Earth Village End-User Terms of Service

This order is between Earth Village Creations (Earth Village) and Customer and Incorporates the Earth Village Order Form, the Service Requirements and Service Specifications, for the provision by Earth Village or its subcontractors of the ordered Service, Options and/or Equipment. Customer, by signature on the Order Form, agrees to the terms specified herein.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Earth Village Network Usage

A. Customer has read and agrees to comply with Earth Village's Acceptable Use Policies ("Policy") and may be modified by Earth Village. Earth Village will post any changes on its web site. Any content, material, message or data made available or transmitted through the Service, wherever it is sent from, viewed, received, or retrieved, that is in violation of (i) any local, state, federal, foreign or International law, regulation or treaty; (ii) the Policy; or (iii) any community standard or accepted internet policy is prohibited. Earth Village does not monitor or control information residing on the Equipment or transmitted through it's Network, so use of any information obtained through the Service, Network, Internet or Equipment is at Customer's risk. Customer assumes all responsibility for the use by End Users of the Service, to include all attempted or completed transactions (including commercial transactions) between Customer and End-Users. Violation of this Section may be deemed a material breach of this Agreement and Earth Village may immediately disable or terminate the Service upon notice to Customer.

B. Use of the Service. Service is limited to Customer, wholly owned affiliates of Customer, Customer's staff, and Customer's consultants performing work for Customer. Any third party traffic is prohibited.

C. Network Numbers/Domain Name Policy. Customer agrees to the Network Number and Domain Name Policies set forth in the Specification, in all instances, Earth Village Network numbers and IP Addresses utilized by Customer remain Earth Village property, and upon termination of Service, return to Earth Village. Customer at all time has responsibility for its own domain name. Earth Village has sole discretion as to the Internet routing of Earth Village provided IP Addresses.



2. Payment
Customer agrees to pay the set-up and installation fees, as invoiced upon Earth Village acceptance of Customer's Order: except for default by Earth Village, these fees are non-refundable. Earth Village may delay activation of Service to the Customer if this initial invoice is not paid when due. Regular billing for the Service will begin on the date the Service Requirements are completed for Service Activation ("Anniversary Date"). Thereafter, invoices will be for the specified period of Service (monthly or quarterly) and are payable 15 days after date of invoice. Invoices will include that period's Service fees (including any ordered Option or Equipment fees), any actual Telco circuit leases fees, and any applicable taxes. Customer agrees that any additional Earth Village Services requested (including and upgrade or relocation of Customer's Circuit will Incur additional fees/charges, and Customer agrees to pay those fees/Charges when invoiced. Invoices not paid within 15 days after date of invoice will be in default, and subject to a 1.5% per month interest fee or the maximum rate permitted by law, whichever is less, on all past-due balances. Customer agrees to reimburse Earth Village for any costs incurred as a result of any collection activity. Customer agrees that Earth Village may request information from a reporting agency to enable Earth Village to assess Customer's credit history, that such action is not the extension of "credit" to Customer. Earth Village may alter these billing arrangements as a result upon written notice to Customer.
A credit card User agrees to allow Earth Village to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Earth Village of any changes in credit card number or expiration date. If the card is not honored for any reason, Earth Village will attempt to notify the cardholder by using the telephone information given at sign-up or by E-mail. Earth Village will call the cardholder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a re-activation fee.
Earth Village reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.


3. Termination
Either party may terminate this Agreement upon written notice to the other (1) at the end of either the initial or subsequent term, so long as notice is provided thirty (30) days before the end of such term, (2) upon material breach of the Agreement by the other party, provided party has not cured breach during a thirty (30) day cure period starting on receipt of written notice provided. Earth Village may terminate or suspend this Agreement immediately, with no cure period, if Customer is more than fifteen 15 days late in paying a Earth Village invoice or if Customer violates the provisions of Section 1. Default by Customer does not remove Customer's responsibilities to pay all fees up to the date of disablement or termination, as well as payment for 100% of the remainder of the Service initial term Commitment. Earth Village may charge for re-connection of Service.


4. Unique Terms.
Full Service. Earth Village-owned Equipment provided to Customer under a Full-Service Option, will be selected by Earth Village, and made available at no cost to Customer, during the Service Term. Earth Village retains all right, title, and ownership in the Equipment. Earth Village will not provide on-site technical support. Earth Village will make available upgrades it deems necessary for Equipment to provide Service. Other Earth Village Services, require Earth Village (or its subcontractors) to provide installation and/or management of the Earth Village-owned Equipment. Customer agrees to reasonably cooperate with Earth Village to facilitate this full-service option; failure to provide such reasonable assistance will suspend the Earth Village Service guarantee during such time. Additional terms applicable to Earth Village-provided Equipment. Customer will be liable for applicable replacement costs if the Equipment is subject to any damage, unauthorized alteration/modification/repair, abnormal use, misuse, neglect, abuse, accident, improper installation, or other acts caused by Customer, its employees, contractors or any other person, and that such action or inaction will void any manufacture warranties and Earth Village Service Guarantee. Customer further agrees that it will indemnify Earth Village for any third party claim based on Customer's unauthorized alteration or modification of the Equipment. If Earth Village determines in its sole reasonable judgment that Earth Village-owned Equipment is defective, Earth Village shall replace the defective Equipment at no cost to Customer. Earth Village is not responsible for service disruptions caused by any Customer request to relocate Equipment. Upon termination of the Option or Service, Customer agrees to return Equipment as directed by Earth Village or to allow Earth Village to remove Equipment. Customer's failure to return or allow removal of the Equipment in the agreed time frame allows Earth Village to repossess the Equipment by way of legal action. Earth Village shall not be liable or deemed to be in default for any equipment failure, equipment damage, delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of nature, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Earth Village.

5. Limitation of Service
The User agrees not to run any web servers, mail servers or any servers of the like nature. The User understands that they will be charged accordingly and retroactively if this stipulation is violated. No System Backup. Earth Village does not and will not perform system backups on any User's E-mail account(s). Earth Village shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Earth Village will not provide historical data, to any party for any reason, regarding any system or Internet activity. Earth Village does not and will not perform system backups on any web sites. Earth Village shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Earth Village will not provide historical data, to any party for any reason, regarding any system or Internet activity.

6. Miscellaneous
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Earth Village may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. In any action between Earth Village and User to enforce any of the terms of this Agreement, Earth Village shall be entitled to recover expenses, including reasonable attorney's fees and collection costs.

7. Warranty Disclaimer.
The forgoing warranties set forth are exclusive and no other warranty is expressed or implied. Earth Village exercises no control whatsoever over the content of the information passing through Earth Village's system. Use of any information obtained via Earth Village is at User's risk. Neither Earth Village nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Earth Village make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY EARTH VILLAGE, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER EARTH VILLAGE NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EARTH VILLAGE, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT EARTH VILLAGE IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, EARTH VILLAGE'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

Indemnification
Customer agrees to defend, indemnify, and hold Earth Village harmless from any claims, losses and damages, including attorney's fees, relating to any violation of this Agreement by Customer or users or its account, or the placement or transmission of any message, information, software or other materials on the Internet by Customer or authorized users of Customer's account. This indemnification shall survive the termination of the Agreement.