This Membership Agreement ("Agreement") is made and effective this ______________________(date) by

and between EZ-PC Services Inc., 140 Woodland Street, Tenafly, N.J. 07670 ( DBA Local201.com) and________________________________________(“member”).

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:

  1. Engagement. The Member is signing up for a (Membership Plan): ___________________________________

Commencing on: _____________________ And Terminating On:_________________________

  1. Compensation.

A. Local201.com shall receive an amount equal to:  ______________________________________________

B.  Payment terms: ___________________________________________________________________________

C. Memberships which include hosting plans are subject to the following payment terms. Monthly hosting payments are due by 1st of the month. 5 days late will result in termination of your account. Annual hosting is due prior to the commencement of the hosting start date. Annual accounts that have unpaid invoices more than 15 days past the renewal date will be suspended without notice until the account is brought current.  Local201.com reserves the right to terminate the account and delete the files. Local201.com reserves the right to apply a 15.00 reconnection fee to all suspended accounts.  Suspension does NOT release client of the responsibility for payment of the account and monies due.

D. Any invoiced amounts shall be submitted in an itemized format and shall be paid by member within thirty (30) days of the invoice date. A late fee of 0.5% will be assessed on the monthly balances due. A $20 service charge will be assessed for checks returned due to insufficient funds. It is agreed that any collection expenses or legal fees incurred in collecting this account shall be paid by the Advertiser.

E. Renewal, in order to insure uninterrupted service to your membership, the service contract will automatically renew unless cancelled by the member site owner. Cancellation must be received by Local201.com via email at least two weeks prior to the date of renewal. Local201.com will acknowledge the cancellation notice within 48 hours of receipt. If you do not receive acknowledgement, please contact a representative as soon as possible.

  1. Terms of use. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional service(s) or to cancel your Local201.com service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by Local201.com under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement listed on the back of this contract and any pertinent rules or policies that are or may be published by us.

    By: _________________________________________ [Member]__________________________[Title]

      ___________________________________________________________________[Member's Address]

  By: _____________________________________ [Representative Local201.com]

This Agreement shall be construed and enforced in accordance with the laws of the state of New Jersey.

  

  1. Modifications to your account. In order to change any of your account information which cannot be changed via your control panel you must notify us in writing. Please safeguard your Account Identifier and Passwords from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password

5.     Limited Liability Member expressly agrees that use of Local201.com’s Server is at Member's sole risk. Neither Local201.com, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Local201.com's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Local201.com Server service, unless otherwise expressly stated in this Agreement.

·          Under no circumstances, including negligence, shall Local201.com, its offices, agents or any one else involved in creating, producing or distributing Local201.com's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Local201.com Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Local201.com's records, programs or services. Member hereby acknowledges that this paragraph shall apply to all content on Local201.com's Server service.

·          Notwithstanding the above, Member's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Member paid during the term of this Agreement and any reasonable attorney's fee and court costs.

·          WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Local201.com can make no guarantees that any given reader shall be able to access Local201.com's server at any given time.

 

  1. Domain Names. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.

7.     Trademarks & Copyrights Member warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service

  1. Multiple Website Hosting and Bandwidth. Local201.com has a strict policy of one website per account. If more than one website is being hosted under an account, Local201.com reserves the right to charge accordingly for each separate site as a separate account. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month allotted to the type of membership plan ordered by the member on this Order Form. Local201.com will monitor Member's bandwidth and disk usage. Local201.com shall have the right to take corrective action if Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Local201.com’s sole and absolute discretion. If Loca201.com takes any corrective action under this section, Member shall not be entitled to a refund of any fees paid in advance prior to such action.
  2. Acceptable Use Policy. Local201.com reserves the right to refuse service to any site at our sole discretion. Although we do not believe in censorship, Local201.com does not allow the following types of sites:

·          Websites containing pornographic material.

·          Racist or hate-related websites

·          “Warez” sites, including but not limited to any copyrighted software or music files.

·          Sites which provide methods for circumventing copy protection (“cracks”, keycodes, serial numbers, decoder chips, etc…) are also not permitted.

·          Any other content which is not legal in the United States.

Unsolicited Email (SPAM) and Bulk Email - Local201.com will not host websites which are advertised through unsolicited email, excessive newsgroup cross-posting, or off-topic newsgroup posts. What is considered spam is determined at the sole discretion of Local201.com Sites in violation of this policy will be shutdown without refund of any kind. In addition, any Bulk Emailing that adversely affects the performance of our shared mail servers will be either discontinued or moved to one of our List Server Plans, depending on the exact volume of messages being sent.