Terms of Service

Terms of service

This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Subscriber”, and EREDITÀ DIGITAL.

All Payments to EREDITÀ DIGITAL Are Non-Refundable


Illegal Activities

Using EREDITADIGITAL.COM’s services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by email, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in EREDITADIGITAL.COM’s sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of EREDITADIGITAL.COM’s services.


Provision Of Service

Acceptance of this TOS Agreement and Acceptance of EREDITADIGITAL.COM’s Acceptable Use Policy: EREDITADIGITAL.COM’s provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to, EREDITADIGITAL.COM’s Acceptable Use Policy (“EREDITADIGITAL.COM’s AUP”) — which is herewith made a part of this TOS Agreement. This TOS Agreement, including EREDITADIGITAL.COM’s AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties. *Verification; All order are subject to additional verification but not limited to; Telephone voice conformation, additional business email addresses, website, and additional payment methods such as bank or paypal account. EREDITADIGITAL.COM reserves the Right to decline any order what so ever and payment will be refunded in a timely manner.


Cancellation Of Service

EREDITADIGITAL.COM reserves the right to cancel this TOS Agreement and to permanently disconnect the service that EREDITADIGITAL.COM provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that EREDITADIGITAL.COM provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://ereditadigital/support at least fourteen (14) days prior to Subscriber’s next monthly billing date. EREDITADIGITAL.COM will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that EREDITADIGITAL.COM has timely received notice of requested cancellation.


Disconnection Of Service

Not by way of limitation of EREDITADIGITAL.COM’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that EREDITADIGITAL.COM provides to Subscriber, EREDITADIGITAL.COM also reserves the right to temporarily disconnect (suspend) the service that EREDITADIGITAL.COM provides to Subscriber (or any one of them, if Subscriber has more than one account or server): For Subscriber’s failure to timely pay any fee or amount due to EREDITADIGITAL.COM, in which case EREDITADIGITAL.COM will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that EREDITADIGITAL.COM provides to Subscriber may be terminated if payment is not made within 24 hours; and/or appropriately cure said violation. If, in EREDITADIGITAL.COM’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that EREDITADIGITAL.COM provides to Subscriber may be terminated, without notice to Subscriber, until EREDITADIGITAL.COM’s investigation is complete, which investigation EREDITADIGITAL.COM shall attempt to complete within a reasonable time period. Subscriber will not be credited, under any circumstances, for any time that the service that EREDITADIGITAL.COM provides to Subscriber is suspended, interrupted or terminated.


EREDITADIGITAL.COM Not Obligated To Review Activities Or Notify Of Violations

EREDITADIGITAL.COM is under no obligation to review Subscriber’s and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes EREDITADIGITAL.COM’s AUP) has occurred. Further, EREDITADIGITAL.COM does not assume any responsibility by virtue of this TOS Agreement (which includes EREDITADIGITAL.COM’s AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.


Amendment

EREDITADIGITAL.COM reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including EREDITADIGITAL.COM’s AUP). EREDITADIGITAL.COM will provide notice of such amendment(s) by posting such amendment(s) on EREDITADIGITAL.COM’s website at https://www.ereditadigital.com/news.html and Subscriber’s use of EREDITADIGITAL.COM’s services after EREDITADIGITAL.COM posts such amendment(s) on its website shall constitute Subscriber’s acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber’s early cancellation of this TOS Agreement or the service, nor grounds for Subscriber’s non-payment for the service that EREDITADIGITAL.COM provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by EREDITADIGITAL.COM to Subscriber thereafter. It is Subscriber’s responsibility to review, from time to time, this TOS Agreement (including EREDITADIGITAL.COM’s AUP), as published on EREDITADIGITAL.COM’s website, for any amendment(s).


Assignment

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of EREDITADIGITAL.COM. EREDITADIGITAL.COM may transfer and assign this TOS Agreement, the Service and all of EREDITADIGITAL.COM’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.


