Service Terms And Conditions For Service

GENERAL UPDATES AND ACKNOWLEDGEMENTS

Management Systems Solutions, Inc. is a Technical Solutions and Internet services company specializing in the delivery of technical solutions for small to medium sized businesses who wish to have an Internet presence, and/or other services that may be offered through this site.

By completing the services request process, in the subscription for services to be delivered, from ‘The Delivery Provider’, the Client acknowledges, and confirms agreement to, and obligation to comply with, all stated or referenced Terms and Conditions for Service delivery within, and referenced from this servcie notice. This Terms and Conditions for Service service notice, and anyl other referenced agreements, and policy documents, are subject to change. ‘The Delivery Provider’ may amend this agreement periodically and it is the responsibility of the service user (“Client”) to monitor these Terms and Conditions for Service documents for any changes.

Each posting to the Company site will be acknowledgement of your agreement to any new or revised Terms and conditions for Service. If you do not agree with any new or revised Terms and Conditions for Service, you (”Client”) must stop use of ‘The Delivery Provider’ services immediately. Upon termination of use of service(s), the Client must send notification by facsimile or registered US postal mail service of your actions and dispute description of the respective
Terms and Conditions for Service. Termination by ‘The Delivery Provider’ of services delivered may be a final resolution if the dispute can not be resolved. ‘The Delivery Provider’ as the sole governing body will make decisions on all disputes (policy, agreements, financial payments, or otherwise). The decisions will be made in an impartial manner that can be fair to both ‘The Delivery Provider’ and all of its Clients.

SCOPE OF SERVICE

‘The Delivery Provider’ will provide support and solution service(s) for delivery to the Client upon receipt of (a) acknowledgement of the Terms and Conditions for Service, (b) acceptable request for delivery of services, and (c) all required Client billing payments are satisfied. These services include, but are not limited to, (a) Design, Hosting, and Support of Internet WEB sites, (b) use of electronic mail account(s), (c) network consulting services, (d) LAN/WAN design, (e) Internet access, (f) wireless services setup, (g) remote access communications, or any other (h) busienss/property management enhancements.

1. Description of Services
The services are packaged/grouped as delivery service plans. These service plans describe the specific areas of service delivery and the specific items to be delivered under each plan. The main areas of these are as described under the Services section of this web site.

2. Delivery of Services
Upon the Client completion of appropriate service conditions,service delivery information will be distributed to the Client. ‘The Delivery Provider’ will initially gather and develop service delivery information and issue appropriate direction for setup, access and use of the specific service purchased by the Client.

3. Payment of Services
The Client agrees to make payment for services that the Client has received through assignment, allocation, setup, request, given systems permission to use, or otherwise received for use that are under control and management of ‘The Delivery Provider’. Payment for services are accepted electronically through a secure, subscribed third party Internet payment service. Late service payments may be subject to additional late payment fees.

GENERAL PROVISIONS OF SERVICE

The below general provisions of service to the Client define or describe certain ownership and responsibilities or agreements and/or policies of/to the Client. These provisions of services are made by ‘The Delivery Provider’, and shall be under sole and final interpretation of ‘Delivery Provider’ should any dispute arise.

1. Management of Data
It is the sole responsibility of the Client to give access to, maintain, backup, restore, translate, secure, employ anti-virus software, transmit of, or receipt of, the Client data maintained within ‘The Delivery Provider’ services. Daily backups are performed on the ‘Delivery Provider’ systems for the sole purpose of restoring operational service in the event of a ‘Delivery Provider’ service failure. ‘The Delivery Provider’ maintains that the Client information is confidential to that Client and shall not disseminate or distribute Client specific data without the expressed agreement, in writing, of the Client. ‘The Delivery Provider’ maintains records, of site contact information, billing information, and site statistics solely for purposes of internal operations and support of delivery services for ‘The Delivery Provider’.

2. Ethical Use and Operation
‘The Delivery Provider’ will not provide services to any potential client that may be involved in unethical, illegal, or otherwise offensive in nature. The Client agrees to not alter, make copyright infringements, change, modify, or delete any site data that is not under its ownership. The Client agrees to not make or distribute any harassing, threatening, illegal, misrepresentations, obscene, fraudulent or otherwise offensive offers or distributions through the use of ‘The Delivery Provider’ services, which may bring discredit to ‘The Delivery Provider’. The Client agrees to not alter or change any electronic mail messages or data postings to reflect incorrect sender / receiver information, that may be sent or received through the ‘Delivery Provider’ services. ‘The Delivery Provider’ services should not be used to provide false identification, nor attain information through deceptive means. The Client agrees to provide correct and truthful business/personal information in the request for services and is of legal age to enter into this agreement for services and delivery of the service of the ‘Delivery Provider’. In no way, shape, or form of misrepresentation of affiliation, partnership, agreement with, or with authority of, is the Client to make claims on behalf of ‘The Delivery Provider’ without an expressed and written approval of ‘The Delivery Provider’.

