1. Payment and Invoices

In consideration of eicomm maintaining the products and/or services the Customer shall pay eicomm the fees set forth on the order form each month that this agreement is in effect. The first invoice will contain a pro-rated amount for products and/or services for the remainder of that month of hosting, plus the following month's fees. Invoices are generated on the 1st day of each month and billed on a monthly basis in advance.

2. Late Payments

All invoices shall be paid within thirty (30) days of the invoice date, without any right of set-off or deduction. Any amount that is not paid by the date due is subject to account suspension. If the amount due has not been paid by sixty (60) days from the invoice date the account is subject to termination.

3. Suspension and Termination of Services

eicomm may suspend or terminate an account at any time for any violation of the TOS, or AUP. The Customer may terminate this agreement at any time by written authorization to eicomm. If account cancellation is made within the first 30 days you will be entitled to a refund of the monthly Services fees that you were charged. Please allow up to seven (7) days for an account cancellation request to be processed. Any account that is suspended will be subject to a reinstatement fee equal to that Services setup fee if the Customer chooses to reinstate products and/or services. Account termination will result in all Customer's files being deleted, and mail services being rescinded. Customer will not be eligible for a credit or refund for prepaid services. 

4. Provision of Services

Subject to the terms and conditions of the TOS, and AUP, eicomm shall provide Customer with services on its host computing systems. Services ("Services") are defined as the use by Customer of computing, telecommunications, software, and information services provided by eicomm. There services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.

5. Domain Names

Customer may choose to point a domain of their own to us by simply changing the DNS Name Servers to ours. If a Customer does not own a domain and wishes to use one with us then Customer acknowledges that all domains offered for use are registered to, and operated by eicomm and will continue to be owned by eicomm throughout the term of the agreement and indefinitely. No change of ownership or registration is intended or implied by the agreement. Upon payment of domain services eicomm will provision the necessary DNS records, web, and Email hosting records to utilize the domain. Use of the domain is permitted under these conditions of the TOS and those set forth in the AUP. If Customer wishes to purchase the domain eicomm will provide Customer the then current market price upon request. Domain fees paid up to this point will be applied to the balance of the purchase price. Upon receipt of appraisal Customer will have 15 days to complete the purchase.

6. Warranty Disclaimer

EXCEPT FOR ANY UNEXPIRED PASS THROUGH THIRD PARTY WARRANTIES, THE SERVICES ARE PROVIDED "AS-IS", WITHOUT ANY WARRANTIES OF ANY KIND. EICOMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7. Limitation of Liability

IN NO EVENT SHALL EICOMM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF EICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF EICOMM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID TO EICOMM HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, EVEN IF EICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  

8. Indemnity

Customer agrees to defend, indemnify and hold eicomm and its directors, officers, employees and agents harmless, at its expense, from and against all liabilities, damages, costs, fees and expenses, including without limitation, reasonable attorneys' fees, incurred (i) as a result of Customer's breach of this Agreement, (ii) Customer's use of the Services or the Internet, or (iii) any information that Customer transmits via, or posts on, the Service or Internet or any Internet web-site including infringement of intellectual property rights of any third party, including copyright infringement. Customer shall not settle or otherwise dispose of any matter that is subject to indemnification by Customer without the prior written consent of eicomm. eicomm reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Customer.

9. Force Majeure

Neither party shall be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

10. Waiver

No failure or delay on the part of any party in exercising any right hereunder, irrespective of the length of time for which such failure or delay shall continue, will operate as a waiver of, or impair, any such right. No single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. No waiver of any right hereunder will be effective unless given in a signed writing.

11. Governing Law

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to any provision that would make the laws of another jurisdiction applicable. The federal and state courts sitting in Greensburg, Pennsylvania, U.S.A. shall have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. If any part of this agreement is deemed to be illegal and/or against public policy, the remaining portions of this agreement will remain in full force and effect.