Waiver

Waiver by EREDITADIGITAL.COM of Subscriber’s breach of any term or condition of this TOS Agreement (including EREDITADIGITAL.COM’s AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including EREDITADIGITAL.COM’s AUP).


Compliance With Law

Inasmuch as the service that EREDITADIGITAL.COM provides to Subscriber is controlled and operated by EREDITADIGITAL.COM from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that EREDITADIGITAL.COM provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that EREDITADIGITAL.COM provides to Subscriber.


Choice Of Law / Jurisdiction / Venue / Statute Of Limitations

This TOS Agreement shall be construed in all respects in accordance with the laws of the state of New York applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using EREDITADIGITAL.COM’s services hereunder, Subscriber submits to jurisdiction and venue in the courts of New York, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that EREDITADIGITAL.COM provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Responsibilities

Subscriber Shall Defend and Indemnify EREDITADIGITAL.COM: Subscriber shall fully defend, indemnify, pay and hold harmless EREDITADIGITAL.COM and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such EREDITADIGITAL.COM related parties collectively referred to under this Section 10.A. as “EREDITADIGITAL.COM-related party”) for any Subscriber violation(s) of this TOS Agreement (which includes EREDITADIGITAL.COM’s AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to EREDITADIGITAL.COM or an EREDITADIGITAL.COM-related party, or in any claim made or threatened against EREDITADIGITAL.COM or an EREDITADIGITAL.COM-related party by any third-party. If EREDITADIGITAL.COM or an EREDITADIGITAL.COM-related party is sued (or if a suit is threatened against EREDITADIGITAL.COM or an EREDITADIGITAL.COM-related party) because of Subscriber’s or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against EREDITADIGITAL.COM and any EREDITADIGITAL.COM-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of EREDITADIGITAL.COM’s and any EREDITADIGITAL.COM-related party’s expenses and costs (including EREDITADIGITAL.COM’s and any EREDITADIGITAL.COM-related party’s reasonable attorneys’ fees) related thereto; EREDITADIGITAL.COM Not Liable : The service that EREDITADIGITAL.COM provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall EREDITADIGITAL.COM or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to: Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that EREDITADIGITAL.COM provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber’s account; or Any third party conduct or other matter relating to the service; Content Responsibility : EREDITADIGITAL.COM takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at EREDITADIGITAL.COM’s premises and/or using the service that EREDITADIGITAL.COM provides to Subscriber; Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including EREDITADIGITAL.COM’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users; Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and EREDITADIGITAL.COM shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that EREDITADIGITAL.COM provides to Subscriber; Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: EREDITADIGITAL.COM is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at EREDITADIGITAL.COM’s premises and/or to the service that EREDITADIGITAL.COM provides to Subscriber. Any server computer owned by Subscriber on EREDITADIGITAL.COM’s premises or otherwise under EREDITADIGITAL.COM’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, EREDITADIGITAL.COM will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, EREDITADIGITAL.COM will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.; Subscriber’s Responsibility To Insure: EREDITADIGITAL.COM is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and EREDITADIGITAL.COM is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in EREDITADIGITAL.COM’s possession or control or otherwise; Taxes: All prices and fees specified in or referred to in this TOS are stated exclusive of any tax, including withholding tax, sales, state. local, city, use, value added, levies, import and custom duties, excise or other similar or equivalent taxes imposed on the supply of services. Any taxes, sales, state, local, city use, levies, excise, withholding taxes or similar charges, direct or indirect, applicable or to become applicable, which are levied as a result of the supply of the services shall be borne by the Customer.


Subscriber Contact Information, Updates & ID

Subscriber shall, at https://cloud.EREDITADIGITAL.COM, provide EREDITADIGITAL.COM with, and shall update EREDITADIGITAL.COM immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that EREDITADIGITAL.COM may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to EREDITADIGITAL.COM prior to Subscriber’s preliminary visit, if any, to EREDITADIGITAL.COM’s data center.