3. Modifications
‘The Delivery Provider’ maintains the right to change, alter, or modify these terms and conditions set forth in this description and all referenced service descriptions. Changes will be posted on this web site, and it will be the sole responsibility of the Client to reference these terms and conditions for any notices of these changes. It is agreed that continued use of the service(s) by the Client is an agreement (Client) to be  bound to the new terms and conditions posted. ‘The Delivery Provider’ maintains the right to modify and/or discontinue any/all specific service to the Client. This may be with or without notice of such actions. Service and service plan change notifications will be posted at the ‘Delivery Provider’ web site. It should be noted that policy changes will be in effect immediately,and pricing changes will be in effect immediately for new servcies or at current payment plan renewal date (whichever occurs first).

4. Storage Service
The Client usable allocated space varies with each type of hosting plan purchased. This server space represents the 'total’ server space allocated for Client use. Additional charges will be added for Clients overages of server space based in 50MB increments. Each additional 50MB increment unauthorized over the Client allocation will be billed at $10 USD / Month, and added to the Client plan billing period charges. Payment will be due in accordance with the Billing and Payment Policy and Agreementsservice notice. It will be the sole responsibility of the Client to monitor, maintain, and manage the server disk space allocated for the Client’s use. Additional server space is available through various storage space plan rates as described under the Pricing section of this site.

5. Notices and Communication
All service notifications by the Client to ‘The Delivery Provider’ must be in the form of any of the below:

a. Service, support, or general service requests for on-going services can be made through the business WEB site.
b. General questions, comments, or information can be attained through electronic mail from the contact information page on the business WEB site.
c. Requests for complete termination of all service from ‘The Delivery Provider’ from a Client will need to be in the form of a signed document (by authorized representative – stating so) and delivered to ‘Delivery Provider’ by means of facsimile, or registered US postal delivery and Support System notification sent for the Support Team review and Accounts notification.

Notification sent to the Client on behalf of ‘The Delivery provider’ shall be granted as
given or delivered through any of the following methods of communication:

a. Sent to the Client by means of electronic mail to the primary contact user name or alternate.
b. When sent by US postal services to attention of the Client, or Client appointed representative and sent to the legal mailing address recorded for the Client.
c. Handed to or delivered by hand to Client or Client appointed representative at the legal physical US postal mailing address for the Client.

The Client and ‘The Delivery Provider’ agrees that, in the case of communications by means of electronic communications (i.e. e-mail), the representing user identifications indicating the sender and receiver shall be sufficient in determination of the originator and recipient of the intended communication. This form of communication will also be sufficient in determination of the authentication of the content of any such communication and has the same effect and authority as a legal document written and having a Client signature. Communication in this electronic form or printed copy of this communication can serve as valid and accurate representation of the original content.

From time to time, ‘The Delivery Provider’ may distribute service specials via e-mail to the Client, or posting to the business WEB site. All other notices, changes, or informational messages will be posted under the business WEB site.

It will be the responsibility of the Client to notify Management Systems Solutions, Inc. of Customer contact information changes (i.e. primary contact, business address, phone number), and also for billing  information changes (i.e. billing contact person, billing name, billing address). Management Systems Solutions, Inc. will not be responsible for any service stoppage due to non-communication of vital billing and payment business changes of the Client that would be needed for continuous delivery of services.

