Tsunami PC Productions:
Acceptable Use Policy / Terms of Service

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Please review this section in entirety to become familar with our policies before ordering services.

This Acceptable Use Policy/Terms of Service ("AUP/TOS") describe the proper kinds of conduct and policies of Service Provider services. This AUP is not exhaustive and Service Provider reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Acceptable Use Policy / Terms of Service. By registering for and using our 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 Service Provider deems appropriate.

IMPORTANT NOTE - Service Provider has the right to discontinue services, 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 below.

By ordering services from Tsunami PC Productions, you agree that you have fully read, understand, and shall abide by the following terms and policies. This agreement is made between Tsunami PC Productions (hereinafter "Service Provider" or "us" ), and the customer (hereinafter "Client" or "you" ) and its authorized representatives (hereinafter "Client" or "you"), for the life of services provided under the following terms as follows:

• Overview
• Definitions
• SLA: Development Services
• SLA: Subscription Services
  • Web Site Hosting Subscriptions
  • Guaranteed Top 10 Rankings Subscriptions
• Domain Registration Services
• (osCommerce) E-Commerce Services
• Payment Policies
• Pricing Policy
• Refund Policy
• Lawful Purpose / Indemnification / Dislaimer

Terms Of Service: Overview

Service Provider and its associates provide their services to you subject to the following conditions. If you visit this web site, or contract Service Provider for any services, you accept these conditions. Please read them carefully.

1. PRIVACY POLICY:
All information collected from the Client by phone, email, or this web site, is kept strictly confidential. At no time will Service Provider give or sell this information to any 3rd parties, unless it is directly related to a 3rd party service that you request.

With some 3rd party services, it may be required to provide them with your credit card and/or billing information in order to provide you with the services you have ordered. Service Provider makes no warranties towards any 3rd party service providers or it's services. As such all complaints, billing questions or general questions related to policies, are to be handled by the Client directly with the Service Provider, unless otherwise agreed upon.

However, if Client finds at anytime that these 3rd party services are not providing you with the best service possible, are not resolving ongoing issues, or misleading, please contact us by clicking [HERE] and it shall be handled accordingly.

2. ELECTRONIC COMMUNICATIONS:
When you visit www.pc-productions.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Client agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT & TRADEMARK NOTICE:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Service Provider or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Service Provider, with copyright authorship for this collection by Service Provider, and protected by U.S. and international copyright laws.

Service Provider trademarks and trade dress may not be used in connection with any product or service that is not Service Provider, in any manner that is likely to cause confusion among Clients, or in any manner that disparages or discredits Service Provider. All other trademarks not owned by Service Provider or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Service Provider or its subsidiaries.

4. LICENSE AND SITE ACCESS:
Service Provider grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Service Provider. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Service Provider. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Service Provider and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Service Provider name or trademarks without the express written consent of Service Provider. Any unauthorized use terminates the permission or license granted by Service Provider. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Service Provider so long as the link does not portray Service Provider, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Service Provider logo or other proprietary graphic or trademark as part of the link without express written permission.

5. SERVICE / PRODUCT DESCRIPTIONS:
Service Provider and its associates attempt to be as accurate as possible. However, Service Provider does not warrant that service descriptions or other content of this site is accurate, complete, current, or error-free. Please contact us before ordering services with any questions or to verify how current and accurate service descriptions are.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY Service Provider ON AN "AS IS" AND "AS AVAILABLE" BASIS. Service Provider MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Service Provider DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Service Provider DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Service Provider ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Service Provider WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

7. APPLICABLE LAW:
By visiting www.pc-productions.net, and contracting Service Provider for services, and by using said services, Client agrees that the laws of the state of Michigan, United States of America, without regard to principles of conflict of laws, will govern these Terms Of Service and any dispute that might arise between you and Service Provider or its associates.

8. DISPUTES:
Any dispute relating in any way to your visit to Service Provider or to services you purchase through Service Provider shall be submitted to confidential arbitration in Michigan, USA, except that, to the extent you have in any manner violated or threatened to violate Service Provider intellectual property rights, Service Provider may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

9. SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Please review our other policies, such as our Copyright and Privacy policy, posted on this site. These policies also govern your visit to Service Provider. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these terms of service shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Definitions

The following definitions are words and phrases commonly found throughout these Terms of Service and contracts for all services. By visiting this web site and contracting Service Provider for any services, and continuing to use said services or an end product created by these services, Client agrees that they have fully read and understand these definitions.

1. Web site:
Defined as a single or set of electronic documents / interconnected webpages, usually including a homepage, generally located on the same server, and prepared and maintained as a collection of information by a person, group, or organization.

2. Web site content:
Defined as any text, photos, graphics, logos, or any other electronic files that compose a web page document.

3. Web site assets:
For purposes of these terms of service, this shall refer to the completed task(s) or asset(s) as it relates to the completion of a web development services project. The 'web site assets' as a whole shall consist of, but not limited to: logo, web site design, database application, web site content, photographs, computer programming code, and electronic files / documents (i.e. pdf documents).

4. Programming:
Defined as a complex vocabulary and set of rules for instructing a computer to perform specific tasks. As it relates to the development of a web site, or components of a web site, and hereinafter referred to as "programming" this includes: coding languages (.html, .php, .asp, .cfm, .net, .aspx or variations of the same), database design, or database applications.

5. Web Hosting / web site hosting:
A web hosting service is a type of Internet hosting service that allows individuals and organizations to provide their own web sites accessible via the World Wide Web. Web hosts are companies that provide space on a server they own for use by their clients.

6. Domain Name:
Also referred to as a URL (universal resource locator), this refers to a name that is entered into a computer (e.g. as part of a Web site or other URL, or an e-mail address) then looked up in the global Domain Name System (DNS) which informs the computer of the IP address(es) assigned to that name.

7. Drafts:
Commonly referred to as design specs, or blueprints, and commonly associated with graphical web site design or logo design. 'Drafts' are provided to the client for approval via e-mail or other visual communication tools. This relates only to client's that have purchased these services.

8. Web Site Updates / Revisions:
Defined as updates, changes, or revisions to an existing web site and encompasses all web site assets.

9. Project:
Defined as a general term used to describe all contract services listed within a quote or service contract given to a Client and to be performed by the Service Provider.

Service Level Agreement (SLA): Development Services
The following shall be herein referred to as "development services":

• Web site design services
• Web site development services
• Web site updates
• Logo design services
• Programming services
• Database application design
• Consulting services
• Copy writing services

The following terms of service are applicable to all development services between the Service Provider and Client.