Age/ Legal Authority

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that EREDITADIGITAL.COM provides to Subscriber, and Subscriber herewith assures EREDITADIGITAL.COM that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures EREDITADIGITAL.COM that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service EREDITADIGITAL.COM provides to Subscriber.


Payment Information

Service Rates: The nature of the service that EREDITADIGITAL.COM provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by EREDITADIGITAL.COM. EREDITADIGITAL.COM may amend its rates and fees from time to time, at EREDITADIGITAL.COM’s discretion, by posting said change(s) on EREDITADIGITAL.COM’s News portal, which rate change shall become effective as outlined in said posting; Payment: EREDITADIGITAL.COM may charge Subscriber a one-time, pre-agreed set-up fee before EREDITADIGITAL.COM establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for EREDITADIGITAL.COM’s continued provision of the service that EREDITADIGITAL.COM provides to Subscriber. Subscriber agrees that EREDITADIGITAL.COM may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that EREDITADIGITAL.COM receives payment on or before the due date; Invoicing: EREDITADIGITAL.COM does not send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice. Refunds and Disputes: All payments made to EREDITADIGITAL.COM by Subscriber or on Subscriber’s behalf are non-refundable, including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to EREDITADIGITAL.COM within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge EREDITADIGITAL.COM deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay EREDITADIGITAL.COM, in addition to said disputed charge, an Administrative Fee of not less than $10.00 and not more than $150.00; Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, EREDITADIGITAL.COM may charge Subscriber a $15.00 administrative fee per occurrence; Additional Charges for Failure to Timely Pay: Without limiting EREDITADIGITAL.COM’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that EREDITADIGITAL.COM provides to Subscriber, should EREDITADIGITAL.COM suspend the service that EREDITADIGITAL.COM provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to EREDITADIGITAL.COM, Subscriber may be required to pay EREDITADIGITAL.COM, in addition to any fees and amounts due a $50.00 late fee. Suspension of service does not relieve Subscriber of any responsibilities. Prepay or Promotional Service: At any time EREDITADIGITAL.COM may give 30 day notice of cancellation and refund the prorated portion of the remaining term.


Service And Support

Support & Support Boundaries: Within EREDITADIGITAL.COM’s field of service and ability, EREDITADIGITAL.COM offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at EREDITADIGITAL.COM.s facility is(are) unmanaged, and EREDITADIGITAL.COM offers only that the service provided by EREDITADIGITAL.COM to Subscriber’s server computer(s) is online and remotely accessible. EREDITADIGITAL.COM does not offer technical support for application-specific issues, and EREDITADIGITAL.COM shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact EREDITADIGITAL.COM by opening a help ticket with the support desk for technical assistance at http://cloud.EREDITADIGITAL.COM and it’s the Subscriber’s responsibility to ensure his / her request has been delivered to EREDITADIGITAL.COM staff within the CRM system. Service Faults / No EREDITADIGITAL.COM Liability / No Warranty: EREDITADIGITAL.COM does not guarantee that the service that EREDITADIGITAL.COM provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, EREDITADIGITAL.COM’s limitation of liability under Section 10.B. above, in no case shall EREDITADIGITAL.COM or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following: Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that EREDITADIGITAL.COM provides to, or is to provide to, Subscriber, Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data, The cost to procure any substitute service, Any unauthorized access or use of Subscriber’s account or Any third-party conduct or other matter relating to the service. EREDITADIGITAL.COM AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO EREDITADIGITAL.COM, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT EREDITADIGITAL.COM PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;


Unauthorized Use Of Account

Subscriber shall not reveal Subscriber’s account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber’s account, Subscriber shall not use anyone else’s account, and Subscriber shall immediately notify EREDITADIGITAL.COM of any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and EREDITADIGITAL.COM shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that EREDITADIGITAL.COM provides to Subscriber.


