at any
time upon 30 days prior notice to customer.

Unmetered Usage

All unmetered accounts are shared unmetered unless specified differently in the package.

DNS Delegation

Epic Technology Solutions LLC. allows DNS delegation to any client who has a C Class (256 IP addresses) or greater of address space.

Over Allotted Bandwidth Charges

Over bandwidth transfer cost will be $1.50 per 1 Gigabyte over your packages bandwidth allotment. This charge will be billed to your account at the beginning of the next billing cycle. Any over charges that exceed $100 must be paid within 3 days of the date in which charges exceed $100. If the package has been in commission for less than three months the customer must pre-pay or place a credit card on file to bill in order to continue service past the allotted bandwidth limit.

Acceptable Use

The Acceptable Use Policy (Policy) sets forth guidelines for the
acceptable use of Epic Technology Solutions llc services. It is the customers
responsibility to review the Policy prior to executing this contract.
The Policy is posted on the Epic Technology Solutions llc site and may be updated
from time to time. It is the customers responsibility to regularly
check for updates. Registering for and using any services constitutes
acceptance of and agreement to the Epic Technology Solutions llc Policy. Any
violation of the Policy may result in suspension or termination of
services.

Customer is responsible for any activity conducted on their server, including any unauthorized activity.

Epic Technology Solutions llc will not issue partial refunds or credits as a result of Policy violation termination.

IP Address Ownership

Epic Technology Solutions llc will maintain and control ownership of all Internet
Protocol (IP) numbers and addresses that Epic Technology Solutions llc may assign
to customer. Customer shall have no right to use that IP number or
address except as permitted by Epic Technology Solutions llc in connection with
the services. Epic Technology Solutions llc reserves the right to change or
remove any and all such IP numbers and addresses.

Ownership

We own and have copyrights on our sites software, design, structure and
data compilation, and Materials located thereon, and all of their
contents. You will not copy, reproduce, republish, upload, post,
transmit, distribute, sell, transfer or modify any of the content,
data, information or materials found on our sites, and may not be
copied, reproduced, modified, published, uploaded, posted, transmitted,
or distributed in any way, without Epic Technology Solutions llc prior written
permission. Trademarks, logos and service marks displayed on our sites
("Marks") are our registered and common law Marks. Your use of and
access to our sites do not grant you any license or right to use any of
these Marks not otherwise stated herein. You will not use any robot,
spider, other automatic device, or manual process to monitor materials
available through our sites.

Trademark Information

All brand, product, service, and process names appearing on this Site
are trademarks of their respective holders, and Epic Technology Solutions llc
does not make any endorsements of such trademarks of their respective
holders, that appear on this Site. Epic Technology Solutions llc's trademarks may
be used publicly with written permission only from Epic Technology Solutions llc.
Fair use of Epic Technology Solutions llc's trademarks in advertising and
promotions of Epic Technology Solutions llc products requires proper
acknowledgement. Reference to or use of a product, service, or process
does not imply endorsement, recommendation, approval, affiliation, or
sponsorship of that product, service, or process by Epic Technology Solutions llc.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws.

Service Interruption

From time to time, it may be necessary for Epic Technology Solutions llc to
suspend services for technical reasons, to maintain the network or to
prevent improper use of Epic Technology Solutions llc services or network. Such
suspension will not entitle customer to credit for network
interruption.

Epic Technology Solutions llc shall not be liable for service interruption if
such interruption is due to circumstances beyond its reasonable
control, including, without limitation, acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation,
unavailability of, interruption or delay in telecommunications or third
party services (including DNS propagation), failure of third party
software or hardware or inability to obtain raw materials, supplies or
power used in or equipment needed for provision of the Services. Such
occurrences will not entitle customer to credit for network
interruption.

Customer Warranty

You warrant and represent to Epic Technology Solutions llc that: You are at least
eighteen (18) years of age; you possess the legal right and ability to
enter into this Agreement, and you will use the services for lawful
purposes in accordance with this agreement.

Epic Technology Solutions llc Privacy Statement and Use of Personally Identifiable Information

All information including Personal Profile Data and personally
identifiable information submitted by you to Epic Technology Solutions llc
through forms on the Site is treated according to Epic Technology Solutions llc's
Privacy Statement located on this Site. You agree you have
read and understand Epic Technology Solutions llc's Privacy Statement.

Links to Other Sites

Any links on this site (Links), may let you leave the Epic Technology Solutions llc
site and go to other Web sites. The linked sites are not under
the control of Epic Technology Solutions llc, and Epic Technology Solutions llc is not
responsible for the content, the accuracy thereof or any other aspect
of any liked sites or any link contained in a linked site. Epic Technology Solutions llc
reserves the right to terminate any Links or linking program at
any time. Epic Technology Solutions llc does not endorse such Links, companies or
products, or information to which it links and reserves the right to
note as such on its Site. If you decide to access any of the third
party sites linked to this Site, you do this entirely at your own risk.

