PLEASE READ THIS AGREEMENT CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy.

Under this Agreement, User shall comply with Egeniushost.com's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Egeniushost.com, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Egeniushost.com does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Egeniushost.com may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Egeniushost.com takes corrective action due to a violation of the AUP, Egeniushost.com shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Egeniushost.com shall have no liability to User or any of User's users due to any corrective action that Egeniushost.com may take (including, without limitation, suspension, termination or disconnection of Services).

2. Term, Termination & Cancellation Policy.

*  The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

*  This Agreement may be terminated or cancelled; At anytime by either party by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum $35.00 charge as an early cancellation fee. If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain will be deducted from your refund. If you do not wish to keep the domain name, Egeniushost.com will take possession of the domain and the fee will not be charged.

The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.

o  by Egeniushost.com in the event of nonpayment by User,
o  by Egeniushost.com, at any time, without notice, if, in Egeniushost.com's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in Egeniushost.com's sole and absolute discretion and/or judgment, could disrupt, Egeniushost.com's business operations and/or
o  by Egeniushost.com as provided herein.
* If You cancel this Agreement, upon proper notice to Egeniushost.com, prior to the end of the Initial Term or any Term thereafter,
o  You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; o Egeniushost.com may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;
If your plan includes a free domain name, a fee for the domain will be deducted from your refund. If you do not wish to keep the domain name, Egeniushost.com will take possession of the domain and the fee will not be charged. and/or
o  We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). o Any cancellation request shall be effective thirty (30) days after receipt by Egeniushost.com, unless a later date is specified in such request. Egeniushost.com may terminate this Agreement, without penalty,
o  if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
o  immediately, if Egeniushost.com determines that User's use of the Services, the Web site or the User Content violates any Egeniushost.com term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If Egeniushost.com cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, Egeniushost.com shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the Term and Egeniushost.com shall have the right to charge You an administrative fee of a minimum of $35.00.

3. User's Responsibilities.

*  User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
*  User will cooperate fully with Egeniushost.com in connection with Egeniushost.com's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Egeniushost.com's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Egeniushost.com of any change in User's mailing address, telephone, electronic mail or other contact information.
*  User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
*  Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Egeniushost.com to provide the Services, as the same may be changed by Egeniushost.com from time to time. Egeniushost.com shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Egeniushost.com to provide the Services.
*  User is solely responsible for making back-up copies of the User Web site and User Content.
*  Egeniushost.com does not maintain backup copies of User Web sites or e-mail. Egeniushost.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Egeniushost.com strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
*  User is responsible for maintaining the confidentiality of login and billing information. Egeniushost.com is not liable for any account disputes that may arise between various parties holding account login information. Egeniushost.com is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the control panel. User is responsible for updating and maintaining contact and billing information with Egeniushost.com. Any changes to the User contact information must be made using the account control panel or by contacting our Support Team. User is responsible for ensuring that Egeniushost.com is able to notify the User for technical, billing or other issues or purposes deemed necessary by Egeniushost.com to maintain the account.
*  Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for Egeniushost.com or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you.

4. User's Representations and Warranties.

* User hereby represents and warrants to Egeniushost.com, and agrees that during the Initial Term and any Term thereafter User will ensure that: o User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Egeniushost.com to pay any fees, residuals, guild payments or other compensation of any kind to any Person; o User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; o User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and o User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. * User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation o the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products, o ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and o ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store. * User grants Egeniushost.com the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services * In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.

5. License to Egeniushost.com.

User hereby grants to Egeniushost.com a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
*  digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
*  make archival or back-up copies of the User Content and the User Web site.
*  Except for the rights expressly granted above, Egeniushost.com is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
*  Egeniushost.com, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Egeniushost.com shall not be liable to User for any loss or damages that may result from such conduct.