1. SERVICE CONTRACTS:
a. SERVICE QUOTES: All development service quotes are good for 30 days. Quotes are created based upon all requested / suggested web development services. All quotes are completely itemized by title, details, and price for each quoted service. Pricing listed for any item within the quote, is considered to be "solid pricing", meaning it will not change. If there is the possibility of any additional cost for any items, it will be stated within the quote. Final quotes are solid pricing and based strictly upon all current information as requested or supplied by the client, and as indicated within.

b. SERVICE CONTRACT PROCEDURES & POLICIES: Upon acceptance by client of a project quote, client shall be provided a corresponding itemized service contract which shall detail the items / services to be provided to the client, total charges, estimated start & estimated completion date, payment policy & payment schedule, and refund policy. In order for work to begin, client must sign, date, and send back a full unmodified copy of the service contract along with any payments due via mail or fax.

Any items / services not listed within the service contract, require an additional quote and are subject to additional billable time / costs. As it pertains to web site design drafts or logo drafts, the exact number of unique drafts and revisions are included within the service contract. The Service Provider reserves the right to charge for any additional drafts or revisions outside of the number indicated within the signed service contract.

Upon completion of all tasks listed within the service contract and obligations by Service Provider, and payments in full by the client as per the payment schedule, client will be provided with a 'Service Contract Completion Agreement'. This agreement contains a corresponding detailed itemized list of the items / services as outlined within the original Service Contract, transfer of all applicable exclusive ownership rights / copyrights purchased by the client, account balance of $0, and acceptance by the client that they are satisfied with all completed work. Client is responsible for fully filling out this agreement, signing and dating it, and sending back the full signed agreement via mail or fax in a timely manner. Until all balances are paid and the signed Service Contract Completion Agreement is received, Service Provider shall retain all ownership rights of said 'web site assets'.

c. TIME CONSTRAINTS / DEADLINES: Service Provider understands how vital it is to make your timeline constraints or deadlines for the completion of your project. All quotes include an estimated time to completion. This is based upon total estimated time for completion, implementation and testing of all web development services, and assumes all information required from the client necessary for completion of services shall be provided within a timely manner.

If you do not provide the additional information requested from you in a timely manner (average 1-2 business days unless otherwise agreed upon by both parties), the web development project may be placed on hold until this information has been received. During this time you understand that Service Provider may place your project back into our project queue, and your assigned development team may be reassigned to other projects in the meantime. You will be notified via phone or email of your deadline to respond by, before your assigned development team is reassigned to any other projects. If this does occur, you understand that the original timeline quoted to you for completion of your project, is no longer valid and that a new timeline will be assigned to you based upon current projects in progress.

Service Provider is not resposible for client deadlines / estimated completion dates not met under the following circumstances: holidays, requested information not provided within a timely manner, errors with client email servers, client internal communication issues with their employees / staff, client requests for additional changes or services not indicated within the service contract, down ISP services within Service Provider offices, required signed service contracts not received, or payments not received in accordance with the 'payment schedule' section of the service contract.

d. RECEIPT OF CONTRACT / PAYMENT: All service contracts accepted by the Client, as provided by Service Provider, must be completed, signed, and sent back by mail along with any payments indicated in said service contract payment schedule before work shall begin.

e. INTELLECTUAL PROPERTY RIGHTS: Client fully understands and agrees that all information provided within the service contract, as it relates to the items quoted herein as a whole, that all rights, title and interest remain the exclusive intellectual property of Service Provider, except for items provided to Service Provider by Client or by a 3rd party. As such the Client fully understands and agrees that the information contained within cannot be provided to any 3rd party companies for purposes of creating a competative product or service. Upon acceptance by the Client, receipt of signed contract & balance paid in full to Service Provider, it is understood and mutually agreed upon that all applicable rights are transferred to the Client.

2. CLIENT LOGINS:
In order to provide development services, Clients may be required to provide Service Provider with various logins. This includes, but is not limited to: web site hosting FTP logins, control panel logins, database logins, and domain account logins. In most cases, development work cannot progress without these logins, and as such Client understands and agrees to provide these logins to Service Provider.

3. WEB SITE BACKUPS:
When you hire Service Provider for development services, it is the responsibility of the client to backup any and all data, graphics, text information, or pages that can be defined as 'web site assets', from their current web site to a secondary computer. The client authorizes Service Provider the right to delete all current graphics, photos, text, or web pages as needed in order to complete the requested revisions.

The client fully agrees to this and releases Service Provider from any and all liability, loss of income, and overall legal actions as a result of lack of action by the client to make copies of all related materials by means of electronic storage. Simply stated, it is the customer's responsibility to have a full backup of their web site.

4. WEB SITE ASSETS:
In order to provide certain development services, Clients may be require to provide certain "web site assets". It is the client's reponsibility to provide any and all content requested by the Service Provider and necessary for the Service Provider to perform all related web development services. Client represents that they are the owner / licensee of any and all content provided to Service Provider.

Client fully understands and agrees that all graphics, logos, images / photos, and content provided to the Service Provider by the Client, as it relates to any and all work to be done by Service Provider, that said client represents they are the owner or have a license to use said web site content. Client also agrees that it is their responsibility to get proper licensing on all photos or images that appear within the web site.

5. WEB SITE DESIGN / LOGO DESIGN:
Based upon the information supplied by the client, Service Provider shall provide up to the agreed upon number of design drafts listed in the service contract for the new web site or logo. Once approved, these design drafts will be used as the blueprint for final production of the look and feel of the client's web site or logo. These designs shall be based upon the feedback provided by the client, so it is important for you to provide as much detail as possible prior to beginning design work including: preferred colors, examples of other websites / logos with specific notes on what you like / dislike about them, and any additional information relevant to the design.

All design drafts include one free revision. If, after client has reviewed any web site design drafts – but BEFORE any fully functional pages are created – you don’t like it, Service Provider will revise the web site design draft once for no extra cost. Any additional requested revisions by the client, or unique drafts, will be subject to additional fees.

6. DATABASE APPLICATIONS:
As part of our Development Services, Service Provider provides a variety of original, custom programmed database applications for it's Clients.

a. USER LICENSING & LEASING: For certain automated database applications and management tools, Service Provider offers a user license and monthly leasing payments. Solutions that are on a leasing subscription are for a single location user license, unless otherwise stated within the subscription contract. The database, programming, and any assets related to said database application, cannot not be reused, transferred, resold or reverse engineered at anytime without direct written consent from Service Provider.

b. THIRD PARTY APPLICATIONS: On occassion, Service Provider may use a third party database application if requested and / or agreed upon with the client. Service Provider makes no claims towards authorship, ownership, licensing rights or support of any third party developed database applications.

c. For your convenience upon cancellation of leasing contract of any automated database solution or database management tool, the client will be provided with an exported back-up of all database related records into a compatible file format of our choice so that the information can be reused and imported into a secondary database program for future usage. In addition, all web site related graphics, pictures, and text that resides within all database driven template pages, as provided by the client, shall be made available to the client via CD-Rom electronic media. Your current database will be then removed from your site, and kept on confidential file for 6 months.

