This is an agreement between you ("Customer") and eKoo ("eKoo") regarding Customer purchase and use of hosting services ("eKoohost") (collectively, the "eKoo Service"). eKoo is an assumed business name of eKoo Strategy.

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1.0                eKooHost Services

1.1                Description  eKooHost is a web hosting service which provides the Customer with the storage and delivery of a web site. With a  eKooHost account, Customer can register a domain (registration fees not included in  eKooHost account fees), establish domain e-mail and build a web site within the allocations of disk space and monthly data transfer Customer subscribes to. eKoo will maintain the servers the Customers web site resides on. The Customer is solely responsible for building and maintaining their own web pages and for ensuring that Customer's use of the service remains within the allocations Customer has subscribed to.

1.2                Commerce on the Web. By using the eKooHost Services, Customer may have opportunities to order and purchase merchandise or services from other subscribers to the eKoo Service and users of other communications outlets such as the Internet. Customer acknowledges that all transactions relating to merchandise or services offered by Customer through the eKoo Service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between Customer and third party purchasers. eKoo and its affiliates make no warranties or representations whatsoever with respect to Customer's goods and services, or with respect to the qualifications of any third party purchaser.

1.3                Accounts and Passwords. This Agreement applies to all user IDs associated with Customer account. Customer is responsible for the use of each of such user IDs, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of Customer user IDs or account. . Customer is responsible for maintaining the confidentiality of Customer passwords. In the event of a breach of security through your account, Customer will be liable for any unauthorized use of the eKoo Service until Customer notifies eKoo customer service at  1-351-201-9866

 2.0           Term and Termination

2.1 Term. Customer agrees to an initial term (" Initial Term") for the eKoohost Service of one year, commencing from the eKoohost Services activation date ("Activation Date").  After the Initial Term, the contract shall automatically renew for successive periods equal to the Initial Term.  Customer may decide not to renew eKooHost Services at the end of the Initial Term or any renewal term by providing written notice at least thirty (30) days prior to the expiration of the term.. Notice of non-renewal must be sent to:

 eKoo Strategy.
Attn:  Customer service
 136 Essex st. C#309
S Hamilton, MA 01982

2.2.               Termination. The following are the only means by which this Agreement may be terminated:

(a)   Material Breach by eKoo. In the event eKoo is in default of this Agreement, Customer may terminate this Agreement by giving EKoo ten (10) days prior written notice thereof; provided, however, that this Agreement shall not terminate at the end of said ten (10) days notice period if EKoo has cured the breach of which it has been notified prior to the expiration of said ten (10) days.

(b)   Material Breach by Customer. In the event Customer is in default of this Agreement (other than a breach by Customer of paragraph 3.0) eKoo may terminate this Agreement by giving Customer ten (10) days prior written notice thereof; provided, however, that this Agreement shall not terminate at the end of said ten (10) days notice period if Customer has cured the breach of which it has been notified prior to the expiration of said ten (10) days. In the event Customer is in default of paragraph 4.1eKoo may, at its sole discretion: (i) enforce and impose the remedies described in its Acceptable Use Policy; or (ii) immediately terminate the eKoo Service and this Agreement.

(c)        Termination for Convenience. Either Party may terminate this Agreement at any time for convenience upon thirty- (30) day's prior written notice to the other Party.

2.3                Reconnect Fee. If Customer Service is terminated due to non-payment and/or abuse, Customer agrees to pay a reconnection fee, if Service is reactivated. 

3.0           Fees and Payment

3.1           Fees. Customer shall pay eKoo all applicable monthly fees and any additional fees and charges in connection with the eKoo Service, as specified in the sales order executed by Customer and accepted by eKoo ("Sales Order"). The fees and charges include, but may not be limited to, a one time set-up charge, and fees paid by eKoo on Customer's behalf to register and maintain domain names for Customer. The Acceptable Use Policy may contain additional charges.

3.2                Payment Customer agrees that eKoo may pre-charge Customer's monthly service fee to the credit card supplied by Customer during registration. Charges for eKooHost Service commence upon the Activation Date (see section entitled "Term" for definition of Activation Date). If eKoo does not receive the full amount of Customer's EKoo Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to Customer bill as a late charge each month and will be due and payable immediately. The specific service Customer has chosen may offer Customer the choice of additional payment terms, including without limitation pre-payment terms. eKoo reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. eKoo may reduce any fees at any time without notice. In the event that Customer account is terminated or canceled, on-line time credited to Customer account is not convertible to cash or other form of credit.

4.0                Acceptable Use.

4.1           Code of Conduct. Customer acknowledges that Customer has read and understands, and agrees to comply with, all applicable provisions of the then current copy of eKoo Acceptable Use Policy, eKoo agrees to provide a hard copy” of said policy upon Customer' s written request.

4.2           Customer expressly agrees that eKoo shall not be liable to Customer for any action eKoo takes to remove or restrict access to obscene, indecent or offensive content made available by Customer, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

4.3                Indemnity.  Upon written or electronic request of eKoo, Customer agrees to defend, indemnify and hold harmless eKoo, its officers, directors, employees, agents and licensees, from any claims, liabilities, losses, damages and expenses, including reasonable attorneys fees, arising out of or relating to Customer's use of the eKoo Service.

5.0                Warranty Disclaimer and Limitation of Liability

5.1           No Warranties. THE EKOO SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, AND EKOO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE EKOO SERVICE, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EKOO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE EKOO SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EKOO, ITS EMPLOYEES, and LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.

5.2                Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EKOO OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE EKOO SERVICE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS, OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE EKOO SERVICE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EKOO’S RECORDS, PROGRAMS OR SERVICES, EVEN IF EKOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, eKoo liability is limited to the greatest extent permitted by law. IN NO EVENT SHALL eKOO's LIABILITY TO CUSTOMER EXCEED THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO EKOO FOR THE EKOO SERVICE DURING THE PREVIOUS TWELVE MONTHS.

6.0           General Provisions

6.1                Assignment and Resale. Customer may not assign this Agreement without the prior written consent of eKoo, and any such attempted assignment shall be null and void. Customer may not resell the eKoo Service or any portion thereof.

6.2                Governing Law and Forum Selection. Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Virginia (excluding its choice of law rules). Customer consents to personal jurisdiction in the federal and state courts of Fairfax County, Virginia for any action arising out of or relating to Customer use of the eKoo Service. The federal and state courts of Fairfax County, Virginia shall have exclusive jurisdiction over all such actions.

6.3           Force Majeure. Neither party shall be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation fire, flood, war, strikes, explosions or acts of God.

6.4           Entire Agreement and Modifications. This Agreement and its Sales Order sets forth the entire agreement of the parties with respect to the subject matter contained herein, and supersedes any and all prior agreements of the parties with respect to such subject matter.  eKoo may modify this Agreement upon thirty days written notice to Customer.  Customer's continued use of the eKoo Service following notice of any such modification shall constitute Customer's acceptance and agreement to be bound by such modification.

6.5                Surviving Paragraphs. Paragraphs 2.3, 4.3, 6 and 6.2 of this Agreement, inclusive of subparagraphs shall survive any termination of this Agreement.

6.6           Notices. Any notices in connection with this Agreement must be sent to each party as follows: if to eKoo:  eKoo Strategy13 Walcott Rd. Danvers, MA 01923: if to Customer: either the e-mail address for Customer account, or the address supplied by Customer as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.

Terms