6. Termination

a. Either Client or ‘The Delivery Provider’ may terminate service delivery of ‘The Delivery Provider’ with or without cause at any time effective immediately upon the delivery of service from ‘The Delivery Provider’ and in accordance with Section 5(c) above for each Client and ‘Delivery Provider’ method.
b. ‘The Delivery Provider’ shall not be liable to the Client or any third party member for any damages, losses, or otherwise due to termination of any service.
c. Service and billing of Client for service, will be terminated immediately upon receipt and confirmation of request by an authorized and appointed Client representative.
d. The Client will remain responsible to complete any form of financial obligation to ‘The Delivery Provider’ that may have existed prior to the termination of service.
e. The Client acknowledges that upon termination of service, the data, files, or any other information stored on, within, or sent through ‘The Delivery Provider Service’ will no longer be accessible to the Client, and will be irretrievably removed from ‘The Delivery Provider’ system.
f. In the event that a Client becomes dissatisfied with ‘The Delivery Provider’ service, the only recourse for the Client is to: Immediately discontinue use of any and all services; Accomplish termination notification according to Section 5(c).
g. Upon termination of service the Client agrees that all rights to any software (owned and under the rights of ‘the Delivery Provider’) distributed by ‘The Delivery Provider’ shall be terminated and the software will be returned to ‘The Delivery Provider’ at the Client’s expense.
h. The Client agrees that any activities (or anyone using Client service(s) either with or without the Client permission) that violate any of this Terms and Conditions for Service servcie notide or any referenced document within, pertaining to agreements and policies, will be substantive grounds for termination for service.
i. ‘The Delivery Provider’ in no way will be responsible, obligated, or liable for reservation of any service, transfer of any data, transfer of domain, registration of a Client site, or continuation of services upon termination of the Client service.
j. It will be at the sole discretion of ‘The Delivery Provider’ as to the definition and determination of Client violations of this Terms and Conditions for Service document and referenced document within. Also, ‘The Delivery Provider’ reserves the right to pursue any and all legal and equitable claims against the Client for any reason based on the grounds for termination of service that may have been damaging or harmful, in any way, to ‘The Delivery Provider’, its services, affiliates, or employees.

7. Service Use Ownership
The service(s) delivered by ‘The Delivery Provider’ is provided to the original requesting Client that completed the initiating service request and acknowledged of this Terms and Conditions for Service document and all agreements and policies within.

a. The Client agrees not to transfer, resell, or assign the services delivered or otherwise requested by the Client without the expressed and written agreement of ‘The Delivery Provider’.
b. Services delivered to the Client may be transferred as in the case of agreement and written  understanding between ’The Delivery Provider’ and its subsequent reseller affiliates.
c. Delivery of service by ‘The Service Provider’ may be terminated for any transfer of services accomplished by the Client without prior agreement as expressed in Section 6(a).

8. Limited Liability
‘The Delivery Provider’ shall not be responsible or liable for direct, indirect, incidental, subsequent, or consequential damages, resulting from the use or inability to use ‘The Delivery Provider’ service.

a. The Client agrees that the reliability, availability, or performance of resources accessed, whether on the Internet, other third party service, or otherwise connected or gained, and may be beyond or even controlled by ‘The Delivery Provider’ is not in any way guaranteed, or warranted by, ‘The Delivery Provider’.
b. The Client agrees that the use of ‘The Delivery Provider’ service is the Client’s sole responsibility, at Client’s own risk and is subject to all applicable civil, state, national, and international laws and  regulations.
c. The Client agrees to bear the sole responsibility for any losses, tangible or intangible, by direct, indirect, special, consequential, or incidental manner, that may occur through the use of ‘The Delivery Provider ‘ service.
d. ‘The Delivery Provider’ will not be held responsible for delivery delays due to unforeseen causes, or other natural, unnatural, Client based, act of God, causes or forces beyond, or under the control of ‘The Delivery Provider’.
e. The Client agrees that any data (or information) used, transmitted, created, or gotten through the use of ‘The Delivery Provider’ service is not guaranteed to be free of any destructive third party applications  (viruses, worm applications, or otherwise). Also, the Client agrees that this data (or information) is susceptible to interception or corruption of data, as related to doing business over, or having access to, the Internet.

9. Disclaimer of Warranties

a. ‘The Delivery Provider’ makes no warranty for service, merchantability, or fitness for use, whether expressed or implied by any third party, associated or non-associated business, Client provided, or ‘The Delivery Provider’ for any goods or service provided through, by, or for the ‘Delivery Provider’ service.
b. The delivery of service by ‘The Delivery Provider’ is provided on an ‘as is’ or ’as available’ basis. No warranty is given that the services delivered will meet Client specific requirements, or the service will be delivered timely, or uninterrupted.
c. No warranties are given that any data, information, transactions, or services made through, or passed by the use of ‘The Delivery Provider’ services will be error free or secure.

