This AGREEMENT between eDataRack (hereinafter referred to as "eDataRack") and Account Holder (hereinafter referred to as "Member") WHEREAS eDataRack provides the service including but not limited to that of Web Hosting, Domain Name Registration Service, E-mail Service, and File Upload Service (the "Service"); AND WHEREAS Member desires to subscribe to the Service on the terms and conditions contained herein; now THEREFORE in consideration of the mutual agreements contained in this Agreement, eDataRack and Member agree as follows:

1. The Service

eDataRack's services include but are not limited to the following: Domain hosting, POP and web-based e-mail, and file upload (FTP). eDataRack.com does not place banners on Members' web sites although Members may choose to do so in accordance with all regulations set out by eDataRack.com, the province, and the country. eDataRack.com will not charge a membership fee for the aforementioned services unless Member chooses to use optional services that are subject to a fee. Member is, however, entirely responsible for:

i. all fees and/or charges related to domain name registration and/or renewal of such registration and or hosting renewal on a yearly or monthly basis via automatic debits by our recurring billing system software;

ii. Presenting available payment upon due date for any of eDataRack's paid services; if account(s) has outstanding balance, eDataRack.com reserves the right to suspend all services associated to member and/or member credit card number until amount is paid in full*

iii. Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by eDataRack.com, including but not limited to a computer and modem;

iv. Providing own access to the World Wide Web and pay for all fees associated with such access.

2. Member Information

To be able to use the Service, Member must complete a proper registration process. Member agrees to:

i. provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;

ii. Maintain and update this information to keep it current, complete, and accurate.

eDataRack.com does not sell or disclose any Registration Data to a third-party unless:

i. Member voluntarily discloses such information to another party;

ii. Member expressly directs eDataRack.com to release such information;

iii. eDataRack.com is required to disclose such information by any applicable law or legal process served on eDataRack.com.

3. Advertisements

Member may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, pornographic, or discriminatory nature. Member may also enter into correspondence with or participate in promotions of the Advertisers whose banners are displayed on own or other Members' web sites. Any such correspondence or participation, including the payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding Member and the Advertiser. eDataRack.com assumes no liability, obligation or responsibility for any part of any such correspondence or participation.

4. Limitations

The Service is subject to the following limitations:

i. Member agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the eDataRack.com servers;

ii. Member shall not include content or Internet links to content on the site that may contain, promote, or involve the following:

a. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

b. gratuitous nudity or pornography;

c. content that exploits children under 18 years of age;

d. hate and or terrorist propaganda;

e. racist, threatening, or otherwise abusive content;

f. content promoted through the sending of unsolicited e-mail (also known as spamming);

g. sending of unsolicited e-mail (SPAM) from the eDataRack.com server, or any other server that refers to content on the eDataRack.com server, or sending such e-mail with a eDataRack.com-hosted web site listed as the contact address;

h. mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;

i. the promotion or incitement of, or instruction for, the commission of illegal activities;

j. information or other material that contains a virus, corrupted data or other harmful or damaging component.

k. illegal Internet gaming sites / file sharing servers;

l. illegal bulk email services;

5. Member Account, Password, and Security

A password and an account are provided to Member upon completion of registration. Member is entirely responsible for

i. maintaining confidentiality of the password and account;

ii. All consequences of voluntary disclosure of password and account information;

iii. Any and all activities that occur under Member's account.

Member agrees to notify eDataRack.com immediately of any unauthorized use of Member's account or any other breach of security known to Member.

6. Billing & Cancellation

E-mail notice is required to cancel your service with eDataRack.com and there is no cancellation fee. All yearly and monthly hosting fees paid for service up to the notice of cancellation after the 15-day trial period are pro-rated monthly thereafter for refund processing. Hosting accounts cancelled after 90-days of service will be issued pro-rated refunds by company check via postal mail due to Visa Master Card regulations.

Yearly and monthly hosting accounts are automatically charged and renewed on their corresponding anniversary dates without notice unless a cancellation request is received to our Billing Department 30-days prior to renewal date. For billing discrepancies / disputes please call 214-432-2395 before contacting your card issuing bank.

7. Data transfer and web space limitations

In order to load balance our servers keeping our services cost effective and reliable for all of our members, bandwidth limitations and web space is limited to a maximum of 200GB of data transfer and 15000MB of web space depending on members account type.

 eDataRack.com reserves the right to discontinue services without notice should any hosting account exceed CPU / database thresholds on our shared servers which may cause service interruption to other members.

8. Amendments to Agreement

Member agrees to be bound by any amendments or modifications to this Agreement that are set out, from time to time, by eDataRack.com anywhere on this site http://www.edatarack.com/.

9. Modifications to Service

eDataRack.com reserves all rights to modify or discontinue the Service with or without notice to Member. eDataRack.com shall not be liable to Member or any third party should eDataRack.com exercise its right to modify or discontinue the Service.

10. No Representations or Warranties

The Service offered by eDataRack.com is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

i. eDataRack.com makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered;

ii. eDataRack.com is not responsible for deleted, altered, or lost data due to network or system outrages, file corruption, accidental deletion, or any other reasons;

iii. eDataRack.com makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;

iv. eDataRack.com makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;

v. eDataRack.com may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. eDataRack.com does not guarantee or warrant the reliability of this information nor does eDataRack.com recommend any of these services.

11. Limitation of Liability

eDataRack.com is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the eDataRack.com server; or losses or damages arising from the use of the content or services provided by eDataRack.com. For greater certainty and without limitation to the generality of the following:

i. in no event will eDataRack.com be liable to Member for any direct, indirect, incidental or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to Member;

ii. eDataRack.com, and it's employees shall in no way be liable to Member or anyone else for any loss or injury resulting from use of the Service or the Site;

iii. In no event shall eDataRack.com be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of Members' web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

12. Indemnity

Member agrees to indemnify and hold eDataRack.com harmless from and against, and to reimburse eDataRack.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by eDataRack.com by reason of or arising out of or in connection with

i. any breach of this Agreement by Member;

ii. Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the Site;

iii. Illegal, pornographic, or discriminatory content on the Site

13. Termination

Member agrees that eDataRack.com may terminate this Agreement, discontinue the Service and delete the Site at any time with or without notice to Member in any of the following circumstances:

i. Member violates any term of this Agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by eDataRack.com anywhere on this site http://www.edatarack.com/;

ii. Member engages in conduct or posts material on the Site that eDataRack.com believes is harmful to other Members, the business of eDataRack.com or any third-party;

iii. Member engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the eDataRack.com servers;

iv. Member disputes the terms of this Agreement or any amendment set out by eDataRack.com;

v. eDataRack.com receives complaints regarding Member or the Site, from other Members or third-parties.

vi. Member provides personal information that is not current, accurate, and complete.

14. Governing Law

i. This Agreement is governed by and construed in accordance with the applicable laws of the State of Texas and the federal laws of USA;

ii. Member andeDataRack.com agree to submit to the exclusive jurisdiction of the courts of the State of Texas and of USA;

iii. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect;

iv. eDataRack's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to beDataRack.com by writing;

v. Member and eDataRack.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this Agreement are solely used for the convenience of the parties involved and hold no legal or contractual significance.