"EAPH", within this Terms of Service Agreement (TOS), represents inclusively the owner of the EAPH.com domain and provider of services offered at EAPH.com, and its officers, directors, agents, representatives, and employees.
By registering for membership with EAPH.com you agree to be bound by this Terms of Service Agreement without modification.
You shall make all payments in U.S. currency. Billing is month to month with no setup charges. Payment of one full month is required in advance and subsequent months in advance.
You have the ability to cancel membership at any time. To cancel membership send an email to rob@robshelp.com containing a statement of desire to cancel, your EAPH.com username and password. You may request a refund of the most recent payment made if you have not been using the service during the period of time that payment covers.
Upon receipt of your cancellation email your ability to delete, rename or otherwise modify the content of your web space will be terminated immediately. However, provided your payments are not in arrears and the content of your web space is not being used in violation of the TOS, whatever pictures stored will remain in place and available for use in auctions for at least an additional seven days at no charge.
You are solely responsible for materials stored in your account, for ensuring that they do not violate or infringe upon the rights of any third party, and that they are not libelous or otherwise illegal. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
You can not use the Web space to provide material that is itself, or allow material on the Web space to be used in conjuction with anything grossly offensive to the Web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.
You can not use the Web space to provide material that is itself, or allow material on the Web space to be used in conjuction with the presentation of:
Copyrighted material not belonging to you--for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
Trademarked material not belonging to you--for example, wordmarks, design marks or a combination thereof -- without prior consent of the trademark owner;
Material that is adult in nature--pornography, nudity, sex or any other material that would commonly be considered ''indecent'' or ''appealing to the prurient interest;''
You can not use the Web space to provide material for use in, or allow material on the Web space to be used in conjuction with:
Gambling;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but not limited to: material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws;
Bulk/spam e-mailings;
Mass/spam news postings;
Advertising or distributing software or services that may contribute to news or e-mail spamming;
Disclosing the trade secrets of any other entity or individual;
Use of patented materials without the prior consent of the patent owner;
You understand and agree that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. EAPH provides no warranties of any kind, either express, implied or statutory, concerning the data or information available through the supplied hosting or the Internet.
You understand that EAPH services are provided on an ''as is'' basis. No representations or warranties of any kind are made by EAPH, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
that the hosting services will meet your requirements or will always be available, accessible, uninterrupted, timely, secure or operate without error;
any implied warranty arising from a course of dealing or usage of trade; and
any obligation, liability, right, claim or remedy in tort, whether or not arising from negligence.
To the full extent permissible under applicable law, any and all such warranties are disclaimed by EAPH.
In no event shall EAPH be liable for damages of any kind, including without limitation, direct, indirect, incidental, punitive and consequential damages, arising out of or in connection with this TOS agreement, the hosting services, or the inability to use the hosting services. Liability to you for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the Fees paid, if any, for the services which gave rise to the cause of action during the one (1) month period prior to the date the cause of action arose.
EAPH shall not be liable to you or anyone else for any loss or injury resulting from the use of the hosting services, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering the services. EAPH shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibilty of such damages, resulting from the use or inability to use the services.
You warrant that the products and/or services represented in materials placed within your Web space comply with all local, state, federal and foreign regulations and laws.
You further warrant that the products and/or services represented in materials placed within your Web space will not violate the rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
You agree to defend, indemnify and hold EAPH harmless from any and all direct or incidental liability, loss, claim, demand, damage or cause of actions, asserted by any third party due to or arising out of your conduct or use of the hosting services or any breach of this TOS Agreement.
You agree that information about you may be disclosed by EAPH to third parties in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the TOS Agreement; (d) to respond to claims that you are engaged in activities that violate the rights of third parties; or (e) to protect rights or interests of EAPH, or others; provided, however that nothing in this section shall impose a duty on EAPH to make such disclosures.
You shall maintain a password to access and use the hosting services. You are entirely responsible for any and all activities that occur under your account and password. You agree to keep the password confidential, to allow no other person or company to use your account, and to notify EAPH promptly if you have any reason to believe that the security of your account has been compromised.
This TOS Agreement supersedes and replaces any written or oral agreements between EAPH and you. Any failures by EAPH to enforce any provision of this TOS Agreement shall not constitute a waiver of any term hereof.
If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.
This TOS Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to its conflict of laws rules. Any dispute or controversy arising under or related to this TOS Agreement shall be adjudicated in a court of competent jurisdiction within Harrison County, Mississippi, USA. You agree to waive any jurisdiction, venue and inconvenient forum objections to any state or federal court sitting in Harrison County, Mississippi, U.S.A.
EAPH shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond EAPH control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
EAPH reserves the right to discontinue service at any time, entirely at it's own discretion as a result of, but not limited to: danger of server overload, excessive bandwidth consumption, and violation of any TOS term.