10. Indemnification
The Client agrees to indemnify and hold ‘The Delivery Provider’, its subsidiaries, partners, affiliates, officers, and members harmless against all liability, cost, claim, or demand, including reasonable attorney fees related to or from:

a. Client (or anyone using Client service(s) either with or without the Client permission) violation of this Terms and Conditions of Service agreement, and policies.
b. Client (or anyone using Client service(s) either with or without the Client permission) use of ‘The Delivery Provider’ service.
c. Any loss or damage of any Client (or anyone using Client service(s) either with or without the Client permission) data and information transmitted, stored on or placed through the ‘Delivery Provider’ service.
d. Client (or anyone using Client service(s) either with or without the Client permission) injury (physical or mental) or death as related to any use of ‘The Delivery Provider’ service.
e. The infringement of any Client (or anyone using Client service(s) either with or without the Client permission) intellectual property rights or other right of any person or entity arising form the use of ‘The Delivery Provider’ service.
f. Any loss or damage to Client (or anyone using Client service(s) either with or without the Client permission) by any products sold, distributed, or otherwise attained in connection with ‘The Delivery Provider’.
g. Breach of contract, negligence, or misrepresentation made by the ‘Delivery Provider’.
h. Technical or typographical error within this Terms and Conditions of Service document and any other documents referenced or expressed pertaining to agreements and policies.

11. Disputes and Settlement
This Terms and Conditions of Service document and all referenced agreements and policies shall be governed and interpreted in accordance with the laws of the State of Georgia, in the United States of America. It is agreed that any disputes requiring the intervention of and under any requirement of legal matters shall be under the jurisdiction of the courts located in the Greater Atlanta, Georgia, USA, review and rulings.

a. If any provision within the Terms and Conditions of Service notice, or any referenced agreements and policies document, are determined to be invalid, illegal, or unenforceable by law, the validity, legality or enforceability of any other provision shall not be affected or impaired in any way by the unenforceable agreement provision. The provision deemed unenforceable shall be interpreted as closely as possible to reflect the intent of meaning conveyed and agreed upon by both Client and ‘Delivery Provider’.
b. The Client agrees that any action or claim that the Client may have against ‘The Delivery Provider’, arising out of or related to ‘The Delivery Provider’ service, must commence within six months of the initiating cause of action or claim. Otherwise any such action or claim is permanently restricted and barred and the Client will have no further recourse for that action or claim.
c. A failure by ‘The Delivery Provider’ at any time to insist upon strict compliance with any of agreements or policies within this or any referenced agreement and policy notice does not constitute any type or form of waiver of any such agreements or policies at any future point in time.
d. Should any necessary legal action be taken against the Client for enforcement of any form or part of this Terms and Conditions for Service notice or any referenced agreements and policies, such as collection of monies due for service(s) delivered, the ‘Delivery Provider’ shall be entitled to recover any and all reasonable attorney fees and expenses of such necessary legal actions.

Acceptable Use And Services Abuse Policy

This policy is set forth as a guideline in describing a ‘fair and good’ use of the provided services by 'The Delivery Provider'. Information that is transmitted through the use of, or accessed from, the Internet is not specifically monitored by a central governing body. Management Systems Solutions Inc. (Delivery Provider) will not be held responsible for any unsolicited advertisements of services, or marketing distributions that are not initiated by Management Systems Solutions, Inc. It is known that there are personal as well as business risks associated with operations of business and personal WEB sites connecting to the Internet. Management Systems Solutions, Inc. shall not be held responsible for any information that is conveyed, sent, depicted, or represented from/of a 'Customer' site that is hosted by Management Systems Solutions, Inc.

Although we make every attempt to provide legitimate services to our Customers, 'The Delivery Provider' can not control or govern the services or offerings provided by them or any other third party source. Each Client utilizing this site's services are required to acknowledge acceptance of the service delivery conditions, policies, and privacy information and any/all referenced policies and agreements within this notice.

We do not condone or accept illegal business or activities to be hosted by 'The Delivery Provider', and in no way shall be responsible for any business success or failure that is associated with the risks of performing or operating an Internet business. This document applies mainly to services carried out by 'The Delivery Provider' in support of its Clients in a good and fair practice of service delivery.

Acceptable Use

Various activities performed through access of the Internet are not allowed or considered acceptable. The below activities are not acceptable practices of use or activity or use by a Client or any owned subsidiary of the Client or any of the Client employees or any relationships to the Client thereof:

1. A Client using the services to Illegally, or through unauthorized means, access other computers or networked systems other than the Client owned systems without the expressed and given consent of the accessed computer or network systems owners. This system 'hacking' is strictly prohibited. Any such activities discovered will be reported immediately to the proper governing authorities and the 'Service Provider' may withdraw services to that Customer, and possibly without notice.

