This agreement is entered into by e-Sensibility, LLC (hereafter referred to as e-Sensibility), and the legal entity who authorized and/or carried out the purchase of Services (hereafter referred to as Customer) from e-Sensibility. This agreement governs Customer use of e-Sensibility's service.

1. Service:

Upon Customer payment and subject to the terms of this agreement, e-Sensibility agrees to provide the Service as described to Customer in the order form (hereafter referred to as Service Plan or Service) and on the relevant package description page.

2. Commencement of Services:

Services begin effective upon Customer receipt of a “Welcome” email generated by e-Sensibility's billing software. Services renew automatically each month on a date that coincides with the date of original signup (hereafter referred to as Billing Cycle) until either one of e-Sensibility or Customer notify the other party of an intent to cancel Services. Upon such time that a cancellation notice is furnished by either party, the Services will cease to be rendered by e-Sensibility at the beginning of the next Billing Cycle.

3. Payment:

Services are provided by e-Sensibility contingent upon e-Sensibility's continued receipt of payment for all stated charges. Subsequent payments are to be furnished by Customer to e-Sensibility at the beginning of each Billing Cycle. Should Customer fail to pay e-Sensibility, e-Sensibility may, at its sole discretion, terminate, suspend or otherwise interrupt Customer's Service with or without prior notification after the Customer's balance has been overdue for 5 days.

4. Bandwidth:

e-Sensibility measures, or polls, both Customer's incoming and outgoing traffic every five minutes and calculates bandwidth by the 95th percentile rule in order to determine Customer's bandwidth usage for that given Billing Cycle. Bandwidth is not in any way transferable between Billing Cycles.

Should Customer exceed Customer's bandwidth allotment for any given billing cycle, Customer will be asked to either upgrade to a larger plan and pay the difference, or pay an overage fee of $0.50 (fifty cents) per GB transferred in excess of Customer's bandwidth allotment. e-Sensibility reserves the right to suspend, terminate or otherwise interrupt Customer's Service with or without prior notification should Customer's amount of transfer greatly exceed the acceptable amount of transfer as specified in Customer's Service Plan, or if Customer's usage patterns seem unreasonable (e.g. 100mb/s for an hour). e-Sensibility, in its sole and absolute discretion, reserves the right to define how much excessive transfer is “greatly in excess of” Customer's Service Plan, and what usage patterns are unreasonable, regardless of a specific situation's resemblance to the example scenario(s) outlined herein.

Customers who exceed their bandwidth allotment are no longer eligible for e-Sensibility's 30 Day Money Back Guarantee, and, even in the event of cancellation, are responsible for all overage fees assessed as per the guidelines specified above.

5. Resource Utilization:

Customers on [VPS] plans must maintain a daily average virtual CPU load of 25% or less. Customers who have purchased dedicated [VDS] plans must maintain a daily average virtual CPU load of 50% or less.

Customers may not host an excessive amount of small files in their environment (e.g. 10 million 1 kilobyte files). e-Sensibility reserves the right to define “excessive,” and may make this determination regardless of a particular situation's resemblance to the example mentioned above.

6. Backups:

Customer acknowledges that e-Sensibility provides dedicated backup space with each Service on a best-effort basis, and that e-Sensibility is under no obligation to refund or credit Customer as a result of lack of availability or integrity of Customer's backups. Customer also acknowledges that it is Customer's responsibility to either open a support ticket specifying how backups should be configured, or to configure backups without the assistance of e-Sensibility staff.

7. Support:

Customer acknowledges that the only official support channel by which Customer may reach e-Sensibility for technical assistance is e-Sensibility's client portal located at https://client.e-sensibility.com/whmcs

8. Modifications to this Agreement:

e-Sensibility may update this Agreement from time to time. It is the sole responsibility of Customer to check this page periodically. Changes made to this Agreement will be effective immediately.

9. Damages:

Customer is aware that the service provided is inherently subject to many factors other than the competence of e-Sensibility, and that as such damages are difficult to ascertain. Therefore, Customer does not hold e-Sensibility liable for any damages caused due to circumstances outside the control of e-Sensibility. Customer also acknowledges that e-Sensibility shall in no event, due to its own negligence or otherwise, be liable for more than an account credit worth twice the amount paid by Customer in the Billing Cycle in which Customer was affected. In no event shall e-Sensibility be liable for special or consequential damages, loss or injury.

10. Disclaimer of Warranties:

You expressly agree that use of the Service is solely at your risk. The Service is provided on an "as is" basis. e-Sensibility expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. e-Sensibility makes no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely or error free, nor does e-Sensibility make any warranty as to the results that may be obtained from the use of the Service or the accuracy of any other information obtained through the Service or that defects in the software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained (including software) through the use of the Service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by Customer from e-Sensibility or through the Service shall create any warranty not expressly made herein.

11. Force Majeure

Customer acknowledges that e-Sensibility is not responsible for damages incurred due to war, strike, fire, famine, large failures in the power grid, systemic failures of the internet, or any other catastrophic event for which preparations are not generally made in the web-hosting industry.

12. Severability:

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

Acceptable Use:

Services provided by e-Sensibility must be used in compliance with the laws of the United States Federal Government and any applicable state, local and international laws or treaties that apply to either e-Sensibility or Customer.

Services provided by e-Sensibility may not be used to transmit or facilitate the transmission of content that is excessively violent, threatens violence, promotes or constitutes hate speech, or otherwise would violate accepted internet norms for conduct and content. e-Sensibility reserves the absolute and exclusive right to determine what content is in violation of the principles outlined above. Customer is encouraged to contact e-Sensibility prior to purchasing Services if Customer is concerned that Customer's content may be in violation of e-Sensibility's policies.

e-Sensibility's Services may NOT be used to host or link to copyrighted materials for which Customer does not have distribution rights, IRC clients, IRC servers or IRC daemons, public VPN's or Proxies, High Yield Investment Programs, ponzy/pyramid Schemes or illegal gambling services.

Bulk Commerical Email:

Customer must obtain the consent of e-Sensibility before utilizing e-Sensibility's Services for opt-in bulk commercial email distribution. All bulk commercial email distribution must be in compliance with the CAN SPAM Act and all other applicable legislation. You must retain evidence that your subscribers have opted in to your service.

Unsolicited Bulk Commercial Email:

Unsolicited bulk commercial email distribution will not be tolerated under any circumstances and is grounds for immediate account suspension/termination without refund.

Email Forgery:

All email resulting from Customer's environment must be accurately represented. Any attempt to relay or transport mail as a sender, host or domain other than the actual sender, host or domain is strictly prohibited. Any attempt at email forgery is grounds for immediate account suspension and/or termination without refund.

Security:

No attempts may be made to probe, test, search for or exploit vulnerabilities in any networked device, application, software or service on any e-Sensibility platform or network. e-Sensibility's Service may not be used to probe, test, search for or exploit vulnerabilities in external devices, applications, software or services.