This service agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of web development, web hosting, website maintenance, and other Internet-related services provided by Dazzle Sites, (the "Services"). As used in this Agreement, "Provider" means Dazzle Sites or its successors, and "Client" means you, and "Site" refers to the website you contract with us to develop, host, and maintain for you. By ordering our services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and policies.

1. Appropriate Use of Services

Provider provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content

Client agrees that you will not distribute, electronically transmit, or display any materials on or through the Site which violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory or promote hate or violence. Client agrees that you will not send malicious e-mails which contain viruses or other computer programming defects which result in damage to any system connected to the Internet.

Bandwidth

Client may occupy only the amount of disk space on Provider servers and utilize only the network bandwidth that Client has subsceribed to. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan, according to the current fee schedule on the Dazzle Sites website.

SPAM Prohibited

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices that mention or reference any domain hosted through Provider. WE RESERVE THE RIGHT TO FINE VIOLATORS $500 PER INCIDENT OF SPAMMING ABUSE.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services. Pirated copies of software is prohibited.

Back-Up Files

Provider will maintain a back-up of those files which it has developed for Client. However, Client is responsible for making back-up copies of files, data, and other information that you supply to Provider. Backup capability is available through the Client’s Control Panel.

2. Payments, Termination, and Reinstatement

Payment Obligations

Payment is due on the due date. If payment is not made by the due date, Client's Site will be suspended the following day and remain in suspension until payment is received. No reimbursement will be made for the period of suspension, since the Client's Site is still occupying space on the Provider's server. If payment is not received after two weeks, the Client's Site will be deleted. A deleted Site may be restored with payment of the balance due plus a reinstatement fee up to one month after the payment becomes past due. Past that point, the Client's only option is to pay to have another Site developed and hosted.

Inactive Site

Client may choose to have your Site removed from Internet access, but maintained on Provider's server in an inactive status for future activation, by paying a small monthly storage fee as listed on the Dazzle Sites website. This storage fee provides for storage only, and no maintenance of the website. All aspects of the Site will be unavailable during the period of inactivity, including email addresses, databases, email lists, etc.

Termination

Provider reserves the right to refuse service to anyone. Provider may, in its sole discretion, immediately terminate this Agreement if Client violates any term of this Agreement. Client may terminate the Agreement at any time, but the termination will go into effect at the end of the current one-month subscription period.

3. Liability

Client agrees that in no event shall Provider be liable for any disruption of service or any consequences thereof; or that Provider shall be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Provider from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Taxes

Client will pay and indemnify and hold Provider harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

ALL SERVICES ARE PROVIDED TO CLIENT ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ALL SERVICES, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. PROVIDER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SITE OR ANY PROVIDER PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PROVIDER'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

4. Miscellaneous

Any notices or communication Client wishes to deliver to Provider under this Agreement shall be in writing through email and shall be deemed delivered to the party when sent to the email address specified on the CONTACT US page of the Dazzle Sites website and a return email verification is received by the Client at the return address specified in the email. Client agrees to keep Provider informed of a valid and active email address through which Provider can communicate with Client. If Provider is unable to communicate with Client through the email address which Client provides to Provider, this Agreement may be canceled immediately.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Provider. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. Provider reserves the right to change this Agreement and its policies without notice. Continued usage of the Services after a change to this Agreement or Provider policies is implemented and announced either through email or on the Dazzle Sites website constitutes your acceptance of such change or policy.