2. Unsolicited E-mail with the intent to do harm or disrupt normal operations of any systems from which the Customer may have gained access or e-mail information. This, more commonly known as 'spamming', is prohibited within the 'Services Provider' systems and networks. A Customer, discovered to be / have engaged in such activities while under the 'Delivery Provider" services, will have services terminated, and possibly without notice.

3. A Customer having any unauthorized use or association with the 'Delivery Provider' name or representations not authorized by the 'Delivery Provider' will be grounds and evidence for immediate termination of the 'Delivery Provider' services to the Customer. In no way, shape, or form is the 'Delivery Provider' authorizing association, affiliation, or partnership with any Customer or business otherwise. Any damages incurred from any misrepresentation to the 'Delivery Provider' will be due for restitution from the offending Customer, as well as any special or legal fees involved in the restitution process on behalf of the 'Delivery Provider'.

4. ‘The Delivery Provider’ is an Internet services provider of technical servcies. It is understood that site content supported or conveyed by use of these services is solely the responsibility of the Client. ‘The Delivery Provider’ does not have responsibility for Client site content or services expressed or otherwise implied.

5. The Client will not attempt to gain use of, access, or exploit areas of services not expressly authorized in writing to the Client in the form of a service plan from  ‘The Delivery Provider’. The Client also agrees to not attempt or gain access to other ‘Service Provider’s’ Clients and their data by any means of system manipulation or perpetration, of which explicit authorization has not been given. Any unauthorized use of or access can lead to immediate termination of services, possibly without notice, and potentially with legal recourse.

6. ‘The Delivery Provider’ provides services to the Client with the understanding that these services will not be utilized in any form of display, transfer, promote, solicit or attainment of data used for any illegal activities, which includes, but not limited to, pornography, spamming, hacking, or unsolicited marketing. ‘The Delivery Provider’ will cooperate with court appointed persons or assignees in the investigation of illegal activities or Clients operating within ‘Delivery Provider’s’ services.

7. It is the sole responsibility of the Client to ensure that ‘The Delivery Provider’ services are not used for:

(a) any offensive, unlawful, improper, or criminal activities
(b) any sexually explicit, cruel, indecent, racist, hate crime, or otherwise illegal, offensive, or objectionable activities
(c) platform for introduction of computer viruses, worms, security hacking, illegal data mining, or otherwise fraudulent acts
(d) violation of any third party ownership, copyright, trademark, or rights not under ownership of the Client
(e) subversion of other Client systems or third party systems
(f) impersonation of another company or having an alias for the purpose of conducting illegal activities.

8. Due to the overwhelming nature of the diversity of businesses and their applications of use on the Internet and ‘The Delivery Provider’s’ services, it will be at the sole discretion of the ‘Delivery Provider’ to determine unacceptable use of services. Any such determination will be based on documented accounts of unacceptable services use, which may lead to termination of services for the offending ‘Delivery Service’ Client. This termination may be without notice or announcement and subject to additional judgement determined by legal action.

‘The 'Delivery Provider’ will not be held responsible for any monetary, data, business, or otherwise damages that may be incurred from termination of services with or without cause.

Services Abuse

The services provided by ‘The Delivery Provider’ are done so ‘in good faith’ to the respective Client of ‘The Delivery Provider’. Fair and acceptable professional conduct in the use of the delivered services is expected. This guideline on service abuse is designed to protect the ‘Delivery Provider’, its Clients, and the accessible Internet community in general from potentially irresponsible acts, or possibly even illegal activities that may disrupt the ‘normal’ business of services delivery of ‘The Delivery Service’ provider or its Clients. The below listing is not inclusive of activities that may be considered as service abuse. It will be a t the sole discretion of The Delivery Provider’ as to what activities may be considered as service abuse.

1. Attempts to obtain any Client information other than own Client information without the expressed consent of ‘The Delivery Provider’ and the respective Client for whom the information pertains is prohibited. Customer information is confidential and unauthorized access attempts will be grounds for termination of services and possible legal action.

2. Attempts to access third party systems (internal and external to ‘Delivery Provider’ services) by Clients without written and explicit permission of those  system owners is not permitted. Termination of services will be immediate upon discovery of this activity.