International Use

Epic Technology Solutions llc controls this Site from its offices within the
United States of America . Epic Technology Solutions llc makes no representation
that Materials in the Site are appropriate or available for use in
other locations, and access to them from territories where their
content is illegal and prohibited. Those who choose to access this Site
from other locations do so on their own initiative and are responsible
for compliance with applicable local laws. Recognizing the global
nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which
you reside. You may not use or export the Materials in violation of
U.S. export laws and regulations.

Termination of Service

If you breach any of the terms or conditions of this Agreement, Epic Technology
Solutions llc may, at its sole discretion, (a) suspend your access to
certain areas of the Site and Service, (b) terminate your access to
certain areas of the Site and Service, for any reason, including but
not limited to lack of use, or if Epic Technology Solutions llc believes that you
are in breach of any of the terms or conditions of this Agreement.
Whether or not a breach results in suspension or termination depends on
several factors, including but not limited to the severity of the
breach, the potential harm to other users or to Epic Technology Solutions llc,
and whether or not the breach is repeated or cured. If Epic Technology Solutions llc
suspends or terminates your right to access or use the Epic Technology Solutions llc
Site and Service then Epic Technology Solutions llc shall, within 24
hours, provide notice to you of such action. In the case of suspension
or termination of access and/or service, Epic Technology Solutions llc is not
obliged to refund to You any fees for the remaining period of service
after termination. If access and/or service is suspended, but
re-instated later, your service period will be resumed from the point
of re-installation until the service period expires, after which normal
charging process will apply. If access is suspended and then
terminated, termination rules as described above will apply. You agree
that termination of your access to the Service will result in Epic Technology Solutions llc
to immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that Epic Technology Solutions llc
shall not be liable to you or any third-party for any
suspension or termination of your access to the Service.

Indemnification

YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD
Epic Technology Solutions llc (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND
EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY,
OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION,
DEMAND OR ALLEGATION BROUGHT AGAINST EPIC TECHNOLOGY SOLUTIONS LLC
BASED UPON OR RELATING TO,DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN
YOU AND A VENDOR OR AUSER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS
OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B)
A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY
ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH
VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT
YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR
USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF
THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT,
DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR
SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS
AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES OR
SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT
WILL BE ACCURATE OR RELIABLE. WE FURTHER DISCLAIM ANY REPRESENTATION OR
WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE
WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, YOU SHOULD
BE AWARE THAT THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS,
INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY
AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR
RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR
INFORMATION FOUND ON OUR SITES. BOCACOM MAKES NO COMMITMENT TO UPDATE
SUCH CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BOCACOM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREE THAT:

Epic Technology Solutions llc NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF EPIC
TECHNOLOGY SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE
SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL Epic Technology Solutions llc NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS
OF THE FORM OF CLAIM OR ACTION. Epic Technology Solutions llc NOR ITS SUPPLIERS
SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT
OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING
OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY
USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND
THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE
ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON
PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES TO A PARTY OR PARTIES. THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. IF, DESPITE THE LIMITATION ABOVE, WE ARE
FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY
WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION
ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF
US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE
LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

General

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF MICHIGAN WITHOUT REGARD TO ITS RULES
GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE
FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS
AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT
JURISDICTION LOCATED IN GENESEE COUNTY , MICHIGAN , U.S.A. If any
provision of this Agreement is for any reason held unenforceable or
invalid, then this Agreement shall be construed as if such provision
were not contained in this Agreement. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms and Conditions of
this Agreement must be filed within one (1) year after the date of such
claim or cause of action arose or be forever barred. The failure of
Epic Technology Solutions llc to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or provision.
You may not assign this Agreement or any of its rights or obligations
without the prior written consent of Epic Technology Solutions llc, and any such
attempted assignment will be void. Subject to the foregoing, this
Agreement shall inure to the benefit of and be binding upon the
permitted successors, legal representatives and assigns of the parties
hereto. Notwithstanding anything else set forth herein to the contrary,
the relationship between you and Epic Technology Solutions llc is an independent
contractor relationship only, and nothing herein shall be construed to
create a partnership, joint venture, franchise, employment, or any
other agency relationship between the parties. If any provision hereof
is declared invalid by a court of competent jurisdiction, such
provisions shall be ineffective only to the extent of such invalidity,
so that the remainder of that provision and all remaining provisions of
this Agreement will continue in full force and effect.

Please report any violations of the Terms to Epic Technology Solutions llc:
E-mail: support@etshost.com