6. OWNERSHIP RIGHTS & COPYRIGHTS:
Client agrees and fully understands that they are purchasing a single usage license for all original development work created by the Service Provider. Service Provider retains all authorship / ownership copyrights of all original web site assets created, unless otherwise indicated in the service contract and purchased by the Client as having full exclusive ownership rights, and excluding any web assets provided by the Client or by a 3rd party.

Service Provider reserves the right to resell, redistribute, reuse, or repackage all original website assets, in part or as a whole. As such the Client understands they cannot resell, redistribute, reuse, reverse engineer, or repackage said website assets without written consent from Service Provider. With the exception of Logos created by the Service Provider for the Client, which it is mutually understood that upon delivery and paid for in full, the Client shall automatically obtain all ownership rights to said logo.

7. NON-COMPETITION/EXCLUSIVITY/CONFIDENTIALITY:
Each party acknowledges that it will have access to certain confidential information of the other party. Confidential Information includes but is not limited to financial information, asset information, technical data, marketing strategies, research information, business plans, business strategies, computer programs, technology, copyrighted works, trade secrets, customer information, or any information contained within this service contract. Each party agrees that is will not use in any way, directly or indirectly, for its own account or the account of any third party, any of the other party's confidential information, except a expressly permitted by or required to achieve the purposes of this Agreement. Each party will keep all Confidential Information strictly confidential and will not disclose, distribute, or disseminate any Confidential Information to any third party, except to the party's attorneys, accountants or financial advisors. Each party will be responsible for any breach of this Agreement by its agents, representatives or employees.

8. WARRANTY:
Service Provider includes a 60 day limited warranty on all programming and agrees that Client has 60 days after completion of the service contract to report any "bugs" via written letter or email, defined as programming errors or items which prevent the client web site from functioning properly, and agree to remedy those reported bugs at no extra cost during regular business hours. Any requested programming support outside of normal business hours, is subject to additional billable time. This warranty does not cover errors caused due to the Client moving web site to a different web hosting environment other than the one the web site was originally created on, or client changing coding within the pages producing an error(s), which may require additional billable time to resolve. As is the nature of computer programming technology known to be constantly changing, this warranty does not guarantee that programming will be compatible and error free with any future updates made to the web hosting server operating system or other related software, regardless of the web host, and may require additional billable time to resolve.

Service Level Agreement (SLA): Subscription Services
The following shall be herein referred to as "subscription services", defined as a recurring subscription service. This includes but is not limited to:

• Web site hosting subscriptions
• Search engine submission subscriptions
• Search engine SEO subscriptions / Guaranteed Top 10 Rankings
• Search engine ranking report subscriptions

The following terms of service are applicable to all subscription services between the Service Provider and Client.

SUBSCRIPTION TERMS:
All subscriptions are charged via recurring credit card billing. Clients must provide a credit card for subscription services. See specific subscription terms & contracts for details.

SUBSCRIPTION RENEWALS & CANCELLATIONS:
Clients are automatically renewed for same subscription term automatically each billing period. Clients may cancel at anytime after the initial subscription term by clicking [HERE] and submitting a request for SUBSCRIPTION CANCELLATION. Subscription cancellation requests MUST be done at least 2 weeks (14 days) in advance from next billing date for processing time, or your subscription will automatically be renewed at the same length term and you will be charged again for the following month of subscription services. Client's having a dedicated machine server contract, are automatically renewed at the same price and same subscription term if not cancelled at least 2 weeks (14 days) before expiration / renewal date. When cancelling, please include your company name, contact name, full address, website URL, and last 4 digits of your credit card on file.

In the event that the Client is cancelling a subscription before expiration of the subscription term, Client understands that they will be charged for the remaining subscription term left and authorizes the Service Provider to charge the credit card on file. If a credit card is not available, this amount will be added onto your account balance. See our PAYMENT POLICY section for more details.

As a courtesy to our Client cancelling their web site hosting subscriptions, a copy of your web site is available upon request to be sent out on CD or DVD media via USPS Priority mail for a rate of $20. Requests should be submitted at the time of your cancellation request to ensure fast processing and shall be sent out within 7-10 business days.

Web Site Hosting Subscriptions

Clients using Service Provider web hosting services are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.

Web Hosting Subscription Set-up:
The following will be charged to your credit card prior to setup of web hosting account:

• Setup fees, if applicable
• 1st month hosting fee, if applicable
• Domain registration fee, if applicable

Normal wait time on setup of your new hosting account is 24 hours. Upon complete of setup, an email will be sent to your registered email account giving you full instructions on how to begin using and uploading to your new hosting account. Service Provider is not responsible for additional wait time for transfers of domain(s) names, domain pointers, or subdomains. Your web hosting email confirmation will include specific instructions on how to transfer your current domain name to faster propagate your new web site.

Hosting/Subscription Contract & Payment Terms:
Service Provider offers a month-to-month contract on all shared hosting plans. Managed Dedicated Machine Server contracts are for a period of 12 months and can be billed monthly or annual prepayment. Monthly service and subscription fees are charged on the 25th of each month, beginning the 25th of the month following completion of the setup of your selected hosting plan.

Renewals:
Clients on monthly hosting plans, are automatically renewed each month. Clients having annual subscriptions contracts are automatically renewed on the anniversary date of their original subscription contract. It is the client's responsibility to know when their contract term is going to expire.

Suspension Notification:
For clients having monthly subscriptions in the event that your credit card on file is rejected for any given month for payment, you will be contacted by phone and or email to notify you that your billing information needs to be updated within a 7 day period to avoid subscription suspension of your hosting account(s) and given instructions on various methods of updating your billing information. Please see PAYMENT POLICIES section for information on additional late fees & declined fees.

In the event of account(s) suspension, FTP access and HTTP access (public viewing) to your web site will be temporarily restricted and a message will be displayed on your domain stating

"This web site temporarily unavailable. If you are the owner of this web site, please call a hosting billing representative during normal business hours at 866-932-3249."