3. Unauthorized access to additional services not under Client service plan will be grounds for immediate termination of services. Each Client is responsible for maintaining billing and accounting records, indicating what services have been purchased and are eligible for use.

4. Generating excessive amounts of network traffic (i.e. spamming) on the ‘Delivery Provider’s’ system, that disrupts normal service delivery, can be grounds for termination of services to the offending Client.

5. Attempts to interfere with the normal operations of any Customer or ‘Delivery Provider’ systems or security measures will be considered abuse of services and all ‘Delivery Provider’ services to the offending source will be terminated immediately.

6. Any harmful or illegal activities, misrepresentations, or defamation activities made by a Client using the ’Delivery Provider’s’ name will be grounds for immediate termination of services.

Privacy And Security Policy And Agreements

'The Delivery Provider' will respect the privacy of our Clients/Customers and affiliates, their business and employees associated with those businesses. 'The Delivery Provider' also makes every effort to maintain the security of the Client’s information maintained within the services delivered, and in no way will distribute any sensitive Client information to third parties without the Client’s consent.

This section declares the practices used by 'The Delivery Provider' in support of our resolution and commitment to the privacy of our Customer information. All  information received by 'The Delivery Provider' will remain confidential.

Privacy

All information provided to ‘The Delivery Provider’ will be used solely for service delivery and service enhancement efforts. Below are the general guidelines in maintaining confidentiality of your company information provided to ‘The Delivery Provider’:

1. For troubleshooting purposes we may maintain specific information on your account, such as your hosted site IP address information, WEB site traffic analysis, Client side cookies, and affiliate tracking information.

2. Client business specific information such as services pricing offered, Internet traffic, account users and their passwords, WEB site design, and any financial information will be strictly kept secure and not distributed to third parties outsideof the ‘Delivery Provider’ and Client agreements.

3. From time to time, ‘The Delivery Provider’ may distribute to its Customers various service offering specials. These offerings will be from ‘The Delivery Provider’ wholly and its affiliates. Third party vendor marketing advertisements will not be distributed through ‘The Delivery Provider’.

4. The ‘The Delivery Provider’ site, does contain various Internet links to other sites and services for reference services purposes only. In no way does ‘The Delivery Provider’ claim partnership, nor is to be held responsible for these third party company’s service privacy policies and their use of any information given to these sites.

5. ‘The Delivery Provider’ may disseminate Client information through the utilization of third party vendors for the purposes of bill collection. We use a secure third party bill payment service (with information encryption) solely for convenience of Client service payments for service billing and in rare instances, payment collection agencies.

Security

It is generally understood that any information presented or given over the Internet is not necessarily void of the potential hacking, interception, or corruption of information. Management Information Systems Solutions, Inc. makes every effort to keep Customer information secure and confidential. Various forms of data security precautions are solely the responsibility of ‘The Delivery Provider’ Client for which ‘The Delivery Provider’ has no control.

1. ‘The Delivery Provider’ can not guarantee that any and all information transmitted through the use of the Internet by Clients for their business/personal purposes, through the use of provided delivery services of ‘The Delivery Provider’, are 100% secure. ‘The Delivery Provider’ is not responsible for the security of information transmitted over the Internet.

2. The Client is solely responsible to maintain the security of their data from  corruption, theft, or damage otherwise inherent to operating a business or WEB site and sending / receiving data or information over or through the use of the Internet.

3. The Client will be responsible for management of their data and the security of that data. This includes, but is not limited to, appropriate information backup, site management, adequate security protection, the use of data encryption and control of data access under the ownership of the Customer. ‘The Delivery  Provider’ is not responsible for maintaining restoration backups for any period of time for individual sites. Service-wide server backups are maintained for the event of ‘The Delivery Provider’ service delivery recovery only.

4. Options are available for individual site and file recovery on a limited basis and only cover designated periods of time. No guarantees are delivered for sites having problems arising from, but not limited to, the employment (or lack of employment) of the security and data precautions mentioned in this Privacy and Security section.

5. The services providing back-end high speed Internet communications and hosting services perform routine backup maintenance and may reformat, move, transfer, store, or reallocate ‘The Delivery Provider’’s Customer site data for the purposes of accomplishing normal system maintenance and backups. This normal system maintenance does not, and will not, guarantee a Client site data protection or validity.

