Terms of Service

e10Host.com Reserves and Exercises the Right(s) to Refuse Service(s) to Anyone for Any Reason (or, No Reason). A current PDF copy of this document can be downloaded by clicking here.

This Web Hosting Agreement, titled as “Terms of Service” (Terms of Service -or- TOS -or- Agreement) is between e10Host.com (a sole-proprietorship formed under the law(s) of the UNITED STATES with its principal mailing address at 170-19 90th Avenue, JAMAICA, NY – 11432) and “the person (individual, corporation or other like-in-kind) submitting an subscription deemed acceptable via e10Host.com’s Service Order and Set Up form (now: Order) incorporating this TOS and/or e10Host.com’s Forum Registration process (now: Register) incorporating this TOS (now: E10Host Customer)” or “the person (individual, corporation or other like-in-kind) visiting and/or browsing e10Host.com’s Web site(s) (now: Visitor) incorporating this TOS”. This Agreement is applicable to “E10Host Customer” and “Visitor” (now: Customer) use(s) of e10Host.com’s commercially reasonable discretion(s) (Web site(s)) (with -or- without: and/or) service(s) (service).

e10Host.com (now: E10Host) is subject to terms (including, but not limited to: condition(s), stipulation(s), statement(s), restriction(s), method(s), peradventure(s), and/or like-in-kind(s) and/or nature(s)) provided and/or manifested hereinbefore/herein/hereinafter for/of/in/by constituting Agreement, reasonably and respectively prudent.

Customer is subject to terms (including, but not limited to: condition(s), stipulation(s), statement(s), restriction(s), method(s), peradventure(s), and/or like-in-kind(s) and/or nature(s)) provided and/or manifested hereinbefore/herein/hereinafter for/of/in/by constituting Agreement, reasonably and respectively prudent.

§ 1   Services

Contingent on Customer being in satisfaction of E10Host’s credit approval requirements, E10Host agrees to provide Order service described of/in/by Order for remitted tendered payment “fee(s) of service(s) and/or service(s) fee(s)” (Service Fee) stated in/of/by Order.

§ 2   Term

The Initial Service Term of the Agreement “shall begin on the date that E10Host generates an e-mail message to Customer announcing the activation of the Customer’s account (Service Commencement Date) and shall continue for the number of months stated in/of/by Order (Initial Service Term)”.

Upon expiration of the Initial Service Term, this Agreement shall automatically renew for the same length as the Initial Service Term (each an Renewal of Service Term) unless E10Host or Customer provides the other with legible written “Notice of Non-Renewal” at least thirty (30) days prior to the expiration of the Initial Service Term or then-current Renewal of Service Term, as applicable pursuant to Section 16 (Notices).

The Initial Service Term and any Renewal of Service Term may be referred to collectively in this Agreement as: Term.

§ 3   Payments

Conscionable Service Fee is payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on/of/by the Order, beginning on the Service Commencement Date.

E10Host may require payment for the first billing cycle before beginning Web site(s) service. If Order provides for credit/debit card billing, the Customer authorizes E10Host to bill subsequent Service Fee to the credit/debit card five days prior to, on, or after the first day of each successive billing cycle during the Term of this Agreement; otherwise E10Host will invoice Customer via electronic mail to the Primary Customer Contact listed on/of/by Order. Invoiced Service Fee may be issued on or before the 1st day of each billing cycle, and the Service Fee shall be considered due on the invoiced date.

Customer is responsible for providing, sustaining, and/or maintaining E10Host with any, and all, pertinently relative change(s) to billing information (such as, but not limited to, credit card expiration, change(s) in billing address).

Payment(s) must be, in genuine authentic form substantially; UNITED STATES DOLLARS (USD).

At its option:

  1. E10Host may suspend Web site(s) service without notice if Service Fee payment is overdue.
  2. E10Host may accrue charge(s) (relational to Customer account) to be made to Customer and/or Order       credit/debit card until such charge(s) exceed(s) $10.00 USD.
  3. E10Host may charge interest on amount(s) due at the lesser (of) 1.5% per month or the maximum non-       usurious rate applicable by/under applicable law(s).