Email accounts will continue to function during this time as a courtesy to our clients. If payment in full is not received within 7 days of an account suspension which includes current subscription fees and late fees, then your hosting account, trouble ticket access, all electronic files residing on your hosting account, and all email accounts will be deleted. In order to re-establish your hosting account after deletion, a new hosting account will have to be created for you, subject to payment in full of balance on account, current setup fees and current subscription rates. For hosting clients that Service Provider has designed or developed web sites for, as a courtesy you may still request a full backup of your web site and all files contained within which will be sent either via email or mailed on a CD upon receipt of balance paid in full for a shipping & handling fee of $15.

SSL Certificates:
Secure Socket Layer Certificates, commonly referred to as SSL certificates, are an encryption format commonly utilized on web sites which are performing online transactions for their Client. These generally utilize a minimum of 128 bit encryption to encrypt any data seen or entered by a client onto a web site. Some of our hosting packages do include "shared SSL certificates", which are SSL certificates purchased and owned by Service Provider and utilized by everyone on a shared hosting server. As such shared SSL certificates are owned by Service Provider and non-transferable.

Client's may optionally purchase SSL certificates, for use on a shared or dedicated hosting server, via a third party resource or request that Service Provider purchases and installs one on their behalf. Client understands and agrees that:

Any requests made by Client to the Service Provider to purchase an SSL certificate on their behalf, will be made through a third party SSL certificate merchant like but not limited to GoDaddy.com, Verisign.com, Commodo.com. Service Provider reserves the right to select the third party from which the SSL certificates shall be purchased from.

SSL certificates are created and installed based upon the contact information provided by the client, and the unique CSR encryption key created on the hosting server where the client's domain is being utilized. This CSR encryption key is unique from one hosting server to the next, regardless of the domain. As such client understands that SSL certificates are non-transferable to any different hosting server, regardless of who the provider is, and that there is absolutely no refunds offered on the purchase price or installation fee of any SSL certificate. In short, if you moved hosting servers and tried to copy over your SSL certificate, it would not work and as such a new one would have to be purchased, reissued, and reinstalled with all applicable fees.

Excessive Usage / Overages:
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting subscription plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes /gigabytes per month or if you exceed E-Mail storage and attachment size limitations, Service Provider may, in its sole discretion, assess you with additional charges. If Service Provider elects to take any corrective action, Service Provider 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 $20/GB/month. Disk space overages are currently billed at $.50/MB/month.

Example: If your current hosting package allows 10GB of monthly transfer, and you hit between 10.1 and 11 GB for any given month, you would be charged for 1 GB over your limit or a $20 additional fee.

Unacceptable Usage Policy:
The following are unacceptable usages of Service Provider web hosting services, and will results in immediate termination of the web hosting account with or without prior notification:

Spamming : Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and web hosting providers. This includes listing a hosted domain in any unsolicited email.

Copyright Violation : Any Violation of copyrights by a Client, originally held by individuals and corporations or other entities other than the Client, can result in civil and criminal liability for the infringer.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials : Violation of indecency and obscenity laws.

Defamation : Defamatory speech towards an individual or business distributed over the Internet via the Client web hosting service, email, or displayed openly on the web site, is not allowed.

Illegal/Unauthorized Access to Other Computers or Networks : The illegal or unauthorized accessing (often known as "hacking") of computers or networks by the Client utilizing Service Provider web hosting or email services, is not allowed and illegal. All clients found in violation of this shall be prosecuted.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities : Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

File/Image Repository : Service Provider hosting services are not to be used as a file/image repository. This means you cannot use your account as a download site or mirror site to store extensive files/images or software, whether legally licensed or not.

IRC : We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Child Pornography : Our policy on child pornography is zero tolerance. Service Provider will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Client are ultimately responsible for the actions of their clients over the Service Provider 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 prior approval by Service Provider. Please check your hosting account description for full details, as many of our shared hosting accounts come with a free pre-installed chat program.

Software / File Repository web sites : You are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site, without previous authorization from Service Provider.

Other Activities, whether lawful or unlawful, that Service Provider determines to be harmful to other clients or visitors to your web site, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet, may also lead to the immediate termination of said web hosting account with or without prior notification, at the discretion of Service Provider.

Monitoring Practices:
Service Provider will not, as an ordinary practice, monitor the communications of our Client to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. Service Provider may remove information that violates policies, implement screening software designed to block offending transmissions, or take any other action deemed appropriate, including termination of a Client's web hosting contract with us.

Service Provider can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our Client on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our Client unless required to do so by law. Service Provider may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Service Provider may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our Client from harm, or where such disclosure is necessary to the proper operation of the system.

Backup Policy / Data Restoration Requests:
As a courtesy, all Service Provider shared hosting accounts and managed dedicated servers are backed up on a daily basis. Our backup tapes are rotated once every seven (7) days, at which time all previously saved data from the prior week shall be erased. It is therefore important to have you notify us within a six (6) day period if you are making a backup data restoration request of your web site, or specific files contained within. Backup requests may be made via telephone or trouble ticket system. Fees range from $75-$150, depending upon how far back we have to go into our systems to retrieve your files and whether you are requesting the restoration of your entire web site or specific files.

While we do backup our hosting servers daily, we cannot guarantee the content is up-to-date, error free, or not corrupted. It is solely the customer's responsibility to have a full backup of their entire web site on their local computer system at all times.

Service Provider is not responsible for loss or deletion of client web assets, defined as any emails, databases, or other electronic files stored on said web hosting account(s). Some examples include:

a) Deletion or overwriting of files by an authorized or unauthorized user(s).
b) Deletion due to server or hardware failure
c) Deletion of hosting accounts due to breach of terms of service.

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. (this section does not apply to managed dedicated servers)

Unsolicited Email (Spam):
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Service Provider 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 and considered to be spam:

• 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.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
• 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.
• 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.
• 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 Service Provider (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, Service Provider 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.

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 moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

Network Security:
Client may not use the Service Provider 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 customer, 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. Client 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. Service Provider 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 server or web site is responsible for or involved in an attack on or unauthorized access into another server or system, Service Provider will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Service Provider or any of its other Client.

Electronic Commerce / Online Stores:
Client is solely responsible for the 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.

Client is fully 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.

Service Provider is responsible for ensuring that our hosting servers comply with VISA & MASTERCARD CISP guidelines as it relates to your hosting account. Client merchant credit card processing service may or may not require your e-commerce store to be CISP compliant. If so, you are responsible for running an annual security check of your e-commerce store by the third party provider of your choice. We recommend scanalert.com. Please check with your merchant credit card processing service for details.

