Terms

Website Development And Hosting Terms Of Agreement (TOA)

WebsiteTools.Biz (WebsiteTools.Biz, us) will provide website creation and hosting services (Services) for The Client (Client, you).

Billing:

1. Based on the Services performed, WebsiteTools.Biz staff time will be billed at rates described on the WebsiteTools.Biz website at the time of the Client's order.

2. Payment for services will be invoiced on a monthly or yearly basis determined by the Client.

3. Invoices are due and payable in ten (10) days after receipt by Client.

4. Client shall pay directly or reimburse WebsiteTools.Biz for all taxes, assessments, duties, permits and fees, however designated, and wherever imposed, which are levied upon this Agreement for the services provided hereunder, exclusive of franchise taxes and taxes based upon WebsiteTools.Biz's income.

5. During the term of this Agreement, WebsiteTools.Biz shall bill and Client shall reimburse WebsiteTools.Biz for all reasonable and pre-approved out-of-pocket expenses that are incurred in connection with the performance of the duties hereunder.

License:

1. If WebsiteTools.Biz produces custom software for Client in relation to Services, WebsiteTools.Biz shall retain exclusive ownership of code together with all intellectual property rights therein. WebsiteTools.Biz shall retain all right, title and interest in and to: (i) all patented, copyrighted, trademarked and other intellectual property righted materials of WebsiteTools.Biz existing before or after the commencement of the Services which are contained in this Agreement; and (ii) all methodologies, processes, techniques, ideas, concepts, trade secrets and know-how of WebsiteTools.Biz existing before or after the commencement of the Services and which are embodied in subsequent deliverables (collectively, the WebsiteTools.Biz Knowledge).

Non-Disclosure:

1. All Confidential Information relating to a party shall be held in confidence by the other party to the same extent and in at least the same manner as such party protects its own confidential or proprietary information. Neither party shall disclose, publish, release, transfer or otherwise make available Confidential Information of the other party in any form to, or for the use or benefit of, any person or entity without the other party's consent. Each party shall, however, be permitted to disclose relevant aspects of the other party's Confidential Information to its officers, agents, sub-contractors and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under this Agreement. The obligations in this Section shall not restrict any disclosure by either party pursuant to any applicable law, or by order of any court or government agency (provided that the disclosing party shall give prompt notice to the non-disclosing party of such order) and shall not apply with respect to information which (i) is developed by the other party without violating the disclosing party's proprietary rights, (ii) is or becomes publicly known (other than through unauthorized disclosure), (iii) is disclosed by the owner of such information to a third party free of any obligation of confidentiality, (iv) is already known by such party without an obligation of confidentiality other than pursuant to this Agreement. Notwithstanding the foregoing, WebsiteTools.Biz may disclose to third parties that Client is a client and WebsiteTools.Biz assisted Client in this support agreement.

Copyright Material:

1. In connection with any material that is furnished or delivered by WebsiteTools.Biz or Client hereunder, an "Enforceable Intellectual Property Right" shall mean (a) a copyright, trademark or trade secret issued, honored and/or enforceable under the laws of the United States of America or any state within the United States of America, or (b) a United States patent issued as of the time when the material is furnished or delivered. WebsiteTools.Biz warrants that Client's use of the Service-related deliverables, in the form in which they are delivered to Client, does not infringe any Enforceable Intellectual Property Right of any third party. Client warrants that WebsiteTools.Biz's use of any and all materials furnished by Client hereunder does not infringe any Enforceable Intellectual Property Right of any third party. EXCEPT AS SET FORTH ABOVE, THE PARTIES EXCLUDE FROM THIS AGREEMENT ALL REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

Non-Compete:

1. WebsiteTools.Biz shall not be precluded by this Agreement from rendering services or developing work products that are competitive with, or functionally comparable to, the Services rendered and Service deliverables provided hereunder. WebsiteTools.Biz shall not be restricted in its use of ideas, concepts, know-how and techniques acquired or learned in the course of activities hereunder.

2. WebsiteTools.Biz personnel who render services to Client under this Agreement may render similar services for others during the term of this Agreement. WebsiteTools.Biz will make reasonable efforts to honor specific requests of Client regarding assignment of WebsiteTools.Biz personnel, but WebsiteTools.Biz reserves the right to make and change all such assignments.

Institution:

1. WebsiteTools.Biz and Client shall at all times be independent parties. Neither party is an employee, joint venturer, agent, or partner of the other, and neither party is authorized to assume or create any obligations or liabilities, express or implied, on behalf of or in the name of the other. The employees, methods, facilities and equipment of each party shall at all times be under the exclusive direction and control of that party.

Warranty:

1. WebsiteTools.Biz represents and warrants that it is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by WebsiteTools.Biz under this Agreement and the Order. Client understands that WebsiteTools.Biz is currently working on one or more similar projects for other clients. Provided that those projects do not interfere or conflict with WebsiteTools.Biz's obligations under this Agreement, those projects shall not constitute a violation of this provision of the Agreement.

