eDesign and Hosting, Inc. began March 6, 2001. We became incorporated in the state of West Virginia on October 9, 2002.

1. All opinions and views expressed at the web sites belong to the respective owners and are NOT supported by eDesign and Hosting, Inc.

2. eDesign and Hosting, Inc. will not tolerate any form of SPAM or distributing software that promotes spam. Any software that cloaks or changes the headers in the e-mail message is considered spam software. Your domain package will be immediately terminated if such activities are promoted.

3. Please be advised that you can be held legally liable for the content of your web site pages and may be held legally accountable if your web site pages include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the permission of the owner.

4. By using eDesign and Hosting, Inc. domain name registration and/or hosting, you agree to indemnify and hold harmless eDesign and Hosting, Inc. for any loss (including advance financial payments), liability, claim, damage, attorneys fees and other expenses arising from or in connection with the contents of your web site pages.

5. EDESIGN AND HOSTING, INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH EDESIGN AND HOSTING, INC. WEBPAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY, EVEN IF EDESIGN AND HOSTING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OR INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.

6. In reference to uptime, we've been hosting Web sites since 1998, starting our own business in 2001 and becoming incorporated the following year. Based on years of experience with different vendors, we recognize that downtime happens. If your Web site goes down, immediately call us at 304-529-3808, and e-mail us. Understand that the cause of downtime may not be a server issue, but transmission hops between the server and you, an expired domain name or other causes. Regardless, call and e-mail us.

7. Except for planned server maintenance, eDesign and Hosting, Inc. will give a pro-rated credit, up to 50% of the monthly hosting fee, for server downtime. The credit will be deducted from your next invoice. If your hosting service is not renewed, then we will extend your hosting service the amount of time equal to the credit. The following conditions must be met:

a. Credit will only be issued from the time you notify us at 304-529-3808, and e-mail us.
b. Our server vendor must have had 100% packet loss to their backbone provider.
c. The server must be down 72 consecutive hours or more from the time you notify us.

8. YOU ARE RESPONSIBLE FOR BACKING UP ANYTHING YOU PLACE ON OUR SERVERS, INCLUDING TEMPORARILY STORED POP3 E-MAIL. Web sites can be backed up through FTP. (Smaller web sites can be backed up through the online File Manager.) Follow the instructions in an e-mail client, such as Outlook, Outlook Express, etcetera on how to download your e-mail to your own storage media. Highlight, copy and paste e-mail addresses from address books and mailing lists to your own storage media. Make notes or screen shots of any choices, configurations, settings, etcetera. Also, keep copies of CGI scripts, Mailing Lists, etcetera. After making backups, make copies of your backups and keep them in a safe place. Web sites that we design for our customers are backed up and kept off premise in a safe deposit box. We also use an automatic online backup service.

9. You are responsible to store your user name and password or user names and passwords in a safe place. Refer back to item 5 above if an unauthorized person uses your user name and password or user names and passwords. In the event a hacker gets into our server or servers, refer back to items 4, 5, 6 and 7 above.

10. eDesign and Hosting, Inc. domain name registration and/or web site hosting service is moderated, meaning all web site domain names registered through us and hosting is pending approval. You must be 18 years old or older. For younger children, parental permission is required.

11. Parents, please consult a specialist about possible threats for your young children, before giving them permission to get involved in Internet activities.

12. eDesign and Hosting, Inc. moderates all Web site hosting sign-ups, meaning all web site hosting is pending approval. We reserve the right to accept or decline any domain name registration request and, or Web site hosting request, for any reason at any time, without explanation. WE HAVE ZERO TOLERANCE FOR ADULT CONTENT AND/OR OCCULT WEBSITES (GRAPHICS, IMAGES, PHOTOS AND/OR TEXT), ADULT AND/OR OCCULT CONTENT LINKS OR USING OUR E-MAIL SYSTEM TO ADVERTISE ADULT AND/OR OCCULT CONTENT. Do not drive traffic to your Web site from any site with adult content, adult links, occult content or occult links. The following use of your eDesign and Hosting, Inc. domain name registration and/or hosting of web site pages is NOT allowed:

- Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts, etc.
- Material that exploits children under 18 years of age;
- Displaying material containing nudity or pornographic material (graphics, images, photos and/or text) of any kind;
- Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
- Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
- Defaming any person or group;
- Violating Internet standards for the purpose of promoting your home page;
- Conducting raffles or contests that require any type of entry fee;
- Developing pages that consist of hyperlinks to content not allowed by eDesign and Hosting, Inc.
- Gathering personally identifiable information for commercial or unlawful purposes.