Service Provider is NOT responsible for the loss of any client orders, income potential or otherwise, client inquiries, client payment information, products, or other content. Client has full access to a variety of free tools for backing up their e-commerce store and database available at all times regardless of the hosting provider. Additional information regarding these tools, can be found on Service Provider's web site, or client may call to ask for instructions on using these tools. As such, it is the client's responsibility to run a backup of your online store, it's products, and databases. We suggest running a backup of your online store database system to your local computer on a daily or weekly basis. Please check your user's guide from the software developer of your online store software for full instructions on how to backup your database.

Complaints about violators of our policies, or questions regarding our policies, should be referred by clicking [HERE] and submitting feedback. Each complaint and question will be investigated and responded to promptly.

99% Uptime Gurantee:
In the event that your hosting account is down for more than 1 day in a given month, you will receive a prorated credit on your account for the following month of service equal to the amount of time your hosting account was down for. In order to receive this prorated credit, an official log of down service for each day of down service, must be recorded by you filling out a trouble ticket via our client support web site. In short, if you call us at the end of the month to inform us that your web site has been down for 15 days this past month, but we do not have trouble tickets to support this claim, you will not get credit.

Downtime due to server maintenance, software upgrades, bad weather, or requested transfer/upgrade of your hosting account, is not included in this guarantee and no credits shall be issued in these circumstances. You understand and agree that Service Provider is NOT responsible or liable for loss of income / revenue generated by your web site, or advertising expenses due to downtime.

Liability and Obligations on Cancellation:
If the hosting agreement / contract expires or is cancelled for any reason, Service Provider 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 your subscription, Service Provider will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Service Provider under your contract.

Guaranteed Top 10 Rankings Subscription

By subscribing to our Guaranteed Top 10 Rankings Subscription Service, you agree to the following conditions and terms of service. This subscription service includes:

SEARCH ENGINE OPTIMIZATION: Search engine optimization (SEO) is a subset of search engine marketing, and deals with improving web page coding techniques and content for purposes of improving search engine rankings and the number and/or quality of visitors to a web site from "natural" (aka "organic" or "algorithmic" search engine) listings. Our SEO service includes keyword popularity research and optimization of your home page and up to 5 existing pages. In some cases where it is more beneficial, we will create up to 5 subject specific pages that target related keyword phrases that match the look and feel of your web site. Upon completion of seo services, you will be emailed confirmation and an overview strategy report.

SITE MAP: A site map (or sitemap) is a web page that lists the pages on a web site, typically organized in hierarchical fashion. This helps visitors and search engine bots find pages on the site. We will create 1 site map page or update your existing site map page, create a Google.com XML sitemap, and a Yahoo.com text sitemap.

SEARCH ENGINE SUBMISSIONS: After completion of initial optimization services, your home page and five additional pages (existing optimized pages or new subject pages) shall be submitted to up to 250+ search engines and directories every two to four weeks via a combination of automated submission software, and manual submissions. Number of pages that can be submitted, frequency of submissions each month and whether done by automated software or manually is based upon limits & guidelines set by each search engine. Number of search engines submitted to each month is dependant upon your selected subscription package. The client may request a search engine submission report at anytime for the past 30 days of submission services.

SEARCH ENGINE RANKING REPORTS: Search engine ranking reports (ser reports) are comparative reports generated for specific web pages and keyword phrases against the search engines, to help track the progress and effectiveness of search engine marketing. The client shall receive via email an initial ser report before first search engine submission, a second comparative report 30-45 days after, and ongoing monthly ser reports each month. These reports are typically created and sent out via email between the 25th and 1st of the month. If the client does not receive this report for any reason, they may contact us at any time to receive a copy of the requested report during the term of their subscription.

ADDITIONAL OPTIONS: Any additional options selected by the client, as listed on our Guaranteed Top 10 order page [here], are for purposes of further increasing web site rankings and promotion of the web site. These are optional and a one time setup fee unless otherwise indicated.

ONGOING MONTHLY PROMOTION / SEO: Defined as continued monthly optimization, search engine submission, and other related adjustments to web site as needed, for purposes of improving current search engine rankings.

TOP 10 SEARCH ENGINE RANKINGS: Top search engines defined as the 10 most popular search engines, as reported by Nielson / NetRatings each quarter. The current most popular search engines include: Google.com, Yahoo.com, MSN.com, AOL.com, Ask Jeeves (ask.com), FAST.com / alltheweb.com, Netscape Search (netscape.com), Earthlink.com, Webcrawler.com, DogPile.com, Excite.com, and Lycos.com. This list is subject to change at any time without notification based upon search engine popularity. Contact a representative at any time to find out the most current top 10 search engines, or view these at anytime by visiting one of the following URLs:
http://www.searchenginewatch.com/reports
http://www.nielsen-netratings.com/

Your web site will receive a combined minimum of total 10 top 10 rankings, using single or multiple keywords phrases which you have approved, in one or more of the current most popular top 10 search engines listed above within 2 weeks to 6 months. Client understands that this total of 10 minimum top 10 rankings is combined across all of the current most popular top 10 search engines and that Service Provider gives no guarantee that you will receive the same number of top 10 rankings in each search engine, or across all of them. See our FAQs page for further details.

OUR GUARANTEE: If your web site is not receiving a minimum of 10 top 10 rankings, as defined in the 'Top 10 Search Engine Rankings' section above, by the end of your subscription contract term, you shall receive the following month of service free of charge. You will continue to receive this service free of charge until we get you top rankings as per the terms above, up to a term equal to that of your subscription contract term. If we cannot obtain top rankings for you by the end of this period, your contract with us will be automatically cancelled and you will not be charged anything more.

The top 10 listings you will receive, shall be independant of existing rankings you already may have within the above search engines. If however, you select a page within your web site for us to optimize and submit which is already indexed by one of the major search engines, but is not currently receiving top 10 rankings, getting a top 10 ranking for this page shall count towards our obligation for you. Exclusion of existing web site top 10 rankings is subject to providing us with a detailed ranking report BEFORE we complete our SEO services and submit your web pages to the search engines. This document must contain the following information for each listing: search engine name, keyword phrase used, web page URL, and current ranking position.

Indexing in major search engines can take anywhere from 7 days to 18 weeks based upon each search engine. Average time to begin noticing increased search engine rankings is 2-3 weeks for new web sites, or 1-3 months for existing web sites that have been previously submitted / indexed by the search engines. Depending upon how long a search engine takes to index your web site and how competitive the industry is, it may take up to the full contract term to receive top 10 rankings.

Our guarantee is subject to the following terms:
1) You maintain subscription for a minimum contract term of 6 months.

