The agreement below is a legal agreement between Eggplant Media Workers' Cooperative and you. If you use any service provided by or affiliated with Eggplant Media Workers' Cooperative, you are legally bound by this agreement. Use of our services implies agreement with this contract

Any questions regarding this agreement should be sent to Eggplant prior to signing up for service.

Eggplant Media Workers' Cooperative ("Eggplant") provides information, services and programs ("Online Services") to you subject to the following User Agreement ("Agreement"), which may be amended as described below. By accessing and using the Online Services you agree to the posted Agreement.

Eggplant Services
Eggplant services currently include email, email list hosting, website hosting, domain registration, colocation, website construction and design and other services common to ISP/OSPs. These services may change from time to time and are provided AS IS. You understand and agree that Eggplant assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and your inability to access or make use of all or part of our services. Furthermore, you understand and agree that Eggplant assumes no responsibility for deletion, loss or mis-delivery of information stored or delivered through our services. Eggplant makes no warranties or guarantees as to the security of any machine or wesite operated or hosted by Eggplant, nor do we make any warranties or guarantees at all.

Means of Performance
Eggplant shall provide Client with the Eggplant hosting services, as described at eggplant.coop hereto. Eggplant has the right to control and direct the means, manner, and method by which the host services are performed.

Support
Eggplant shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement. Support beyond this level will be billable at an agreed hourly rate for service.

Other Work
Eggplant has the right to perform and license products to others during the term of this Agreement. Eggplant may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. Eggplant reserves the right to block any site hosted by Eggplant that contains any content that Eggplant deems in its sole discretion to be unacceptable or undesirable.

Your Use of Eggplant Online Services
In consideration for your use of the Eggplant Online Services you agree to the following conditions.

Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client's obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Eggplant Clients' use of Services. Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide Eggplant with accurate, complete and updated information required by the registration of the Eggplant host service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify Eggplant within thirty (30) days of any changes in Client's Registration Data.

You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit use of our Online Services, access to our Online Services or any of the content accessible through our Online Services for any commercial purposes except to use such information or content for the sole purpose of listing our service in a search engine or other service directing users to our site. You also agree not to use our Online Services to:

(a) violate any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) harass other people;
(d) harm or exploit minors;
(e) provide false or incomplete information to Eggplant or the Eggplant Online Services, or fail to promptly update information provided to Eggplant to keep it accurate;
(f) impersonate or cause others to believe that you are another person;
(g) share your password with other people or allow others to use your Eggplant Online Services account;
(h) send unsolicited advertising or other messages not related to the subject matter of the forum to which it is sent;
(i) collect personal data from Eggplant users without their express consent; and,
(j) interfere with or disrupt our Online Services, those of our users or any other person or service, including but not limited to hacking, portscanning, banner checking or other invasive investigation of machines.
(j) excessive use of our online services, including but not limited to network bandwidth, computer system resources, and domain registrations.
(k) use of Eggplant Online Services for any pupose other than those agreed

Eggplant does not claim ownership of content you upload or otherwise transmit through Eggplant Online Services. However, you grant Eggplant a world-wide, royalty-free and non-exclusive license to reproduce, distribute, modify and publish any content you upload or otherwise transmit through the Eggplant Online Services for the purpose of retransmitting that content through the Eggplant Online Services.

Advertising, Solicitation, and Email Harvesting
Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Eggplant clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the Eggplant network. Client may not use the Services to collect or "harvest" user-names of Eggplant clients or other Internet users without the expressed prior permission of the member. Eggplant reserves the right to block or filter mass email solicitations sent from sites hosted on the Eggplant network.

If you do not fulfill your obligations under this Agreement, or you solicit others to breach their agreement with Eggplant, OR FOR ANY OTHER REASON OR NO REASON, at Eggplant's sole discretion and without limiting its other remedies, Eggplant may terminate your access to part or all of our Online Services. However, our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Fees and Expenses
Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.

Marketing Rights
Client agrees that Eggplant may refer to Client, or Client's business in Eggplant marketing materials, the Eggplant website, and communication to Eggplant's current and prospective clients. Client grants Eggplant a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes.

