TERMS OF SERVICE / WEBSITE USE POLICY
HelpMySmallBusinessWebsite.com
Web Hosting/Website Design Agreement
This Web Hosting Website Design Agreement (this
Agreement) is between HelpMySmallBusinessWebsite.com., a Georgia
Company. This Agreement governs Customer’s use of HelpMySmallBusinessWebsite.com's
Web hosting and design service.
Table of Contents
* Services
* Term
* Payments
* Law/AUP
* Customer Information
* Indemnification
* Disclaimer of Warranties
* Limitation of Damages
* Suspension of Services/Termination
* Request for Customer Information
* Back Up Copy
* Notices
* Force Majeure
* Privacy Policy
* Miscellaneous
1. Services
Subject to the terms of this Agreement, and
contingent on Customer’s satisfaction of HelpMySmallBusinessWebsite.com’s
credit approval requirements, HelpMySmallBusinessWebsite.com agrees
to provide the web hosting & website deisgn services described
in the Order for the fees stated in the Order. By using this website,
and/or paying the invoice sent the customer agrees to the terms
listed herein and admits to reading these terms in full with understanding.
2. Term
The initial service term of the Agreement shall
begin on the date that HelpMySmallBusinessWebsite.com generates
an e-mail message to Customer announcing the activation of the
Customer’s account (the date of recieveing payment) and
shall continue for the number of months stated in the Order (12
months is the Initial Term). Upon expiration of the Initial Term,
this Agreement shall automatically renew for the same length as
the Initial Term (each a Renewal Term) unless HelpMySmallBusinessWebsite.com
or Customer provides the other with written notice of non-renewal
at least thirty (30) days prior to the expiration of the Initial
Term or then-current Renewal Term, as applicable. The Initial
Term and any Renewal Term may be referred to collectively in this
Agreement as the Term.
3. Payments
1. Fees.
Fees are payable in advance on the first day
of receiving the invoice. Customer’s billing cycle shall
be monthly, quarterly, semi-annually, annually, or bi-annually
as indicated on the Order, beginning on the day in which the invoice
is sent out. HelpMySmallBusinessWebsite.com may require payment
for the first billing cycle before beginning service. If the Order
provides for credit/debit card billing, Customer authorizes HelpMySmallBusinessWebsite.com
to bill subsequent fees to the credit/debit card on or after the
first day of each successive billing cycle during the Term of
this Agreement; otherwise HelpMySmallBusinessWebsite.com will
invoice Customer via electronic mail to the Primary Customer Contact
listed on the Order. Invoiced fees may be issued on or before
the 1st day of each billing cycle, and the fees shall be due on
the 4th day following invoice date, but in no event earlier than
the first day of each billing cycle.
Payments must be made in United States dollars.
Customer is responsible for providing HelpMySmallBusinessWebsite.com
with changes to billing information ( such as credit card expiration,
change in billing address) At its option, HelpMySmallBusinessWebsite.com
may accrue charges to be made to a credit/debit card until such
charges exceed $10.00. HelpMySmallBusinessWebsite.com may charge
interest on overdue amounts at the lesser of 1.5% per month or
the maximum non-usurious rate under applicable law. HelpMySmallBusinessWebsite.com
may suspend the service without notice if payment for the service
is overdue. Fees not disputed within sixty (60) days of due date
are conclusively deemed accurate. Customer agrees to pay HelpMySmallBusinessWebsite.com’s
reasonable reinstatement fee following a suspension of service
for non-payment, and to pay HelpMySmallBusinessWebsite.com’s
reasonable costs of collection of overdue amounts, including collection
agency fees, attorney fees and court costs.
2. Fee Increases
HelpMySmallBusinessWebsite.com may increase
its fees for services effective the first day of a Renewal Term
by giving notice to Customer of the new fees at least forty five
(45) days prior to the beginning of the Renewal Term, and if Customer
does not give a notice of non-renewal as provided in Section 2
above, the Customer shall be deemed to have accepted the new fee
for that Renewal Term and any subsequent Renewal Terms (unless
the fees are increased in the same manner for a subsequent Renewal
Term).
3. Taxes
At HelpMySmallBusinessWebsite.com’s request
Customer shall remit to HelpMySmallBusinessWebsite.com all sales,
VAT or similar tax imposed on the provision of the services (but
not in the nature of an income tax on HelpMySmallBusinessWebsite.com),
regardless of whether HelpMySmallBusinessWebsite.com fails to
collect the tax at the time the related services are provided.
4. Early Termination
Customer acknowledges that the amount of the
fee for the service is based on Customer’s agreement to
pay the fee for the entire Initial Term, or Renewal Term, as applicable.
In the eventHelpMySmallBusinessWebsite.com terminates the Agreement
for Customer’s breach of the Agreement in accordance with
Section 9 (Termination), or Customer terminates the service other
than in accordance with Section 9 (Termination) for HelpMySmallBusinessWebsite.com’s
breach, the unpaid fees for each billing cycle remaining in the
Initial Term or then-current Renewal Term, as applicable, are
due on the business day following termination of the Agreement.
4. Law/AUP
Customer agrees to use the service in compliance
with applicable law and HelpMySmallBusinessWebsite.com’s
Acceptable Use Policy (the AUP), which is hereby incorporated
by reference in this Agreement. Customer agrees that HelpMySmallBusinessWebsite.com
may, in its reasonable commercial judgment consistent with industry
standards, amend the AUP from time to time to further detail or
describe reasonable restrictions and conditions on Customer’s
use of the Services. Amendments to the AUP are effective on the
earlier of HelpMySmallBusinessWebsite.com’s notice to Customer
that an amendment has been made, or the first day of any Renewal
Term that begins subsequent to the amendment. Customer agrees
to cooperate with HelpMySmallBusinessWebsite.com’s reasonable
investigation of any suspected violation of the AUP. In the event
of a dispute betweenHelpMySmallBusinessWebsite.com and Customer
regarding the interpretation of the AUP, HelpMySmallBusinessWebsite.com’s
commercially reasonable interpretation of the AUP shall govern.