6. Billing and Payment.

*  User will pay to Egeniushost.com the service fees for the Services in the manner set forth in the Registration Form.
*  Egeniushost.com may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to User.
*  The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Egeniushost.com's net income). All such taxes may be added to Egeniushost.com's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
*  Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Egeniushost.com may charge User a late fee of $15.00 for; in addition any amounts payable to Egeniushost.com not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
*  If Egeniushost.com collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Egeniushost.com prevails in any action to which the User and Egeniushost.com are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Egeniushost.com's reasonable attorneys' fees.
*  If any check is returned for insufficient funds Egeniushost.com may impose a minimum processing charge of $25.00.
*  In the event that any amount due to Egeniushost.com is not paid when due, Egeniushost.com, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
*  There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
*  Wire transfers will be assessed a minimum $35.00 charge.
*  There may be a minimum $35.00 charge for all credit card chargebacks.
*  User acknowledges and agrees that Egeniushost.com may pre-charge User's fees for the Services to its credit card supplied by User during registration for the Initial Term.
*  YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

7. Payment Policies - General

*  Accounts will not be activated or reactivated without prior payment.
*  All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
*  Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
*  Any losses or expenses experienced by the User, due to actions taken by Egeniushost.com in response to Users non-payment, are not the responsibility of Egeniushost.com.
*  Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency.

8. Payment Policies - Payment Processing

*  Egeniushost.com's preferred method of payment is credit card.
*  By purchasing our hosting services, you are agreeing to allow Egeniushost.com to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
*  You grant Egeniushost.com permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
*  If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
*  When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
*  If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
*  If we make any refunds due to charges you dispute with your credit card Egeniushost.com, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Egeniushost.com as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
*  It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

9. Egeniushost.com as Reseller or Licensor

Egeniushost.com is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Egeniushost.com Product"). Egeniushost.com shall not be responsible for any changes in the Services that cause the Non-Egeniushost.com Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Egeniushost.com Product either sold, licensed or provided by Egeniushost.com to User or purchased directly by User used in connection with the Services will not be deemed a breach of Egeniushost.com's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Egeniushost.com Product are limited to those rights extended to User by the manufacturer of such Non-Egeniushost.com Product. User is entitled to use any Non-Egeniushost.com Product supplied by Egeniushost.com only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Egeniushost.com to User through any Non-Egeniushost.com Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Egeniushost.com Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

10. Internet Protocol (IP) Address Ownership.

If Egeniushost.com assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to Egeniushost.com, and User shall have no right to use that IP address except as permitted by Egeniushost.com in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Egeniushost.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by Egeniushost.com, and Egeniushost.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

11. Property Rights.

*  Egeniushost.com hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Egeniushost.com technology, products and services solely for the purpose of accessing and using the Services. User may not use Egeniushost.com's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Egeniushost.com to User any Egeniushost.com technology, and all rights, titles and interests in and to any Egeniushost.com technology shall remain solely with Egeniushost.com. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Egeniushost.com.
*  Egeniushost.com owns all right, title and interest in and to the Services and Egeniushost.com's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.

12. Disclaimer of Warranty.

User agrees to use all Services and any information obtained through or from Egeniushost.com, at User's own risk. User acknowledges and agrees that Egeniushost.com exercises no control over, and accepts no responsibility for, the content of the information passing through Egeniushost.com's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

13. Limited Warranty.

*  Egeniushost.com represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Egeniushost.com generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Egeniushost.com, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and Egeniushost.com's sole obligation, for breach of the foregoing warranties shall be for Egeniushost.com, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Egeniushost.com may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
*  The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Egeniushost.com's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of Egeniushost.com. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

14. Limitation of Liability.

*  IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
*  WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
*  EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
*  The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15 shall not apply to User's indemnification obligations.
*  Notwithstanding anything to the contrary in this Agreement, Egeniushost.com's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
*  User understands, acknowledges and agrees that if Egeniushost.com takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Egeniushost.com shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Egeniushost.com.
*  This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.