6. It will be the sole responsibility of each services Client to use properly licensed software. ‘The Delivery Provider’ does not provide nor warrant third party vendor software, nor issue licenses for any type of software. It is the service user’s responsibility to make sure that software used over the Internet through ‘The Delivery Provider’ services is properly registered and licensed with the particular software vendor or manufacturer as required by that vendor or manufacturer.

7. It is agreed that ‘The Delivery Provider’ can not, and will not, guarantee or warrant any files or software that are available through or for downloading from the use of its services. These files include third party files, downloaded files from delivery services as stated above, other services and any other Internet or otherwise electronically accessed sites.

8. ‘The Delivery Provider’, will not guarantee nor warrant any files accessed, through the use of services for access to the Internet, to be free of any form of damaging (known and unknown) viruses, information hacking, ‘Trojan horse’, worm, or any other destructive program or file from any sources accessed. It is the sole responsibility, without limitation, of the user of Internet services that are provided by ‘The Delivery Provider’ to properly screen, validate, correct, detect and assure that the Client site and information transmitted or received is secure.

9. It will be the sole responsibility of the Client to ensure security measures are taken for proper user and password access to their information. This use includes the Client employees or their affiliates and associates. ‘The Delivery Provider’ will not guarantee the security of site and data against unauthorized use or access from improperly managed user and password files.

10. ‘The Delivery Provider’ utilizes security measures to help protect from loss, any unauthorized access, or altering of any information under the delivery services control. Client data and information is considered as restricted access by ‘The Delivery Provider’.

11. The user of services delivered (whether employed or affiliated with authorized  user) will comply with all applicable local, state, national, international laws and regulations. These are to include, but not limited to, data privacy, intellectual property, international security and communications, and exportation of sensitive technical or other related data which are restricted and governed by the laws of the United States of America.

Billing And Payment Agreements

This document defines the manner in which 'The Delivery Provider' will charge for services that are delivered, billing and invoice dates, and how payments are received. The Client agrees to be billed for services rendered and to make payment as determined by 'The Delivery Provider' for those services. The service fees are presented on our Web site for reference. It is advisable that a potential Client refers to this fee structure prior to requesting services and the existing Client refer to it for any notifications of changes or amendments to services.

Change notification for billing purposes should be delivered to 'The Delivery Provider' in the form of U.S Postal services, electronic mail or document facsimile prior to the next affected change billing period.

BILLING

‘The Delivery Provider’ provides three billing plans (A – 3 month periods, B – 6 month periods, C – 12 month periods) for services delivered. In the instances of Consulting or Design services, billing will be accomplished in two parts - for delivery services initiation and at completion of the Design or Consulting service.

The below items describe and define the billing process and information as policy guidance in the processes for service costing notifications to the Client:

1. Services will require that the initial service period be fully billed at the initiation of that service with immediate payment required. Following periods will will have renewal notices sent out a minimum 30 days prior to the expiration of the current service period. Services may be interupted (or even cancelled) at servcie expiration if renewal payment is not confirmed prior to reaching final renewal date..

2. Services will automatically renew for a new identical service period with the confirmed payment for that new billing period. ‘The Delivery Provider’ will issue an appropriate billing invoice to the Client for service continuation. Cancellation or change notification for services are the sole responsibility of the Client.

3. Billing notices for payment will be sent to the Client via U. S. mail, by electronic mail, or by facsimile document. Electronic mail invoicing will be the preferred method of invoice delivery by ‘The Delivery Provider’. A single billing invoice will be issued per service plan period.

4. Changes for service delivery plans or addition of a service delivery plan (i.e. Design Upgrade, Additional E-mail Accounts), or other services (i.e. consulting, network design) will not be in effect until reviewed and accepted by ‘The Delivery Provider’, and paid for by the Client. ‘The Delivery Provider’ retains the right to deny any request for service delivery for any reason.

5. Any changes that involve additional services will require a pro-rated initial charge (if needed) to cover the period of service initiation through the remainder of the current billing period, and will be due immediately upon request for initiation of that additional service. The next billing cycle for the Client will reflect the new invoice total amount for services that have been changed, added, or deleted for ongoing delivery (or removal) of that service.

6. Complete cancellation of services from ‘The Delivery Provider’ is pending the verification that all Client invoice statements and service fees are paid in full and up to date for the current service period. It will be the responsibility of the Client’s designated primary contact to notify ‘The Delivery Provider’ in writing on official letterhead, by either facsimile, or U.S mail, notice of service(s) cancellation. No other form of communication will be accepted for complete service cancellation, as described under Section 6 of the Service Terms and Conditions of Service section above.