Service Fee not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay E10Host’s reasonable reinstatement Service Fee following a and/or any suspension(s) of Web site(s) service for non-payment, and to pay E10Host’s reasonable cost(s) of collection of amounts(s) due (but not limited to: past, overdue, accrued) including (but reasonably may not be specifically limited to) collection agency fee(s), attorney fee(s), and court cost(s).

Renewal Notice and Invoice Payments

You will receive a renewal notice 14 days before the due payment date. After, you will receive your second notice 7 days before the invoice due date and first overdue mail will be sent one day after the due date. You will receive a second overdue notice 3 days after the due date and will be charged an overdue fee of $10 USD if you fail to pay the full amount of the invoice total within 5 days past the due date. Furthermore, if you fail to pay the fee beyond 5 days past it’s due date, your account will be automatically suspended by our server. If you fail to get in touch with us or pay the full invoice fee 30 days past due date, your account will automatically be terminated from our server.

§ 4   Fee Increases

E10Host may reasonably adjust its’ Service Fee effective the first day of a Renewal of Service Term by giving notice to Customer of the new Service Fee due at least thirty (30) days prior to the beginning of the Renewal of Service Term, and if Customer does not give a “Notice of Non-Renewal” as provided in Section 16 (Notices), the Customer shall be deemed to have accepted the reasonably adjusted Service Fee due, not for that Renewal of Service Term, for any subsequent Renewal of Service Term and each successive, then subsequent, Renewal of Service Term shall enjoy the said noticed Service Fee due unless the Service Fee be adjusted in the manner aforementioned above for a then subsequent Renewal of Service Term.

§ 5   Tax(es)

At E10Host’s request Customer shall remit in a timely, reasonable, and prudent manner to E10Host all Sales, VAT or similar tax(es) imposed on the provision(s) of Web site(s) service (but not in the nature(s) of an Income Tax on E10Host), regardless of whether E10Host fails to request and/or collect the Sales, VAT or similar tax(es) at the time (or anytime thereinafter) the related service is provided.

§ 6   Early Termination

Customer acknowledges that the amount of Service Fee is based on/in/by Customer agreement to pay the Service Fee for the entire Initial Service Term, or Renewal of Service Term, as applicable. In the event E10Host terminates Agreement (for Customer breach(s) of/in Agreement) in accordance with Section 12(b) (Termination of Service), or Customer terminates the Agreement other than in an accorded performance of Section 12(b) (Termination of Service) for E10Host breach(s), the unpaid Service Fee for each billing cycle remaining in the Initial Service Term or then-current Renewal of Service Term, as applicable, are due on the business day following termination of the Agreement without exception(s).

§ 7   TOS/AUP/PP/ECR

  • Customer agrees to use Web site(s) service in compliance with applicable law(s) and E10Host’s Acceptable      Use Policy (AUP) posted at http://www.e10host.com/support/acceptable-use-policy/, incorporated in      Agreement by reference.
  • Customer agrees to use Web site(s) service in compliance with applicable law(s) and E10Host’s Privacy      Policy (PP) posted at http://e10host.com/support/privacy-policy/, incorporated in Agreement by      reference.
  • Customer agrees to use Web site(s) service in compliance with applicable law(s) and E10Host’s Forum Rules      - E10Host Community Rules (ECR) posted at http://e10host.com/forum/index.php?/topic/2-forum-rules/,      incorporated in Agreement by reference.
  • Customer agrees that E10Host may, in its reasonable commercial judgment(s) not inconsistent with industry      standards, amend the TOS and/or AUP and/or PP and/or ECR from time to time to further detail and/or      describe reasonable restriction(s) and/or condition(s) on Customer use(s) of Web site(s) service.      Amendment(s) to the TOS and/or AUP and/or PP and/or ECR are effective on the earlier of E10Host’s notice      to Customer that amendment(s) has/have been made, or the first day of any Renewal of Service Term that      begins subsequent to amendment(s).
  • Customer agrees to cooperate with E10Host’s reasonable and prudent investigation(s) of any suspected, but      not limited to: violation(s) or neglect(s) of an Agreement or Agreement, whole or in part(s).

ab dominus impero ad Eliquo: The governing authority of or in any and all interpretation(s) and/or clarification(s) and/or definition(s) of/in/by/for “Agreement”, whole or in part, does exist solely with E10Host and not the Customer.