13. eDesign and Hosting, Inc. provides plan allocations. Typically, customers beginning their first Web site start with our entry level Silver plan. Customers coming to us with an already existing, and thus larger site, usually choose our expanded Gold plan. Power users who want still more storage space, bandwidth and all of our hosting features, choose our Platinum plan. While we do not provide unlimited hosting resources, within reason, we do allow Platinum plan customers to exceed their storage and bandwidth limits. In the event even greater resources are needed, then we will be glad to customize a plan to your specific needs.

14. eDesign and Hosting, Inc. will furnish POP3 e-mail accounts (YourName@YourDomain.com) according to our hosting plans. We are often asked how many e-mail accounts you may have. We aren't going to say unlimited, but to date we've always been able to provide as many as needed. If you want to store e-mail online indefinitely or for long periods of time, then we ask that you forward your e-mail to an online e-mail service. However, if you are only going to briefly and temporarily store your e-mail on our server, then you are welcome to use our POP3 e-mail accounts.

Please let us express a word about e-mail you originate through our server. We ask that you show the same courtesy through e-mail that you would show a guest in your own apartment, home or office. Please avoid being rude, obscene, or just plain obnoxious. Adult content won't be tolerated and would be reason for termination of your account. Simply stated, write your e-mails so that you would never be embarrassed if the recipient were to share what you wrote, or attached, with someone else.

15. eDesign and Hosting, Inc. DOES NOT install any advertising banners or pop up windows on your site, however you do agree to receive update or advertising e-mail from eDesign and Hosting, Inc. (We do not make your e-mail address available to third parties.)

16. eDesign and Hosting, Inc. moderates all Web site hosting sign-ups, meaning all web site hosting is pending approval. All customers are by invitation only.

17. eDesign and Hosting, Inc. is NOT a judge. We advise both parties in a dispute about any web site content to resolve the matter between them and/or with the respective authorities.

18. eDesign and Hosting, Inc. will provide, within reason, free technical support concerning the eDesign and Hosting, Inc. system and its components.

19. At eDesign and Hosting, Inc. we reserve the right to close any web site at our sole discretion, with a 7 day notice to the e-mail address provided at sign-up and/or in the Contact Info of your Control Panel. No notice will be given if the web site is closed for breach of the terms and conditions listed here. In an emergency situation or a situation beyond our control, we reserve the right to close any or all web sites at our sole discretion for any reason without notice.

20. eDesign and Hosting, Inc. shall not be liable under any circumstances for any loss you incur due to what is typically termed "Acts of God" (unforeseen and uncontrollable natural disasters, such as earthquakes, hurricanes, tornados, severe storms, fire, flood, the death of either or both owners, etcetera). Likewise, we shall not be liable under any circumstances for any loss you incur due to any civil unrest (anarchy, riots, etcetera) or "Acts of War," declared or undeclared. "Any loss" is all inclusive, including CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, your web site that we designed, you designed, your domain name, anything you place on our servers, or in our trust, including advance financial payments. Ultimately, you are responsible for your own backups, even if we designed your web site. You are also ultimately responsible for your own domain name registrations and renewals, even if you secured your domain name through us. If you need assistance with backups, domain name registrations and renewals or anything else to do with our services, contact us by e-mail and call 304-529-3808.

21. At eDesign and Hosting, Inc. we reserve the right to amend this document from time to time without notice. You may review this agreement at any time by going to the http://www.edhinc.com/terms/ web site page.

22. Please report by e-mail or phone (304-529-3808) to eDesign and Hosting, Inc. any abuse or non-compliance with the rules listed here.

23. At eDesign and Hosting, Inc. we reserve the right to change any of our domain name registration rates and hosting plans at any time without notice. We are an authorized reseller for Bulk Register. They do not give us any refunds on domain name registrations. Therefore we can not issue refunds on domain names. Also, failure to renew a domain name means that Bulk Register, at their sole discretion, may ultimately auction off your expired domain name to whoever wants to buy it, and that they may use the expired domain name for any purpose, regardless of whether you agree with how they use the domain name, or not. (Our domain name registration rates are published here.)

