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Terms of Service Agreement

El Valle Consulting, LLC. TERMS OF SERVICE AGREEMENT (the Agreement).

For purposes of the following paragraphs, "Services" is defined as any service provided by El Valle Consulting, LLC. (EVC) on behalf of Client.

The term "Client" above and below refers to the person or organization that is contracting with EVC for Services.


1. APPROPRIATE USE OF THE SERVICES.

Client agrees to the terms of EVC's Acceptable Use Policy (AUP).

EVC shall be entitled to immediately terminate this Agreement if EVC determines that Client's use of Services is in violation of any portion of EVC's AUP.

2. PAYMENT OBLIGATIONS

All services provided by EVC are due and payable in advance. EVC accepts VISA, MasterCard, Novus (Discover), American Express credit cards processed through PayPal, and checks that clear before services are rendered. All amounts are in United States currency.

If Client has chosen to pay via credit card, the credit card will be automatically debited. If the card declines for any reason, Client is required to provide EVC with alternative credit card information no later than 5 days after being contacted by EVC Failure to provide alternative credit card information in a timely manner will result in account suspension.

On Client's renewal date of Services, the credit card on file for Client will be charged. If the credit card is declined Client will need to update Client's credit card information on file. If Client has not paid within 6 days, EVC will turn off service to Client's account. After 30 days of non-payment EVC will delete Client's account and website from EVC's servers.

If Client remits payment to EVC via bank check, any invoices Client receive's is due upon receipt. Should Client's account become delinquent, EVC may at any time solely at EVC's discretion convert Client's account to credit card payment only. Any invoiced amounts that are more than 6 days past due will cause the related Services to be suspended and such suspended Services shall be subject to reconnection fees and late fees.

If Client chooses to register a domain name(s) through EVC; the client acknowledges and agrees that Client will pay registration fee(s) to register the domain name(s) with the applicable domain name registrar. EVC does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to EVC and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind. Client will be responsible for service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has prepaid for the entire term (6 months, 12 months, or 24 months), no refund will be given for remaining unused months.

If Client's account is suspended for non-payment, Client will have to pay any balance due plus a $75 reconnection fee in order to restore service.

Should EVC be required to retain professional services in direct relation to client's site (such as law enforcement / IRS / legal actions), Client shall be responsible for all third party expenses, in addition to administrative fees incurred by EVC

Billing disputes must be made in writing within 30 days of the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy payment receipts are supplied via e-mail on the recurring billing date. It is the Client's responsibility to verify that invoiced amounts are appropriate and submit any disputes immediately. Client can see the details of all of Client's invoices by logging into EVC's Internet based billing system.

EVC shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to EVC

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall EVC be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless EVC from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION, REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date Client register's for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must: (1) provide EVC with their HELM username, if any, and the domain name to cancel; (2) first four and last four digits of the credit card on file; and (3), the reason for cancellation. All cancellation requests must be received one business day before the end of the Service's scheduled date. Sections 3 through 9 shall survive termination or expiration of this Agreement.

EVC provides a full 30 day satisfaction guarantee for all Hosting Services. If Client should be unhappy with any Hosting Service within 30 days of initial registration for such service, a full refund will be issued within 72 hours of receipt by EVC of Client's notification, minus any Acceptable Use Policy violations and overages.

5. TAXES

Client will pay and indemnify and hold EVC harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE EVC WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE EVC WEBSITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. EVC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT: (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4), THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT TO PROTECT CLIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL EVC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE EVC SITE OR ANY EVC PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL EVC CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100.00 IN UNITED STATES CURRENCY).

8. LAWFUL PURPOSE

EVC reserves the right to refuse service to anyone. Customers may only use EVC servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of EVC regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in San Miguel County, New Mexico, USA and any dispute will be litigated or arbitrated in San Miguel County, New Mexico, USA. Clients further waive all objections to venue and acknowledge that venue in any such litigation will be held in San Miguel County, New Mexico, USA courts.

9. DATA LOSS

EVC is not responsible for any data loss. Clients are strongly encouraged to and are responsible for keeping local backup files of all Client data/information/files stored on EVC's servers. Any backup services provided by EVC are at EVC's discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.

10. MISCELLANEOUS

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including Exhibits, Attachments and/or Addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by EVC Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and EVC's policies are subject to change by EVC without notice. Continued usage of the Services after a change to this Agreement by EVC or after a new policy is implemented and posted on the EVC website constitutes Client's acceptance of such change or policy. EVC encourage Client to regularly check the EVC website for any changes or additions to this Agreement

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