Customer's access and/or login into their respective personal accounts shall be deemed as acceptance of the agreed upon terms and conditions stated herein. Customer further accepts Network Solutions Domain Name Registration Agreement which may be found at http://www.networksolutions.com/legal/DNRA.html.

This agreement represents the complete agreement and understanding between WebArtz Design Services (hereinafter referred to as "WebArtz") and our Customer and supercedes any other written or oral agreement. Upon notice published on-line WebArtz may modify the terms and conditions contained herein and may discontinue or change the services offered in the event of Customer's failure to comply with the following provisions.

  1. SERVICE. WebArtz, as an Internet World Wide Web service provider, provides a dedicated server computer that is integrated into the Internet. This server computer sends and receives information as related to the World Wide Web. Customer desires to connect to and utilize the software and hardware facilities of WebArtz to establish a Web Site. The use of any data or material by the Customer via the service provided by WebArtz is at the Customer's sole and absolute risk. WebArtz specifically disclaims and denies any responsibility for the completeness and/or accuracy of quality of any and all information obtained through the services to be provided hereby.
  2. NO WARRANTIES. WebArtz will utilize its best efforts to maintain acceptable performance of the contracted services, but WebArtz makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. WebArtz cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. WebArtz will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. WebArtz shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by! ! the fault or negligence of WebArtz.
  3. INDEMNIFICATION. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against WebArtz, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebArtz against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with WebArtz's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on WebArtz's Server. As a result of this, Customer agrees that WebArtz shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of WebArtz. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
  4. DOMAIN NAME. WebArtz will acquire, at the request of the Customer, an Internet Domain Name (only from the US InterNIC) on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against WebArtz for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by WebArtz for any reason. Any costs incurred by WebArtz in obtaining or maintaining a domain name for Customer or its customers shall be at the expense of the Customer.
  5. INVOICING AND SERVICE FEES. Invoicing for web site shall be as follows: Customer shall be billed in accordance with the above stated terms, unless otherwise agreed upon. Payments of the service fee will be done upon inception (sign-up date). In the event that Customer shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the Customer's account then in such event WebArtz reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to Customer without notice or liability for actual compensatory or consequential damages to Customer for the interruption in service. WebArtz shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraph 1,2, 3, 4, and 5 shall continue in full force and effect, and/or, at its sole discretion, WebArtz may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension will result in the requirement of a re-connect fee which shall be the same as the set-up fee as described in the attached annex. Initial service and set-up fees shall be in accordance with the attached annex. All support inquiries are to be initialed via email to: support@WebArtz.com attn: Technical Support. WebArtz will make a diligent effort to resolve any problems related to WebArtz hardware or supporting software.
  6. 90 DAY-MONEY BACK GUARANTEE. The 90 day money-back shall apply only to the refund of the agreed upon monthly plan fees and shall exclude, without limitation, the refund of any or all set-up fees, service fees, transfer fees, domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc. ONLY web hosting monthly fees are refundable. Customers will be automatic charged non-refundable additional fees, in the event that the Customer is in excessive use of the agreed upon services, including but not limited to the use of additional bandwidth or file transfers in excess of plan limits,
  7. CANCELATIONS. All cancellation in accordance with the terms and conditions contained herein must be submitted in writing to WebArtz. 13226 Amasia Drive, Austin, Texas 78729, USA. All Customer accounts must be paid in full before the transaction will be considered complete.
  8. TAXES. Customer shall be responsible for paying all taxes of any nature which except for taxes on WebArtz's income, irrespective of which party may be responsible for reporting or collecting such taxes.
  9. MODIFICATIONS. WebArtz reserves the right to make changes to any of the above terms and conditions of this agreement upon thirty (30) day written notice to Customer, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of any calendar quarter for which Customer has already prepaid. The use of the service by the Customer following the effective date of such change shall be proof of acceptance by Customer of such change (s).
  10. ENTIRE AGREEMENT AND SEVERALBILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supercedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect, IN WITNESS WHEREOF the parties hereto intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter in to this agreement for the person or entitle herein named as a party hereto. This agreement shall be construed and interpreted pursuant to the law of the state of New Jersey.
  11. RESTRICTIVE USE. The Customer may only use WebArtz's services for lawful purposes. In the event that at any given time, WebArtz believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, WebArtz has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
  1. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
  2. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. WebArtz reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, WebArtz will charge One Dollar ($1.00) per email recipient for any such activity;
  3. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. WebArtz reserves the right to determine what is Net abuse;
  4. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
  5. The posting of Adult oriented Websites featuring nudity and acts of a sexual nature;
  6. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited, such sites are subject to additional setup and hosting fees as provided in paragraph five (5) herein;
  7. Any other misuses of the system resources, such as employing posts or program which consume excessive CPU time or storage space, permitting use of mailservices, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's accounts, or resale of access to CGI scripts installed on our servers.

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