You agree that failure to pay according to billing for a domain name will result in your Web site being unavailable, even though we are still hosting the Web site. Failure to pay according to billing for Web site hosting may result in the suspension of your Web site, and at our discretion, cancellation of your Web site hosting. (We are not responsible for any loss of data. As previously stated, you are responsible for your own backups.) Whether your Web site is down due to failure to renew your domain name, or because we've suspended it for a lack of paying your Web site hosting fee, there are no refunds so long as your Web site remains on our servers. In the event your Web site hosting is cancelled by either party, there are no refunds for the current month. Also, there are no refunds for setup fees.

Our goal is to fine tune our hosting plans to make them the best we can for our customers. For example, since becoming incorporated October 9, 2002 in the State of West Virginia, we have repeatedly increased our server space and monthly transfer (bandwidth) while maintaining our original pricing. Our current hosting plans with rates, as published here, supersedes any other published plans, settings or verbal conversations. Our goal is to improve, but we also reserve the right to make adjustments as needed to stay in business.

24. For those who have us design your Web site, realize that integrity is foundational to our business. Therefore, please be sure to maintain that integrity in what you request we publish to your Web site. We will not knowingly publish Web site content that is not true. Thank you for your understanding.

25. Any customer paying less than the initial design rate, or monthly update rate we consider appropriate for the requested work, will have their work done on an "as time permits" basis, instead of an agreed upon schedule. (This typically occurs as our rates increase over the years, and long term customers remain at the older rates.) A concert schedule, for example, will be published to the Internet based on how soon or distant the event, and our available time. Other updates, such as design changes or special projects, will be done "as time permits" and in consideration of how much time is involved to do the work requested. Again, unless paid what we request, only basic Web site design and updates will be done, not the more complex things like long audio segments, layered graphics with gradients, photos, slide shows, video, etcetera. Also, customers who have us design their Web site, but don't go on a monthly update plan, but only periodically want an update, will need to wait until monthly customers are serviced.

Should your work need a higher priority with a target date and a weekly or monthly schedule, then a minimum of $1,000 for a new Web site or a Web site redesign, and $125 per month or more for updates, will be required. (There will not be any time guarantees, though we typically stay reasonably close to target dates and agreed upon schedules.) If we do long audio segments, more than a few pictures, and video preparation, then that will also be considered in our agreed upon monthly rate, or rate adjustments.

Finally, today's snapshot digital cameras often produce pictures that need brightening, cropping, red eye correction, straightening, touch up, etcetera. This is where we can spend excessive time in the digital dark room, making pictures look their best. Also, with today's digital cameras, it is easy to take lots and lots of pictures, since we don't have to buy film and pay for developing. However, all pictures must be reduced from full screen size to a portion of the space provided on the Web site. Also, pictures must be optimized so as to reduce the original huge file size that "takes forever" to download, to a small file size that soon appears on the Web site. Sometimes pictures at least need to be brightened, cropped and sharpened to be Internet ready. Since pictures can be quite time consuming, we must gauge the quantity of pictures, and the time spent making them look good, by the amount you pay us.

Simply stated, we don't charge by the hour, because we don't want to limit creativity. Yet, within reason, we must gauge our time and skills investment, by consideration of our customer's financial investment.

26. Sunday is the Lord's day and therefore eDesign and Hosting, Inc. honors that day of rest. We do check our voice mail and e-mail on Sunday. However, unless it is urgent, we wait until the next working day to reply. Thank you for your understanding.

27. By using, installing or accessing the eDesign and Hosting, Inc. web site, the services and certain products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to abide by these terms or the policies, all services will be discontinued, activation of the account will cease and your account terminated.

28. We are here to serve your domain name registration, Web site design and hosting needs in accordance with the above conditions, and to establish a long term working relationship with you. Should you have any questions or concerns, feel free to call us.

29. These terms and conditions were last updated on Friday, November 20, 2009. You are responsible to review these terms and conditions anytime your billing shows a new update date on it.

eDesign and Hosting, Inc. , P. O. Box 624, Huntington, WV 25711-0624 | 304-529-3808