(a)   Abuse

Maliciousness, in any form(s) (including, but not limited to: variation(s), degree(s), and/or nature(s) of fraud(s), deceit(s), inveigle(s), denial(s) of service(s), theft(s), invasion(s), hacking(s) and/or cracking(s), infringement(s), etc…), is as a prevalent abusiveness online. Prevalent abusiveness made to manifest (deemed: conscious non-conducive upholding of the TOS (even into “Agreement”)) noticeably a breach of Agreement shall be for the Customer as “Any and/or All thing(s) related you may (or, may not) wish for (or never (yet) knew existed) to never come to pass by belief of escaping bound responsibility for maliciousness today – Will by Service of Process tomorrow, be. Ignorance… is no excuse“.

Considered abusive (being denied (or otherwise, restricted) is the use and/or employ and/or harboring of), but not limited to:

  • Phishing and/or Scams,
  • Warez and/or Piracy,
  • SEO Spam,
  • vBulletin,
  • Invision,
  • Power Board,
  • Nulled Scripts,
  • Hacking and/or Cracking Tools,
  • Pornography,
  • Pharmacy and/or ‘Viagra’,
  • Key Loggers,
  • Bit-Torrent,
  • Galaxy Tool,
  • CStrike,
  • Web Proxies,
  • RapidLeech,
  • Chatrooms,
  • Habbo Clones,
  • Webcams,
  • Weather Scripts,
  • Warez Link Protectors,
  • Mail Bombing, and
  • Affiliate landing pages and web site(s) (including, but not limited to: any and/or all suspect(ed) associated file(s), image(s), database(s)) made for Adsense spam and/or sole purpose of advertising are not allowed on the Web site(s).

Such, as above, will be deleted immediately after detection with or without notice(s).

Purported, reported, observed (or Not purported…) abuse of Web site(s) may (or, may not) immediately be noticed, as for any reasonable and prudent reason(s); such as, but not limited to: E10Host is co-operating with law enforcement in investigation(s) (E10Host is under no obligation(s) to Customer regarding information confirming nor denying such activity or like-in-kind legal (if not, lawful) activity), E10Host has not yet been methodically (automated (or, otherwise)) made aware of the abuse of Web site(s)”.

Abuse is sufficient to suspend and/or ban your Web site(s) account (whole, or in part(s)). If you are the owner of such a noticed suspended and/or banned Web site(s) account (whole, or in part(s)), please visit our livechat support to find out the reason(s) for the suspension and/or banishment of Web site(s) account (whole, or in part(s)).

§ 8   Customer Information

Customer, by/in/of Order, represents and affirms to E10Host that the information(s) the Customer has provided (and will provide) to E10Host (for purposes of establishing and maintaining Order service) is up-to-date, accurate, true, and correct (if Customer is an individual: Customer represents and affirms to E10Host that Customer is at least eighteen (18) years of age).

Customer, by/in/of Register, represents and affirms to E10Host that the information(s) the Customer has provided (and will provide) to E10Host (for purposes of establishing and maintaining Register service) is up-to-date, accurate, true, and correct (if Customer is an “minor” individual: Customer represents and affirms to E10Host that Customer is at least thirteen (13) years of age).

E10Host may rely and/or proceed on the instruction(s) of the entity (living or non-living) listed as the Primary Customer Contact on/in/of/by the Order with regard(s) to Customer account until Customer has provided a timely and good faith legibly written, with bona-fide subscriptions of the transferring parties involved being duly notarized by an Notary Public, “Notice of Change of Primary Customer Contact” to E10Host changing the Primary Customer Contact on or of the Order.

Important Note: The Internet Corporation for Assigned Names and Numbers (ICANN) requires that contact information for Domain Name Registration be correct and up-to-date at all times. They may suspend and/or terminate Domain Name Registration at any time, without notice for violation(s) of this policy.