Disclosure Of Subscriber’s Information To Law Enforcement And To Third Parties

Subscriber herewith acknowledges and agrees that the EREDITADIGITAL.COM may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be required by ARIN policies from time to time, Subscriber hereby acknowledges that EREDITADIGITAL.COM will provide the Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber) to WHOIS directory. On request of Subscriber that is a residential customer EREDITADIGITAL.COM will substitute Subscribers’ name with EREDITADIGITAL.COM’s name and withhold Subscriber’s street address. EREDITADIGITAL.COM shall apply the terms of this section to any/all of Subscriber’s Sub-Users, and Subscriber shall notify all of Subscriber’s Sub-Users of these terms.


SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE)

DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that EREDITADIGITAL.COM provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to: EREDITADIGITAL.COM reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if EREDITADIGITAL.COM determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber’s network or on a Subscriber’s Sub-User’s network, or if DOS attacks are originating from Subscriber’s network); Subscriber will pay “Research Fees” of $175.00 per hour to compensate EREDITADIGITAL.COM for employee time spent investigating Subscriber’s violation. EREDITADIGITAL.COM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation; First violations of EREDITADIGITAL.COM’s SPAM/ UCE/ UBE policy will result in an “Administrative Fee” of $250.00; a second violation will result in an “Administrative Fee” of $500.00, and immediate cancellation of Subscriber’s service; and EREDITADIGITAL.COM may notify law enforcement officials if the violation is believed to be a criminal offense; EREDITADIGITAL.COM’s remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by EREDITADIGITAL.COM with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber’s server computer supporting spammers or resulting in any of EREDITADIGITAL.COM’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow EREDITADIGITAL.COM access to its server computer(s) to confirm that all material has been COMPLETELY removed. Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.


Compliance With EREDITADIGITAL.COM’S AUP

EREDITADIGITAL.COM’s AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with EREDITADIGITAL.COM’s AUP, and to take reasonable steps to ensure that Subscriber’s Sub-Users comply with EREDITADIGITAL.COM’s AUP at all times. EREDITADIGITAL.COM’s AUP applies to Subscriber and to each/all of Subscriber’s Sub-Users and to each/all server computer, network, device and/or system under Subscriber’s control or assigned to Subscriber related to the service EREDITADIGITAL.COM provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from EREDITADIGITAL.COM’s services that violates any of the terms of EREDITADIGITAL.COM’s AUP; EREDITADIGITAL.COM reserves the right to investigate actual, suspected or alleged violations of EREDITADIGITAL.COM’s AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. EREDITADIGITAL.COM shall not be in default of this TOS Agreement if EREDITADIGITAL.COM’s investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber’s server computers; EREDITADIGITAL.COM may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber’s Sub-Users who are involved in any violation of EREDITADIGITAL.COM’s AUP. Subscriber shall assist EREDITADIGITAL.COM to comply with all laws, ordinances, regulations and rules related to the service EREDITADIGITAL.COM provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an “Investigation”). Without limiting any other right of EREDITADIGITAL.COM, EREDITADIGITAL.COM reserves the right to comply with any Investigation without notice to Subscriber; Without limiting EREDITADIGITAL.COM’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that EREDITADIGITAL.COM provides to Subscriber, EREDITADIGITAL.COM may also, in its sole discretion, take any one or more of the following remedies for a violation of EREDITADIGITAL.COM’s AUP: Disable access to Subscriber’s content that violates EREDITADIGITAL.COM’s AUP; Remove DNS records from Subscriber’s server computer(s); Block email or any other network services; Effect IP address null routing; Take direct action against Subscriber’s Sub-Users; Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of EREDITADIGITAL.COM’s AUP attributable to Subscriber. EREDITADIGITAL.COM’s remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by EREDITADIGITAL.COM with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;


EREDITADIGITAL.COM’s Remedies Cumulative / No Waiver

EREDITADIGITAL.COM’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by EREDITADIGITAL.COM with respect to any remedy shall not serve as a waiver of that or any other remedy at any time