Please read this agreement in its entirety. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.

This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by eLab. ('Hosting Provider').

Client agrees to receive access to eLab services according to the following terms and conditions:

1.                               Selection of Service Plan. Client will select one of the service plans offered by eLab, and agrees to receive services according to the service plan selected.

2.                               Payment for Services. Client will pay for services provided under this Agreement by credit card authorization provided to eLab or by check or money transfer. When initiating service, Client will be charged the published setup fee for the service plan selected, as well as a 6 months, 12 months or 24 months as specified by client when filling the order form. Around 4 weeks before the renewal date, the Client will be notified by email of the renewal date and the charges that will be applied to his credit card on the renewal date. If payment is by check or money order, please ensure payment for continuation of the service. The renewal period will be identical to the initial period unless change is requested by email to sales@elabhosting.com.

It is the clients' responsibility to update billing information with eLab. If payment is not received within the proper time frame, the account will be charged $30.00 late fees and/or termination of the account. eLab has the absolute right to cancel any delinquent account without prior notification. There will be Absolutely No Refund for early terminated prepaid or delinquent accounts. eLab will delete all content once a cancellation/termination action is taken. eLab is not responsible for any loss of data.

3.                               Term. This Agreement may be terminated by Client or eLab at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.

4.                               Compliance with Law. Client will use the services offered by eLab in a manner consistent with all applicable local, state and federal laws and regulations.

5.                               File Back-up. eLab is not responsible for Client's files residing on eLab's servers. Client is solely responsible for independent backup of data stored on eLab's servers.  eLab performs regular backups on a daily basis, but we cannot be held responsible for any lost data files.

6.                               Prohibition of Publication of Certain Material. Client shall not knowingly or unknowingly submit to eLab for publication any of the following material (including pictures, links, or any other content):

a.       any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

b.       any material that is libelous or slanderous;

c.        any material which is or contains anything obscene or pornographic; or

d.       distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network

e.       Any abuse of shell account privileges including but not limited to:

                                                         i.            Use of any program/script/command, or sending                               messages of any kind, designed to interfere with                               a users terminal session, via any means, locally or                               by the Internet.

                                                       ii.            Attempts to circumvent the idle daemon or time                               charges accounting, or attempts to run programs                               while not logged in by any method.

                                                      iii.            Repeated running of CPU-intensive user-compiled                               programs which negatively impact other system                               users.

                                                      iv.            Running eggdrop or any other IRC bot                               which is connected to a remote IRC server.

Any violation of the above conditions will result in termination of Client's account without notice.

Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. eLab does not screen in advance Client's material submitted to eLab for publication. eLab's publication of material submitted by Client does not create any express or implied approval by eLab of such material, nor does it indicate that such material complies with the terms of this Agreement.

7.                               DISCLAIMER OF WARRANTIES. eLab's SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.

eLab SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL eLab BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF eLab HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF eLab’s SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, eLab SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO eLab FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

8.                               Limitation/Disclaimer of Liability. eLab is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network eLab or its customers may utilize.

eLab does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall eLab be liable to Client for any damages resulting from or related to any failure or delay of eLab to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond eLab's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

9.                               Indemnity. Client agrees to defend, indemnify and hold eLab harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by eLab to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by eLab, but excluding those related to the negligence of eLab.

10.                           Resale of eLab's Service. If Client acts as a 'reseller' of the services provided by eLab to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made against Client and/or eLab which arise out of the resale of eLab's services.

11.                           Governing Law/Venue. This Agreement shall be governed by the laws of U.S.A.

12.                           Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

13.                           Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by eLab to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then eLab may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.

14.                           Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

15.                           Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

16.                           IP Addresses. eLab maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

17.                           Cancellation. In order to stop service, Client must follow the cancellation procedure.