§ 9   Indemnification

Customer agrees to indemnify and hold harmless E10Host (including without exception, but may not be limited to: E10Hosts’ affiliates, E10Hosts’ associates, and each of their respective officers, directors, agents, and employees) from and/or against any and all claim(s), demand(s), liability(ies), obligation(s), loss(es), damage(s), penalty(ies), fine(s), punitive damage(s), amount(s) in interest(s), expense(s) and/or disbursement(s) of/in/for/by any kind(s) and/or nature(s) whatsoever (including, but not limited to, reasonable attorney(s) fee(s)) brought by a third party under any theory of lawful/legal liability(ies) arising out of or related to the actual or alleged use(s) of Customer service(s) whether or not in violation(s) of any and all applicable law(s) and/or the Agreement by Customer and/or any entity(ies) using a customer’s and/or Customer log on information(s), regardless of whether such entity(ies) was/were and/or has/have been authorized to use the Order, Order service, Web site(s), Web site(s) service and/or customer’s service(s) by Customer.

§ 10   Disclaimer of Warranties

E10Host does not warrant and/or represent that Web site(s) service will be uninterrupted, error-free and/or completely secure. To the extent permitted by applicable law(s) E10Host disclaims any and all warranty(ies) (implied or not) including, but not limited to: the implied warranty(ies) of merchantability, fitness for a particular purpose, and/or non-infringement to the extent permitted by applicable law(s). All Web site(s) service is/are provided on an “AS IS” basis.

§ 11   Limitation of Damages

With exception(s) of Section 11(a) the “limitation(s) of damage(s)” is as:.

Neither party shall be liable to the other for any lost profit(s) or any indirect, special, incidental, consequential and/or punitive loss(es) and/or damage(s) of/in/by/for any kind(s) and/or nature(s) or for damage(s) that could, should, and/or ought have been avoided by the use of, but not limited to: common sense and/or reasonable and prudent diligence(s) arising in connection(s) with Agreement.

Notwithstanding anything else in/of/by/for an/the agreement to/of/by/for/in the contrary, the maximum aggregate liability of E10Host (including without exception, but may not be limited to: E10Hosts’ affiliates, E10Hosts’ associates, and each of their respective officers, directors, agents, and employees) under any theory of law(s) (including, but not limited to: breach(s) of contract(s), tort(s), strict liability(ies), and infringement(s)) shall be a payment of money(ies), being USD, not to exceed the amount: “payable by Customer for three (3) months of Order”.

(a)   Exceptions

(1)   UCE/SPAM

The Customer may/can and/or will be charged $25.00 USD for each UCE and/or SPAM complaint regarding the Customer account(s) and domain(s) received and verified. If it is determined that Customer and/or Customer account has sent UCE and/or SPAM from our network(s) or server(s), the Customer will reimburse E10Host the amount(s) of any rightfully-due fee(s) incurred to us by any and all rightfully-due up-stream provider(s), and furthermore, remedially submit to E10Host the sum of $500.00 USD plus $0.25 USD per electronic mail (also known as: e-mail, or email) sent.

View the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

§ 12   Suspension/Termination

(a)   Suspension of Service

Customer agrees that E10Host may suspend Web site(s) service to Customer without notice and/or without liability(ies) if:

  1. E10Host reasonably suspects that the Web site(s) service is/are being used in violation(s) of the AUP;
  2. Customer fails to cooperate with any reasonable and prudent investigation(s) of any suspected violation(s)       of the AUP;
  3. E10Host reasonably concludes that the suspension of Web site(s) service is necessary to protect its       network(s), server(s) and/or Customer(s);
  4. Requested by a (or any) law enforcement or regulatory agency. Customer shall pay E10Host’s       reasonable reinstatement fee(s) if Web site(s) service is reinstituted following suspension of Web site(s)       service under this subsection.

(b)   Termination of Service

The Agreement may be terminated by Customer prior to the expiration of the Initial Service Term or any Renewal of Service Term without further notice(s) and without liability(ies) if E10Host fails in a material way to provide the Web site(s) service in accordance with Agreement and does not cure the failure(s) within a period not to exceed ten (10) days of Customer providing legibly written notice describing the failure(s) in reasonable and prudent detail(s).

