CreativelyWebbed Web Hosting Terms & Conditions Agreement

You must accept the terms of this Agreement in order to use the Services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

CreativelyWebbed Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the CreativelyWebbed Website. Your continued use of Services following CreativelyWebbed's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

You further agree to abide by the terms of service and rules of any software that CreativelyWebbed Hosting installs on your behalf on our server.

CUSTOMER SERVICE
For Websites NOT designed by CreativelyWebbed, Galleries, Message Boards, Blogs and other like software, CreativelyWebbed Hosting provides no customer support beyond that of installing the software, providing login information for the gallery or blog or FTP information, and basic usage instructions.

TERM:
The agreement set forth in this document is for the period of one year. Unless termination notice is recieved, the Service will automatically renew at the end of that year for a renewl period of one year. An invoice will be sent near the end of the initial period.

TERMINATION:
If you terminate your contract with CreativelyWebbed Hosting before your term is over, CreativelyWebbed will not refund to you any fees paid in advance of such termination, including the annual service fee. Notwithstanding the foregoing, if you terminate your service with CreativelyWebbed Hosting within two (2) weeks of the reciept of payment, we will refund you any fees paid in advance, not including any setup fees. All termination requests or notices must be submitted to CreativelyWebbed in writing within the first two (2) weeks of service, following reciept of payment.

CreativelyWebbed Hosting reserves the right to refuse service to anyone at any time. However, if CreativelyWebbed should deem it necessary to initiate termination of services with you, CreativelyWebbed Hosting specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall CreativelyWebbed Hosting be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

PAYMENT:
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you may choose to pay with Paypal or with a Debit or Credit Card through Paypal (no account needed). At the end of each billing cycle (your term year) a new invoice will be sent out. Failure to pay this invoice will result in your hosting account being terminated.

CHARGEBACKS:
If you ever feel that CreativelyWebbed Hosting incorrectly charged your credit card you must contact us for a correction. If you do contact your credit card company or Paypal and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.

ACCEPTABLE USE:
YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. CreativelyWebbed RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on CreativelyWebbed's hosting is in a condition that is "server-ready," which is in a form requiring no additional manipulation by CreativelyWebbed. CreativelyWebbed will make no effort to validate any of this information for content, correctness or usability. You must have the necessary knowledge to create and maintain your Web site. It is not CreativelyWebbed Hosting's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and CreativelyWebbed Hosting .

CreativelyWebbed Hosting is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, CreativelyWebbed Hosting has the right, but not the obligation, to edit, remove, or deny access to such content. Pornography and sex-related merchandising are prohibited on all CreativelyWebbed Hosting servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. CreativelyWebbed Hosting also upholds any and all laws applicable to the content of sites hosted on our servers and/or network.

CreativelyWebbed has the right to reject uploaded material at any time for any reason.

CreativelyWebbed Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. CreativelyWebbed Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

ACTIONS:
CreativelyWebbed Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, CreativelyWebbed Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on CreativelyWebbed Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by CreativelyWebbed Hosting which, in CreativelyWebbed Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes CreativelyWebbed Hosting to civil or criminal liability or public ridicule. It is CreativelyWebbed Hosting 's policy to terminate repeat infringers. CreativelyWebbed Hosting's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If CreativelyWebbed Hosting takes corrective action due to such possible violation, CreativelyWebbed Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.

STORAGE:
Website Hosting is limited to 10 pages per account. Additional pages will incur a monthly fee of $5.00 each. Storage of PDFs or other downloadable media counts as a page. Data stored in your user account on CreativelyWebbed.com is not owned by CreativelyWebbed Hosting; therefore Data preservation is the ultimate responsibility of you, the client. CreativelyWebbed Hosting is in no way responsible for the client's data and or the backup of that data.

INTELLECTUAL PROPERTY:
Material accessible to you through CreativelyWebbed Hosting's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the CreativelyWebbed Hosting services in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the CreativelyWebbed Hosting network. If you use a domain name in connection with the CreativelyWebbed Hosting service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. In addition, CreativelyWebbed Hosting provides NO WARRANTY for the usage of third party programs, services or design codes.

SERVICE INTERRUPTIONS:
Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. Under no circumstances will CreativelyWebbed Hosting, its agents or its vendors be held liable for any financial or other damages due to such interruptions. In no event shall CreativelyWebbed Hosting, its agents or its vendors be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

WARRANTY DISCLAIMER:
CreativelyWebbed Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, CreativelyWebbed Hosting is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond CreativelyWebbed Hosting's reasonable control. CreativelyWebbed Hosting provides NO WARRANTY for the usage of third party programs, services or design codes.

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY CreativelyWebbed Hosting UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT CreativelyWebbed Hosting EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH CreativelyWebbed Hosting's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. CreativelyWebbed Hosting DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TotalChoice Hosting DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

You warrant, represent, and covenant to CreativelyWebbed Hosting that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

LIMITATIONS:
IN NO EVENT SHALL CreativelyWebbed Hosting, its agents or its vendors HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO CreativelyWebbed Hosting , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. CreativelyWebbed Hosting SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CreativelyWebbed Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF CreativelyWebbed Hosting TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO CreativelyWebbed Hosting BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY CreativelyWebbed Hosting UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE CreativelyWebbed Hosting and all of its agents FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.