Payment and Invoicing
The Client shall pay Eggplant monthly the amount set forth in Eggplant's customer database as such records are amended from time to time for the Services during the term of this Agreement.

The Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to Eggplant. Thereafter, Client shall receive a monthly billing invoice which shall indicate the agreed amount set forth in Eggplant's customer database, any changes in fees or additional services rendered for that month.

Client is responsible for all activities and charges resulting from Client's use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Eggplant in the event that Client's account is terminated by Eggplant or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies Eggplant.

Current rates for using the Services may be obtained on our web site at eggplant.coop. Eggplant reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. If Eggplant does not receive the full amount of Client's Service account balance within 30 (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client's bill and shall be due and payable. Client shall also be responsible for all attorney and collection fees arising from Eggplant's efforts to collect any unpaid balance of Client's account(s), and Eggplant may terminate Client's account immediately without further notice to Client. If Eggplant does not receive the full amount of Client's Service account balance within sixty (60) days of invoice date, Eggplant may disable service until past-due amounts have been settled.

DMCA Policy
Eggplant complies with the Digital Millennium Copyright Act's notice and take-down procedures. Your use of Eggplant services is subject to Eggplant's DMCA Policy.

About Content Available Through The Eggplant Online Services
Much of the content available through the Eggplant Online Services, such as user websites, emails sent over our email lists, and virtually all traffic on machines colocated at Eggplant, is generated by our users and not by Eggplant. You agree that any content posted to or delivered by the Eggplant Online Services is the exclusive responsibility of the person who posted or sent it. You further agree that you are exclusively responsible for all content you post, send or otherwise transmit via the Eggplant Online Services. Eggplant does not pre-screen, verify, endorse or approve such content (indeed Eggplant may not even see it) and Eggplant makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of the content. You agree that Eggplant is not responsible for any damage arising out of any content generated by our users and that though Eggplant has the right to modify, remove, or restrict access to any content generated by our users, Eggplant does not have any duty to do so.

Furthermore, some content available through the Eggplant Online Services may contain mature subject matter, controversial opinions, or sexually explicit material. You agree that by choosing to receive such content, you acknowledge that you are of legal age in the jurisdiction where you wish to receive such content, that you wish to receive such content, and that you accept sole responsibility for your use of the content.

Passwords and Security
As part of choosing to use our Online Services, user accounts may be created for you for which you will receive a password or passwords. You are responsible for maintaining the confidentiality of your accounts and passwords, and are responsible the actions of any person who uses your account or passwords to gain access to the Eggplant Online Services. You agree to completely log out of your account at the end of each session and to notify Eggplant immediately of any unauthorized use of your accounts, or any other breach of security at any time.

Eggplant reserves the right to perform security audits on its systems and systems or services hosted through Eggplant. These security audits may include pinging, portscanning, banner checking and any other technique Eggplant deems necessary. Eggplant makes no warranties or guarantees as to the security of any machine operated or hosted by Eggplant.

Other Websites
Our Online Services sometimes provide links or access to other web sites and resources, including sites hosted by Eggplant. These sites are not part of Eggplant's Online Services. As Eggplant does not control such sites and resources, you acknowledge and agree that Eggplant is not responsible for their availability, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Eggplant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

No Warranty
YOU UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, PROVIDE OUR ONLINE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE ONLINE SERVICES OR THE CONTENT AVAILABLE THROUGH THE ONLINE SERVICES. YOU AGREE THAT USE OF THE ONLINE SERVICES AND THEIR CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Liability Limitation
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Eggplant SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Eggplant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES.

In the event that any limited guarantees are provided by Eggplant, such limited guarantees are null and void if Client fails to follow Eggplant's TOS and other policies or otherwise breaches this Agreement in any respect.