The Agreement may be terminated by E10Host prior to the expiration of the Initial Service Term or any Renewal of Service Term without further notice(s) and without liability(ies) as follows in the next four (4) points:

  1. Upon ten (10) days notice if Customer is overdue on the payment(s) of any amount(s) due per Agreement;
  2. Customer materially and/or through any manifestation(s) violates any other provision(s) of/in/by Agreement,       including the AUP, and others mentioned “incorporated” and fails to cure the violation(s) within ten (10) days       of a written notice from E10Host describing the violation(s) in reasonable and prudent detail(s);
  3. Upon one-half (1/2) days notice if Customer account(s) is/are used in violation(s) of a material and/or       manifested term (including, but not limited to: condition(s), stipulation(s), statement(s), restriction(s),       method(s), peradventure(s), and/or like-in-kind(s) and/or nature(s)) of/in/by/for the AUP more than once, or
  4. Upon one (1) days notice if Customer violates Section 8 (Customer Information) of Agreement.

Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its’ creditor(s), file(s) for bankruptcy or similar protection(s), is unable to pay debt(s) as they become due, has trustee(s) or receiver(s) appointed over all or substantial portion(s) of its’ asset(s), or enters into an agreement for the extension(s) or readjustment(s) of all or substantially all of its’ obligation(s).

§ 13   Requests for Customer Information

Customer agrees that E10Host may, without notice(s) to Customer:

  1. Report to the appropriate authority(ies) any conduct by Customer or any of Customer’s customer(s) or       end user(s) that, E10Host suspects, violates applicable law(s), and/or
  2. May, Can or Will provide any or all pertinent information(s) that it has about Customer or any of its’       customer(s) or end user(s) in response to informal or formal request(s) and/or order(s) from a (or any) law       enforcement or regulatory agency or in response to formal request(s) in civil action(s) that on its face meets       the requirement(s) for such request(s).

§ 14   Backup Copy

Customer agrees to maintain separately a current copy of all current and up-to-date Customer Order content hosted by E10Host apart from E10Host notwithstanding any agreement(s) by E10Host to provide or action back up (also known as: backup, or back-up) service(s).

§ 15   Changes to E10Host’s Network

Upgrade(s) and other change(s) in E10Host’s network(s), server(s) and/or Web site(s) service including, but not limited to: change(s) in its software(s), hardware(s), and service(s) provider(s), may affect the display(s) or operation(s) of the Customer’s hosted content(s) and/or application(s)/program(s). E10Host reserves the right(s) to change its network(s), server(s) and/or Web site(s) service in/by/for its’ commercially reasonable discretion(s), and E10Host shall not be liable for any resulting harm(s) to Customer.

§ 16   Notices

Notice to E10Host under the Agreement, unless otherwise provided for herein and/or throughout the entirety and/or condition of Agreement, shall be given via electronic mail to the e-mail address posted for E10Host Customer Support ( support@e10host.com ), unless otherwise mentioned.

Notice to Customer shall be given via a posting on E10Host’s website or optionally by electronic mail to the entity (living or non-living) listed as the Primary Customer Contact on the Order or as listed by the Customer provided contact information in the customer’s account.

Notices are deemed received on the day posted or transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change the Customer Notice Address by a “Notice of Change of Primary Customer Notice Address” given in accordance with Section 8 (Customer Information).

§ 17   Force Majeure

E10Host shall not be in default of any and/or all obligation(s) under the Agreement if the failure(s) to perform the obligation(s) is/are due to any event(s) beyond E10Host’s control(s), including, but not limited to: significant failure(s) of portion(s) of the power grid(s), significant failure(s) of the Internet, natural disaster(s), war(s), riot(s), insurrection(s), epidemic(s), strike(s) (or other organized labor action(s)), terrorist activity(ies), or other event(s) of magnitude(s) or type(s) for which precaution(s) is/are not generally taken in the industry(ies).