2) The optimized pages and / or 'subject pages' we completed and promote for your site must not be altered in any way without first notifying Service Provider in advance via email and wait for approval to ensure it will not effect the current rankings and ongoing promotion. This includes all content changes, file name changes, or web site directory structure changes related to the pages we have optimized. If it is necessary to change the file and/or folder names relating to the pages we have optimized, please let us know of these changes so we can amend our submission files and advise you on how it may or may not effect the rankings you are receiving.

3) The optimized pages and / or 'subject pages' we completed and promote for your site must not be removed or deleted for at least the duration of the subscription term. Please ensure these files are not deleted while maintenance of your web site is being carried out.

4) During the duration of your subscription term, it is important to let the Service Provider handle all submissions to the search engines and directories listed in the available 'search engine submission report' for the web site. Submissions of one or more pages to the search engines in addition to Service Provider submissions, may be viewed by the search engine as 'submission spamming' and can have a negative impact on the rankings of the web site, including but not limited to: loss of rankings, deletion of web page(s) from their database, or banning of your entire web site.

5) During the duration of your subscription, Client agrees NOT to add a Link Page or Link directories (containing multiple link pages) into the web site without first consulting Service Provider. This can hurt your existing and future rankings greatly. If a link page or link directory already exists within your web site, it may need to be altered or removed in order to obtain top 10 rankings for your web site. Link page(s) should always be created by a professional optimizer using very specific guidelines to avoid search engines viewing your web site as a 'link farm' or viewing you as having 'bought link popularity' which will effect your rankings in a negative way.

6) Client agrees and understands that they will not hire any 3rd party service providers, or perform themselves, simultaneous search engine optimization, submission, or other services that can be defined as 'search engine marketing' during the duration of the subscription, as this can effect the web site ability to get top 10 rankings negatively.

7) Client agrees and understands that they will not make any modifications to any pages on their web site, whether optimized pages done by Service Provider or other, that includes optimization or coding for purposes of obtaining improved rankings that is viewed by the search engines as 'unacceptable'.

QUALIFICATIONS: The following web sites are NOT accepted for our guaranteed top 10 subscription services:

1) Client web site must not be an adult oriented sex site, a casino/gambling site, an illegal software web site, a reseller web site, a replicated MLM get rich quick site, a debt consolidation site, a bank site, or a credit card applicant web site. Other adult dating web sites may qualify. Contact us for details.

2) Client web site must not be within FRAMESET, commonly referred to as 'frames'.

3) Client web site must not contain a flash intro, flash menu / navigation system OR any flash files with file size over 30KB total for a single page.

4) Client web site must not be a mirrored or duplicated web site. Meaning if the web site you submit to us is duplicated from another web site, even one you own, we cannot guaranteed you top 10 rankings. Duplicated or mirrored is defined as duplicated text content, duplicate text links, duplicate web site layout and file naming structure.

5) Client web site MUST have a unique IP address. If you are unsure about this, please contact your hosting provided to ensure the IP address for your domain, is not shared with any other domain.

6) Client web site must NOT be a link farm. Link Farm is defined as a web site with no real content, but only linking to other web sites for purposes of gaining popularity or top rankings.

7) Client web site must NOT contain 'keyword spamming', defined as loading duplicate keyword phrases into a web page for purposes of trying to obtain greater keyword density. Common methods include: a keyword list at the bottom of your web page, or in HTML <!--comments--> tags, or loading keyword dense paragraphs set the same font color as the background of your web page.

8) Client web site must utilize good HTML coding practices that are compliant with W3C acceptable standards. Specifically the web site must avoid unclosed HTML tags, or improper use of HTML tags that will produce errors in common internet browsers.

Service Provider shall perform a general overview of client web site upon placement of subscription order to ensure that it complies with these qualifications. If it is found that the web site does not qualify, client shall be notified via email of exact reasons the web site does not qualify, with any available options for remedying these issues. If options are provided, client shall be responsible for implementing these changes, whether through contracting us or doing themselves, before subscription services can begin.

SUBSCRIPTION TERMS:
You authorize Service Provider to charge your credit card a non-refundable setup fee(s) based upon your selected subscription package. As part of the ongoing monthly services related to this subscription, you authorize Service Provider to charge your credit card the monthly subscription rate based upon the subscription package you select, on the 25th of each month for the next 30 days of service. The first monthly charge shall occur on the 25th of the month following initial submission.

If you order any of our Index Express Submission Programs, you also authorize Service Provider to create an account under your name using your provided contact, billing and credit card information, with the corresponding Inclusion Program company. Upon creation of these accounts, you shall be sent your corresponding username, passwords, and URL to access your new accounts. These include but are not limited to: Excite.com network, Lycos.com network. By selecting one or more of these subscription options, you understand that Service Provider cannot guarantee pricing or change in the terms of service for these companies and that you are bound to the terms of service for each company.

Additional information can be found here:

• Excite.com Network: Click [HERE] to find out more.
• Lycos.com Insite Network: Click [HERE] to find out more.

In the event that your credit card is declined during the subscription term, you will be notified via email or phone and have 7 days to provide new valid credit card information. If you do not provide new credit card information within 7 days, your subscription will be cancelled and would require a new setup fee to subscribe again.

In the event of a credit card chargeback for this subscription service, Service Provider reserves the right to submit a request for removal of your website domain / URL to each search engine submitted to during the length of the subscription.

DISPUTES / VALIDITY CONFIRMATION: Any disputes or validity confirmation requests towards any of your web site rankings found within the search engine ranking reports, must be done within 14 days, or it shall be considered that client has no disputes on accuracy of any given report and that client is satisfied with services received.

SEARCH ENGINE SUBMISSIONS: Client may request a monthly search engine submission report by clicking [HERE] and submitting a request at no additional fee. These dated reports show a complete list of all search engines and directories that your web site, or individual web pages, have been submitted to on the date shown. Client understands that as part of the terms of service found on every search engine, submission to a search engine does not guarantee the search engine will index or spider your web site and that they reserve the right to reject any submissions or to remove your listing with or without notification. If you have a question regarding a specific search engine that your web site was submitted to as shown in the search engine submission report, but does not appear within, please contact the search engine directly via their web site.

Domain Registration

Domain Overview:
Client may opt to purchase a domain through the domain registrar of choice including Service Provider's domain website, or request that Service Provider purchase domain through the domain registrar of choice. Client understands that by requesting Service Provider to purchase domain on their behalf, client gives authorization for Service Provider to provide the domain registrar with client's current billing address, email address, phone number(s), and credit card on file for purposes of purchase of said domain(s) and setting the domain to "auto-renew" using the provided credit card at expiration of the domain. As such client fully understands and agrees that they have read and agree to the terms of service set forth by the registrar they have selected. If domain is purchased through Service Providers domain reseller website, client is agreeing to the following terms of service:
https://www.securepaynet.net/gdshop/agreements.asp?prog_id=tsunami&ci=1911

Any domain names purchased by Service Provider at the request of the client, for said client, remain the property of the client at all times, unless otherwise revoked by the domain registrar. See domain registar terms of service for full details.