No Other Warranty
Eggplant does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client's own risk. The Services are provided on an "as is" basis, and Client's use of the Services is at its own risk. Except as provided in the order form(s), Eggplant does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Eggplant does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties
Eggplant does not and cannot control the flow of information to or from Eggplant's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client's connections to the Internet (or portions thereof). Eggplant cannot guarantee that such events will not occur. Accordingly, Eggplant disclaims any and all liability resulting from or related to such events.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of Eggplant and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

Indemnity
The Client agrees to indemnify and hold Eggplant and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. Client agrees to defend and hold Eggplant and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of Client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will Eggplant or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will Eggplant or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by Eggplant. Eggplant and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Eggplant or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold Eggplant responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client's remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Eggplant and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

Modification and Termination
You agree that Eggplant may amend this Agreement at any time by posting the amended terms on our site at http://eggplant.coop/tos. All amendments shall automatically be effective 10 days after they are initially posted on our site. Your use of the Online Services following the effective date of any modifications shall constitute your binding acceptance of those modifications. Furthermore, you agree that this Agreement and all incorporated agreements may be automatically assigned by Eggplant, in our sole discretion, to a third party in the event of a merger, acquisition or other transfer. This Agreement may not be otherwise amended except in a writing signed by an officer of Eggplant. The TOS are incorporated herein and made a part hereof by this reference. Eggplant may change the TOS, with notice, which notice may be provided by posting such new TOS at the Eggplant Site. Client may request a current copy of the TOS by sending or faxing a request to Eggplant. Client agrees that it has received, read and understands the current version of the TOS. This Agreement was last modified on April 9, 2007.

Without Cause
This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days' prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to pay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.

For Cause
You agree that Eggplant may terminate or suspend service your use of the Eggplant Online Services at any time and for any reason whether you violate this User Agreement or not for any reason given or for no reason. You further understand and agree that Eggplant, at its complete discretion, may remove or alter the Online Services or any of content available through them at any time and for any reason or no reason. Suspension or termination of service is effective without notice, in the event of (i) a default in payment, or (ii) Client's breach or failure to comply with the TOS or other policies of Eggplant. Client may terminate this Agreement if Eggplant breaches any material term or written notice of same. If this Agreement is terminated by Eggplant under this Section, all balance of the then current term shall immediately become due and payable.

No Liability for Termination
Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.

Assignment
Client may not assign this Agreement or any of Client's rights or obligations hereunder without the prior written consent of Eggplant, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.

Governing Law
This Agreement, and all future agreements Client may enter into with Eggplant, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Washington, without regard to conflicts of law principles thereof.

Modifications
No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

Waiver
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

Severability
In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

Force Majeure
Eggplant and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, revolution, glorious social upheaval, an act of "God" or order of governmental agency or other imperial power structure. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

Terms of Services
Client agrees to be bound by Eggplant's TOS for all Services and products used by Client. The current TOS can be found on Eggplant's website at www.eggplant.coop. Should Client disagree with any updates to Eggplant's TOS, it is Client's responsibility to notify Eggplant of Client's desire to terminate their Services immediately. Implied Agreement
CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND EGGPLANT'S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.

CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION "Modification and Terminiation" CONTAINED HEREIN.

Entire Agreement
This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

No Party Deemed Drafter
In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.

Disputes
This Agreement and your relationship with Eggplant shall be governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to Washington's conflict of law provisions. This is the case regardless of whether you reside or transact business with Eggplant in Washington or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within King County, Seattle, Washington. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and Eggplant agree to submit any disputes arising from this agreement to final and binding arbitration under the Commercial Dispute Resolution Rules of the American Arbitration Association.

Complaints
Eggplant respects the rights of others. If you have a complaint regarding abuse of our Online Services, please send an e-mail to abuse@eggplant.coop. Eggplant will review the complaint and, at its sole discretion, take action Eggplant believes to be appropriate. If you have a complaint regarding what you believe is copyright infringement of your work, please send a notice to Eggplant's agent for the purposes of 17 U.S.C. Section 512:

Any such copyright notices should include (a) a description of the work claimed infringed; (b) the location of the allegedly infringing material on the Eggplant Online Services; (c) your name, address, telephone number, fax number and e-mail address; (d) your electronic or physical signature to attest that (e) you are authorized to act on behalf of the copyright owner; (e) you have a good faith belief that the use of the work is unauthorized; and, (f) under penalty of perjury, the information in your notice is accurate.

General
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire and exclusive understanding and agreement between you and Eggplant with respect to the subject matter hereof. This Agreement supercedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to this subject matter. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.