7. The complete cancellation of services from the ‘Delivery Provider’ will be in effect at the final completion of the current paid-through service period for the Client. ‘The Delivery Provider’ may send a final invoice for any outstanding debts owed for services completed. The Client agrees that any  outstanding bills and invoices from cancellation of services will be honored and payment made  immediately.

8. The Client will have the option to take advantage of ‘Delivery Provider’ announced specials for Design and Support services only once during any 12 month period. Clients having Hosting services under a total service period of 1 year will not be eligible for advertised Hosting pricing plan specials. Clients having Hosting service beyond a 1 year of total service will be eligible to take advantage of newly advertised Hosting pricing plan specials once during any 12 month period of service.

9. ‘The Delivery Provider’ is not responsible in any way, shape, or form for any additional charges or fees that may be applied to the Client billing account that may arise from third parties outside of ’The Delivery Provider’. These may include, but not limited to: insufficient fund fees, service credit charges, third party payment service fees or otherwise not initiated by ‘The Delivery Provider’.

10. An initial service invoice will be sent out and will be due within 10 business days of being sent (either by U.S mail or electronically). Initiation of specific delivery services will begin upon receipt and payment confirmation of this initial service(s) payment. No guarantees are expressed for delivery of service(s) until all payment requirements are satisfied.

11. Clients having services suspended due to non-payment for services will be charged a $15 USD fee for the reinstatement of services that were suspended.

12. ‘The Delivery Provider’ is not responsible for any taxes or special fees that may be required to be paid for services or goods delivered to the Client. The Client agrees to be wholly responsible for any such fees or costing.

PAYMENT

‘The Delivery Provider’ provides plans for payment of our hosting and maintenance services in 3-6-12 month increments. Recurring billing items, like3-6-12 monthly hosting and site support maintenance charges, are due in full prior to the beginning of the service period. One-time service charges, like WEB design, consultation, wireless setup, and site maintenance, will be due up front at half of initial 'base'  service agreed upon charges and the balance upon final delivery of service - to include any additional service charges incurred within the duration of the service delivery. There will be certain one-time charges, such as self-managed site support, network consulting services, ongoing search engine registrations, domain registration, digital picture processing, etc. which will require payment 'in full' upon delivery of service.

The below items describe the payment processes and policies for service(s) initiation and ongoing
delivery:

1. All Design services for a new WEB site development will remain under exclusive rights and ownership of ‘The Delivery Provider’ until full payment for those services are received and confirmed. At the time of payment confirmation, site rights and ownership will be eligible for transfer to the Client.

2. ‘The Delivery Provider’ retains the rights to cancel, remove, delete, reuse, or erase any site developed or hosted for a Client that has not been paid in full for ‘fair’ and ‘good faith’ of services billed and completed. New sites and services will not be available for Client ownership or public distribution and availability until all prerequisite billing transactions are completed and payments are received in full.

3. In the case of a change in plan pricing, the changes will be reflected in the published WEB site Pricing Plans. For new services, the new pricing plans will be in effect immediately. For existing services, these service price changes will have a billing grace period of 30 days or through the next billing period  (whichever is shorter) prior to the changes going into effect. The new service rates will be reflected in the upcoming period billing invoice.

4. The Client agrees to pay the ‘Delivery Provider’ for all related charges for the services rendered on behalf of the Client at the scheduled billing periods as described within this Billing and Payments document.

5. Mailed in payments in the form of business or personal checks are taken – with business checks preferable. ‘The Delivery Provider’ will also take payments electronically through an Internet hosted payment processing center, employed by the ‘Delivery Provider’, PayPal. They accept all major credit cards, as well as electronic checking account payments. These are the only forms of payments accepted at this time.

6. There will be a grace period of 5 business days for receipt of payment for all recurring service plans. If any portion of the Client invoice/bill is not paid within the designated billing due date and grace period, a late payment fee of $15 USD will apply. This late payment fee will be added to and be due with the next service period invoice. A Client not paying the assigned late fee in the following period of service billing will have services immediately suspended (possibly terminated) until all invoice and billing payments are satisfied.  

7. In the event that ‘The Delivery Provider’ must seek financial retribution through legal means, the Client agrees to be held responsible for all expenses incurred from such actions.

‘The Delivery Provider’ reserves the right to monitor and/or record billing and payment for service activities to determine and/or document compliance with the terms, conditions or policies in this Billing and Payment Policy and Agreements document.