Client fully understands and agrees that regardless of where the domain(s) are purchased through and by whom, it is client's responsibility to a) keep a copy of account number b) logins to registar website c) keep contact information updated on registrar website including address, email address, and credit card. Service Provider is not responsible for retaining copies of this information for client or updating this information. Client understands that Service Provider offers domain registration as a courtesy, but is not an official domain registrar and only resells for an official domain registrar and as such does not have access to your domain account information.

Service Provider is not responsible for domain names selected by client that are currently not available at time of purchase. Domain names that are available are purchased for client within 24-72 hours of subscribing, during regular business hours. Simply stated: if you subscribe to a hosting plan that offers free domain name on a Friday night after hours, it will not be processed until approximately Monday, excluding holidays.

Domain Renewals:
For your protection and to meet the ICANN regulations, Client understands that regardless of where the domain(s) are purchased through and by whom, it is the Client's responsibilty to renew their domain and keep their information updated. Domain registrars will send out email notifications usually 90 days, 60 days, 30 days and 15 days before it is set to expire, and as such it is important the Client keep their contact information updated with registrar to receive these notifications. Client understands that updating their billing and contact information on Service Provider's website is strictly for purposes of any services direct through us and that it is client's responsibility to ensure this same information is updated on the registrar's website.

Service Provider is not responsible for any losses associated with not renewing domain(s) in a timely manner as set forth by the registrar terms of service or lost due to registrar revoking these domains for whatever reason. In the event that Client looses their domain registrar account information, Service Provider shall do their best to work with you to help you obtain this information per the policies set forth by the domain registrar.

E-Commerce Services

1. Overview:
The following terms of service apply towards any and all e-commerce software related subscription services.

2. Custom Version of osCommerce:
Service Provider offers our hosting clients a customized version of osCommerce free with the subscription to any of our UNIX e-commerce hosting plans. This customized version includes the default open source PHP osCommerce shopping cart program released under the GNU General Public License which includes our set of custom administrative tools, and various preinstalled osCommerce original contributions and features. See our live demo HERE for details and current list of installed contributions / modules.

3. Exclusive Contributions / Modules / Add-ons:
Service Provider reserves the right to reuse, resell, or redistribute any exclusive original modules, features, or contributions made for your e-commerce shopping cart software by us. If you wish to purchase exclusive rights to any modules, features or contributions that we create for you, please speak with a Service Provider representative for pricing information.

4. Existing Contributions:
Service Provider offers installation services for existing oscommerce contributions, found on the oscommerce.com web site. Pricing varies based upon the complexity of the contribution, the version of oscommerce that you are using, and time involved for installation and testing. Installation services include full installation of the existing contribution into your oscommerce system as per the instructions included within the contribution, and initial testing.

Service Provider offers no warranties on instalaltion of existing oscommerce contributions not authored by Service Provider, nor any guarantees that the contributions you have selected will function as described on oscommerce.com. All support related issues should be directed to the author of the existing contribution. In the event that you do request installation of specific existing oscommerce contributions that we have never worked with previously, we reserve the right to charge additional service fees to fix any bugs or problems that we do find, after your approval.

Service Provider reserves the right to refuse orders for installation of existing contributions or our client oscommerce system, if we have previous experiences with said contributions / 3rd party hosting providers to be buggy, non-functional, or that is deemed non-compatible with our custom version of oscommerce.

Service Provider is not responsible for incompatibility issues with your current hosting provider. In the event that we discover an installed contribution does not work properly with your current hosting provider, we shall provide you with a list of modules / plug-ins / server settings / software that are necessary in order for the contribution to work properly. It is your responsibility to then contact your hosting provider to provide them with this list to see if they are willing to provide you with the items needed for this contribution to work properly.

5. Shipping / Payment Modules:
Client using our customized version of oscommerce, or their own e-commerce system, with our hosting services, or that of a third party hosting provider, hereby understand, acknowledge and agree to the following:

a. Shipping and payment modules connect directly with a 3rd party provider in order to return data to your shopping cart system. This can range from "real time" shipping rates, to the processing of credit cards with your merchant credit card processor. Some of the more common 3rd party providers include: UPS, USPS, FedEx, Linkpoint, Authorize.net, Paypal, and others.

b. Ocassionally the 3rd party service providers connectivity may be interrupted due to issues on their servers, and that Service Provider is not responsible, nor can correct these occassional connectivity issues. Connectivity issues with these providers can result in incomplete transactions, shipping rates not being returned, or browser time outs. These issues do not happen very often and are usually resolved within a few hours.

c. Ocassionally these 3rd party providers may change the way connectivity is done with their servers with or without notifying you. In such cases you may notice some of the above connectivity issues lasting for longer than a 24 hour period. If you notice these issues last longer than 24 hours, please contact us by clicking [HERE] to report the specific problem you are encountering.

d. For shipping and payment modules that are originally authored by Service Provider, adjustments shall be made to resolve these issues at no extra cost to you on a first come, first serve basis. For shipping and payment modules that were NOT originally created by Service Provider, regardless if they come preinstalled with our customized version of oscommerce, additional fees may apply to resolve these issues, which you will be notified of before work has begun.

e. Any revision work to be done on existing shipping / payment modules is on a first come, first serve basis. Many issues can be resolved in as little as 24 hours, however more serious issues with connectivity to said 3rd party providers who have recently changed their systems without notifying you as the customer, may take as much as several weeks or more. If you receive any notifications from these 3rd party merchants that indicates changes to their system which MAY / CAN effect how your oscommerce system connects, it is your responsibility to forward a copy immediately to to ensure we are able to prepare for said changes as quickly as possible. Please be sure to include your domain name, admin url, and admin username and password for your system to allow us to trouble shoot as quickly as possible.

f. All versions of oscommerce come complete with default stock payment modules, and shipping modules which can easily be turned on and off at anytime via your admin tools. Some of these include: default credit card module (collects credit card data, but requires you to process manually), check / money order option, purchase order system (house accounts), table rate shipping (allows you to indicate how much to charge based on total weight of order), free shipping, "in-store pickup", and many others. These default modules do not connect with any 3rd party providers and allow you to continue collecting payment information and charge your own shipping rates. As such you understand that it is your responsibility to turn the existing 3rd party modules that are not working properly off, and turn the default ones on ASAP before contacting us, to ensure that customers can continue to place orders on your web site.