2. WebsiteTools.Biz represents and warrants that (1) all Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill; (2) all Deliverables will function under standard HTML conventions; (3) all Deliverables will conform to the specifications and functions set forth in this Agreement; and (4) WebsiteTools.Biz will perform all work called for by this Agreement in compliance with applicable laws. WebsiteTools.Biz will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of Client's Web Site, and said repairs will be free of charge to Client. This warranty shall extend for the life of this Agreement. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of WebsiteTools.Biz.

3. WebsiteTools.Biz DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB PAGES OR THE WEB SITE WILL MEET THE CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEB SITE IS WITH CLIENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, DEVELOPER PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Liability:

1. Neither party shall be liable hereunder for penalties or for special, indirect, consequential or incidental losses or damages including, but not limited to, lost profits, lost or damaged data, failure to achieve cost savings, loss of use of facility or equipment, or the failure or increased expense of operations, regardless of whether any such losses or damages are characterized as arising from breach of contract, breach of warranty, tort, strict liability or otherwise, even if a party is advised of the possibility of such losses or damages, or if such losses or damages are foreseeable.

2. In the event of Client's claim of failure or damage by WebsiteTools.Biz or its assigns in relation to the Services rendered under the terms of this Agreement, the amount of such claims or damages shall not exceed the actual expense caused by the failure or damage, or the total amount Client has paid to WebsiteTools.Biz for the Services under this Agreement, whichever is less.

3. Neither party shall be considered in default in the performance of any obligation hereunder to the extent that the performance of such obligation is prevented or delayed by a Force Majeure Event, which is defined to include a fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is not caused, in whole or in part, by that party, and which is beyond the reasonable control of that party. The parties shall take all reasonable action to minimize the effects of a Force Majeure Event. If a Force Majeure Event prevents or delays the performance of a party for thirty (30) days, the other party shall thereafter have the right to terminate the Project upon written notice at any time before such performance resumes.

Termination:

1. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by WebsiteTools.Biz (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with WebsiteTools.Biz or hinders WebsiteTools.Biz's ability to perform the Services hereunder.

2. If this Agreement is terminated prior to the completion of Services, Client will compensate WebsiteTools.Biz for approved Services rendered up to the termination date.

Governance:

1. The laws of the state of Texas shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

Amendments:

1. No amendment, change, or modification of this Agreement shall be valid unless in writing signed by the parties hereto.

Hosting Service Level Agreement (SLA)

Client shall not receive any credits under this SLA in connection with any failure or deficiency of network availability caused by or associated with:

Circumstances beyond WebsiteTools.Biz reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.

Failure of bandwidth providers to the WebsiteTools.Biz Network, unless such failure is caused solely by WebsiteTools.Biz.

Scheduled maintenance and emergency maintenance and upgrades.

DNS issues outside the direct control of WebsiteTools.Biz.

Issues with FTP, POP, IMAP, or SMTP Client access.

False SLA breaches reported as a result of outages or errors of any WebsiteTools.Biz measurement system.

Client's acts or omissions (or acts or omissions of others engaged or authorized by Client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP, etc), any negligence, willful misconduct, or use of the Services in breach of WebsiteTools.Biz Acceptable Use Policy.

E-mail or webmail delivery and transmission.

DNS (Domain Name Server) Propagation.

Outages elsewhere on the Internet that hinder access to your account. WebsiteTools.Biz is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. WebsiteTools.Biz will guarantee only those areas considered under the control of WebsiteTools.Biz: WebsiteTools.Biz server links to the Internet, WebsiteTools.Biz routers, and WebsiteTools.Biz servers.

Hosting Acceptable Use Policy (AUP)

This WebsiteTools.Biz Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of WebsiteTools.Biz's hosting services (the "Services"). This AUP is not exhaustive and WebsiteTools.Biz reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at http://websitetools.biz/terms.cfm. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as WebsiteTools.Biz deems appropriate.

Server Abuse

Any attempt to undermine or cause harm to a server, or Client, of WebsiteTools.Biz is strictly prohibited.

Unauthorized use of other people's accounts or computers is strictly prohibited. WebsiteTools.Biz will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a WebsiteTools.Biz Client, whether or not the attacked account or computer belongs to WebsiteTools.Biz, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - WebsiteTools.Biz has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this AUP.

Clients may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by WebsiteTools.Biz to be unacceptable use of WebsiteTools.Biz's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.

2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

3. Displaying material that exploits children under 18 years of age.

4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

5. Exporting encryption software over the Internet or otherwise, to points outside the United States.

6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged the following reactivation fees:

1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination

This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

WebsiteTools.Biz takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

1. Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

2. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.

3. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").

4. Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

5. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

6. Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through WebsiteTools.Biz (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, WebsiteTools.Biz reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

Server Resource Abuse

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, Blue Dragon, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Adult Content

Adult content, pornography and sex-related merchandising are prohibited within the WebsiteTools.Biz Network. This includes sites that may infer sexual content or link to adult content elsewhere.

Because the Internet is a global communication tool, it is difficult to dictate what is considered "adult content." It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, WebsiteTools.Biz has chosen to enforce its "no adult sites/products" policy.

What is Adult Content?

1. Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.

2. Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.

3. Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.

4. Any site whose revenue is gained all or in part from its adult content or products.

5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

WebsiteTools.Biz reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".

Child Pornography

Our policy on child pornography is zero tolerance. WebsiteTools.Biz will cooperate fully with any criminal investigation into a Client's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their clients over the WebsiteTools.Biz network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the WebsiteTools.Biz Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be be charged $50.00/month in addition to your regular hosting charges to compensate WebsiteTools.Biz for any unforseen costs resulting from the large amount of email sent through your account.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

Any kind of IRC clients or IRC bots are strictly forbidden. We understand that occasionally there are acceptable uses for these services but due to the frequescy at which these services are abused, we simply cannot afford to allow them. Anyone found to be in violation of this policy risks immediate account termination.

Excessive Use/Overages

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, WebsiteTools.Biz may, in its sole discretion, assess you with additional charges. If WebsiteTools.Biz elects to take any corrective action, WebsiteTools.Biz will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $0.01/MB/month. Disk space overages are currently billed at $.50/MB/month.

Payment Policies

WebsiteTools.Biz requires payment of the startup fee in full, unless otherwise agreed upon. Accounts not brought current and are past-due 30 days will be assessed a 1.5% finance charge, with a minimum charge of $3.00.

Startup fees are non-refundable. All pricing is guaranteed for any term of pre-payment. WebsiteTools.Biz reserves the right to change prices at any time, unless other terms have been agreed upon. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies WebsiteTools.Biz to request for termination of services. All payment is in U.S. currency. WebsiteTools.Biz will bill each client $60.00 per returned check and per credit card chargeback received.

Cancellation

WebsiteTools.Biz reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WebsiteTools.Biz if WebsiteTools.Biz institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the Client (i.e. transfer, space etc.)

Liability and Obligations on Cancellation

If the Agreement expires or is cancelled for any reason, WebsiteTools.Biz is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, WebsiteTools.Biz will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to WebsiteTools.Biz under this Agreement.

Material and Product Requirements

You must ensure that all material and data placed on WebsiteTools.Biz's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by WebsiteTools.Biz. WebsiteTools.Biz will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", WebsiteTools.Biz may reject this material. WebsiteTools.Biz will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy WebsiteTools.Biz's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. WebsiteTools.Biz does not provide this knowledge or Client support outside of the Services.

Intellectual Property Rights

Material accessible to you through WebsiteTools.Biz's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use WebsiteTools.Biz or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WebsiteTools.Biz network. If you use a domain name in connection with WebsiteTools.Biz or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Clients may not use the WebsiteTools.Biz network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account the Client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WebsiteTools.Biz will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your website is responsible for or involved in an attack on or unauthorized access into another server or system, WebsiteTools.Biz will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting WebsiteTools.Biz or any of its other Clients.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any Client orders, and for handling any Client inquiries or complaints arising there from.

You are also responsible for the security of any Client credit card numbers and related Client information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to WebsiteTools.Biz a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by WebsiteTools.Biz under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

WebsiteTools.Biz shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by WebsiteTools.Biz and WebsiteTools.Biz reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Copyright Infringement

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the WebsiteTools.Biz system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING WebsiteTools.Biz THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR Client SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

WebsiteTools.Biz Legal Department 1211 Hammermill Canyon Lake, TX 78133

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.

2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.

3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).

4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).

5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."

6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

WebsiteTools.Biz reserves the right to refuse service to anyone. Clients may only use WebsiteTools.Biz server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of WebsiteTools.Biz management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Comal County, Texas, and any dispute will be litigated or arbitrated in Comal County, Texas. Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Comal Courts. IN NO EVENT SHALL WebsiteTools.Biz's MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

Client AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WebsiteTools.Biz HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WebsiteTools.Biz, ITS AGENTS, ITS CLIENTS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY Client, IT'S AGENTS, EMPLOYEES OR ASSIGNS. Client AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WebsiteTools.Biz AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WebsiteTools.Biz'S SERVER; (2) ANY MATERIAL SUPPLIED BY Client INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO Client FROM WebsiteTools.Biz'S SERVER.

Disclaimer

WebsiteTools.Biz WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WebsiteTools.Biz MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WebsiteTools.Biz DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WebsiteTools.Biz AND ITS EMPLOYEES. WebsiteTools.Biz RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

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