In the event of cancellation, the unused, prorated amount of any deposit or monthly fee will be returned to the Client. Any Client found to be Spamming will have their account immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of it. Inc. Web Hosting Service, unless otherwise expressly stated in this agreement. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. Client hereby agrees to indemnify and hold harmless the Provider in any claim resulting from the submission of illegal materials.
Client maintains sole responsibility for data backups and restoration.
Client hereby acknowledges that this paragraph shall apply to all content on Provider's Web Hosting services. Notwithstanding the above, Client'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 Client paid during the term of this Agreement and any reasonable attorney's fee and court costs. The agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Web Hosting and Design Service. This agreement shall be governed and construed in accordance with the laws of the State of New Jersey. All rights reserved.