Terms Of Service: Payment Policy

1. OVERVIEW:
Service Provider offers different payment options for development services and subscription services, as designated within your service contract or subscription contract. Please see your service contract or subscription plan and corresponding policies for specific details and payment schedule. Client may request a copy of their current service contract & subscription contract with specific payment terms & schedule at anytime by contacting us. It is the Client's responsibility to know their payment terms, payment schedule, ensure payments are made by the due dates, and ensure that Service Provider is given the most up to date contact / billing information.

By using services provided by Service Provider, Client agrees to the following payment policies.

2. PAYMENT METHODS:
a. SUBSCRIPTION SERVICES: All recurring subscription services are paid via recurring credit card billing in advance for that term length of service. Example: if you are on a monthly hosting plan, you will be automatically charged once per month in advance for the following month of services. It is the Client's responsibility to have a valid credit card number, expiration date, billing name, and billing address on file for the length of the subscription term or until cancellation. New / updated credit card information can be submitted at anytime securely online by logging into our client control panel and clicking the UPDATE BILLING INFO link.

b. DEVELOPMENT SERVICES: Invoices for web development services are sent out on weekly basis via email in accordance with your payment schedule, which include the service contract / project number, amount due, due date, and acceptable payment methods. Payments are due by the DUE DATE listed on the invoice. If payments are not received by the due date, then all work will be stopped until payment is received.

c. INTERNATIONAL CLIENTS: For clients who are living outside of the United States, all web development services and subscription services require payment in full before work can proceed. Methods of payment accepted for international clients for web development services include: bank wire transfer, certified bank check. Service Provider reserves the right to limit the payment options made available to the client based upon their location and laws governing.

3. RETURNED CHECKS / WIRE TRANSFERS:
Service Provider will bill client $50.00 fee per returned check / wire transfer for the first occurrence, and $50 fee per returned check / wire transfer + collection fee for the second occurrence. Service Provider reserves the right to no longer accept checks / wire transfers from the Client in cases of at least 1 returned check, in which case alternative methods of payment will be offered to the Client. Service Provider reserves the right to stop and / or suspend all services until payment is made in full including all fees.

4. CREDIT CARD PAYMENTS & CHARGEBACKS:
Service Provider accepts Client credit cards for subscription services and development services. By providing a credit card for payment, you agree to and accept the following:

a. DECLINED CREDIT CARD FEES: Service provider reserves the right to charge your account a $1.00 service charge every time your card is declined, up to 14 days / $14. In the event that the Client credit card on file is declined for two billing cycles in a row for subscription services, Service Provider reserves the right to set a new payment schedule for said subscription services that shall supercede all previous subscription payment terms, which will require the Client to make prepayment in full for multiple billing cycles in order to continue said subscription services. Failure to comply with this new payment schedule shall result in cancellation of your subscription accounts immediately.

b. CREDIT CARD CHARGEBACKS: Client understands that any attempted / successful credit card chargebacks for any payment previously provided to Service Provider toward payment of any service / invoice, shall be considered intentional fraud and treated correspondingly by seeking all available financial relief allowed by law.

In the event of a credit card chargeback initiated by the Client or their issuing bank, Service Provider shall charge an additional fee of $150 added onto your account balance, for administration time for submitting a dispute to your credit card company.

c. RIGHT TO REFUSAL: Service Provider reserves the right to no longer accept credit cards as a method of payment from a Client who has had at least one decline or one chargeback. If you have questions or concerns pertaining to your subscription or development credit card charges, please speak to a representative before attempting a chargeback.

5. OVERDUE BALANCES & COLLECTIONS:
Service Provider policy & procedure for collecting on Client overdue balances, is agreed upon by Client and as follows:

a. In the event that Client is overdue on payment, Service Provider reserves the right to suspend ANY and ALL web development services and subscription services on your account due to any overdue balances. Notification of suspension shall be sent out by Service Provider via Client registered email address, fax number, or mailing address on file with a payment deadline date for payment in full before the account is sent to collections.

b. If client fails to meet the payment deadline date within the suspension notification, Client understands their account shall be sent to collections and all subscription services shall be cancelled. Any work assets created for Client prior to suspension of services, shall be saved onto CD-Rom media and only provided to the Client ONLY once the balance on account is paid in full.

c. Service Provider may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue balance remains unpaid.

d. In the event that Client account is sent to collections, Client understands they shall be responsible for the account balance + all collection fees + all court costs + all legal fees related to Client account.

6. LIABILITY:
Service Provider and it's affiliate companies, cannot be held liable for any loss of income, due to suspension of services, domain name expiration, removal of "web site" for lack of payment, hosting server hardware failures, unauthorized access to your hosting account, "hacking" of your web site, or cancellation of services by the customer.

Pricing Policy

Pricing Policy:
Service Provider reserves the right to change pricing without notification. For current Clients, an email will be sent out regarding any pricing changes that will increase or decrease your current service rates.

Refund Policy

Refund Policy:
If within 30 days from project start client is not satisfied with services and wish to cancel, client shall receive a refund for any uncompleted work and services. No refunds are given for completed work, nor on set-up fees. Completed work shall be determined by comparing the delivered work assets against each item listed within the service contract. No refunds are given after 30 days from start of project.

No refunds are offered on any subscription service. This includes but is not limited to: domain registration, SSL certificates, hosting subscriptions, search engine submission, search engine ranking reports, and guaranteed top 10 rankings. Any refunds due shall be sent via a check or refunded back to your credit card on file, based upon your original payment method, within 14-30 days unless otherwise indicated.

Lawful Purpose / Indemnification

Lawful Purpose:
Service Provider reserves the right to refuse service to anyone. Regardless of the place of signing this agreement, whether written or electronically, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Macomb County, Michigan, and any dispute will be litigated or arbitrated in Macomb County, Michigan. Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Macomb County Courts. IN NO EVENT SHALL Service Provider'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification:
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Service Provider HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Service Provider, ITS AGENTS, ITS Client, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Service Provider AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Service Provider's SERVICES; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT; (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM Service Provider'S; (5) THE LOSS OF ANY ELECTRONIC FILES, DATABASE FILES, OR ANY OTHER FILES KEPT ELECTRONICALLY ON YOUR HOSTING ACCOUNT.

Disclaimer:
Service Provider WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Service Provider MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Service Provider 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 Service Provider AND ITS EMPLOYEES. Service Provider RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Service Provider MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

If you have additional questions regarding our company policies, please contact us [HERE].

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