§ 18   Governing Law and Suit(s) or Action(s)

Agreement shall be empowered and governed through and by the U.S. Constitution and its’ subsequent superior and inferior Law(s), Statute(s), Ordinance(s), and Code(s) of the UNITED STATES through the FEDERAL STATE of FLORIDA, exclusively of its’ law and/or legal principle(s). Agreement, withstanding all or any, shall not be governed (nor, empowered) by the UNITED NATIONS Convention on the INTERNATIONAL SALE of GOODS.


The exclusive venue for any and all Suit(s) or Action(s) arising out of or relating to the Agreement shall be the FEDERAL and/or STATE COURTS in or of or about COLLIER COUNTY, FLORIDA and additionally each party agrees not to dispute such exclusive jurisdiction and each party additionally waives any and all privilege(s) (including, but not limited to: immunity(ies), licensing(s), protection(s) of/in/by/for any kind(s) or nature(s) being or existing or manifesting in/of/by/for political, public or private claim(s)) and/or right(s) (reserved or otherwise exercised or secured in/of/by/for political, public or private existence(s)) thereto for commencement and final disposition adjudication.

§ 19   Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and right(s) in its’ trademark(s), service(s) mark(s), trade(s) secret(s), invention(s), copyright(s), and other intellectual property(ies). Neither party may use the other party’s name(s) or trademark(s) without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractor(s) and not a partnership(s), joint venture(s), or employer/employee.

Neither party will represent itself to be agent(s) of the other. Each party acknowledges that it has no power(s) or authority(ies) to bind the other on any agreement(s) outside the acceptance of this Agreement and that it will not represent to any person(s) that it has any such power(s) or authority(ies).

This Agreement may be otherwise amended only by formal written agreement subscripted by both parties. The terms on Customer’s purchase order or other business forms are not binding on E10Host unless they are expressly incorporated into formal written agreement subscripted by both parties.

A parties failure or delay in enforcing any provision(s) of an otherwise amended Agreement will not be deemed a waiver of that party’s right(s) with respect to that provision or any other provision(s) of the Agreement. A parties waiver of any of its’ right(s) under an otherwise amended Agreement is not a waiver of any of its other right(s) with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.

The captions in the Agreement are not part of an otherwise amended Agreement, but are for the convenience of the parties.

The following provisions will survive expiration or termination of the Agreement:

  • Service Fee
  • Indemnity obligation(s)
  • Provision(s) limiting liability(ies) and disclaiming warranties
  • Provision(s) regarding ownership of intellectual property
  • These miscellaneous provisions, and other provision(s) that by their nature are intended to survive termination      of Agreement.

There are no third party beneficiaries’ to the Agreement. Neither insurer(s) nor the customer(s) of reseller(s) are third party beneficiaries’ to/of/by/for Agreement.

Customer may not transfer the Agreement without E10Host’s prior written consent. E10Host’s approval for assignment is contingent on the assignee meeting E10Host’s credit approval criteria. E10Host may assign Agreement in whole or in part(s).

Agreement, being respective of/in/by/for applicable Order and/or Register and/or Visitor, and applicably comprised respectively of the Terms of Service, AUP, PP, and ECR constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and makes void any and all prior understanding(s) or communication(s) being written and/or oral. You are responsible for having full knowledge with understanding of such pertinent(s).

If for/in/of/by/to any reason(s) (obvious or not) defect(s), flaw(s), error(s), and/or like-in-kind(s) and/or nature(s) be found and/or manifest(ing)(ed) in/of/by/through/for Agreement the true and correct kind(s), nature(s), and intent(s) removing such “defect(s), flaw(s), error(s), and/or like-in-kind(s) and/or nature(s) be found and/or manifest(ing)(ed) in/of/by/through/for Agreement” be established and implemented by E10Host commercially reasonable discretion(s). Such mentioned defect(s), flaw(s), error(s), and/or like-in-kind(s) and/or nature(s) practically remedied by E10Host is and can not be an, or as, amendment(s).

E10Host
170-19 90th Ave Jamaica, NY, 11432 USA 
 •&nbsp6465046748