5. Customer Information
Customer represents and warrants to HelpMySmallBusinessWebsite.com
that the information he, she or it has provided and will provide
to HelpMySmallBusinessWebsite.com for purposes of establishing
and maintaining the service is accurate. If Customer is an individual,
Customer represents and warrants to HelpMySmallBusinessWebsite.com
that he or she is at least 18 years of age. HelpMySmallBusinessWebsite.com
may rely on the instructions of the person listed as the Primary
Customer Contact on the Order with regard to Customer’s
account until Customer has provided a written notice changing
the Primary Customer Contract.
6. Indemnification
Customer agrees to indemnify and hold harmless
HelpMySmallBusinessWebsite.com, HelpMySmallBusinessWebsite, HelpMySmallBusinessWebsite.com’s
affiliates, and each of their respective officers, directors,
agents, and employees from and against any and all claims, demands,
liabilities, obligations, losses, damages, penalties, fines, punitive
damages, amounts in interest, expenses and disbursements of any
kind and nature whatsoever (including reasonable attorneys fees)
brought by a third party under any theory of legal liability arising
out of or related to the actual or alleged use of Customer’s
services in violation of applicable law or the AUP by Customer
or any person using Customer’s log on information, regardless
of whether such person has been authorized to use the services
by Customer.
7. Disclaimer of Warranties
HelpMySmallBusinessWebsite.com. DOES NOT WARRANT
OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW
HelpMySmallBusinessWebsite.com DISCLAIMS ANY AND ALL WARRANTIES
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED
BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS"
BASIS.
8. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD
HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING
IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED
OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT
TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HelpMySmallBusinessWebsite.com
AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY
OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY,
AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE
AMOUNT PAYABLE BY CUSTOMER FOR 12 MONTHS OF SERVICE.
9. Suspension/Termination
1. Suspension of Service
Customer agrees that HelpMySmallBusinessWebsite.com
may suspend services to Customer without notice and without liability
if: (i) HelpMySmallBusinessWebsite.com reasonably believes that
the services are being used in violation of the AUP; (ii) Customer
fails to cooperate with any reasonable investigation of any suspected
violation of the AUP; (iii) HelpMySmallBusinessWebsite.com reasonably
believes that the suspension of service is necessary to protect
its network or its other customers, or (iv) as requested by a
law enforcement or regulatory agency. Customer shall payHelpMySmallBusinessWebsite.com’s
reasonable reinstatement fee if service is reinstituted following
a suspension of service under this subsection.
2a. Termination
The Agreement may be terminated by Customer
prior to the expiration of the Initial Term or any Renewal Term
without further notice and without liability if HelpMySmallBusinessWebsite.com
fails in a material way to provide the service in accordance with
the terms of the Agreement and does not cure the failure within
thirty (30) days of Customer’s written notice describing
the failure in reasonable detail. The Agreement may be terminated
by HelpMySmallBusinessWebsite.com prior to the expiration of the
Initial Term or any Renewal Term without further notice and without
liability as follows: (i) upon ten (10) days notice if Customer
is overdue on the payment of any amount due under the Agreement;
(ii) Customer materially violates any other provision of the Agreement,
including the AUP, and fails to cure the violation within thirty
(30) days of a written notice from HelpMySmallBusinessWebsite.com
describing the violation in reasonable detail; (iii) upon one
(1) days notice if Customer’s Service is used in violation
of a material term of the AUP more than once, or (iv) upon one
(1) days notice if Customer violates Section 5 (Customer Information)
of this Agreement. Either party may terminate this agreement upon
ten (10) days advance notice if the other party admits insolvency,
makes an assignment for the benefit of its creditors, files for
bankruptcy or similar protection, is unable to pay debts as they
become due, has a trustee or receiver appointed over all or a
substantial portion of its assets, or enters into an agreement
for the extension or readjustment of all or substantially all
of its obligations.
2b. Files Stored on 3rd Party Servers
Upon termination all files stored by HelpMySmallBusinessWebsite.com
shall be erased and domain name shall be recycled.
10. Requests for Customer Information
Customer agrees that HelpMySmallBusinessWebsite.com
may, without notice to Customer, (i) report to the appropriate
authorities any conduct by Customer or any of Customer’s
customers or end users that HelpMySmallBusinessWebsite.com believes
violates applicable law, and (ii) provide any information that
it has about Customer or any of its customers or end users in
response to a formal or informal request from a law enforcement
or regulatory agency or in response to a formal request in a civil
action that on its face meets the requirements for such a request.
11. Back Up Copy
Customer agrees to accept that HelpMySmallBusinessWebsite.com
does maintain copies of all content that is hosted however HelpMySmallBusinessWebsite.com
will not be held responsible if backups of content are lost, damaged,
and or become corrupt for any reason nothwithstanding any agreement
by HelpMySmallBusinessWebsite.com to provide back up services.
12. Changes to HelpMySmallBusinessWebsite.com’s Network
Upgrades and other changes in HelpMySmallBusinessWebsite.com’s
network, including, but not limited to changes in its software,
hardware, and service providers, may affect the display or operation
of Customer’s hosted content and/or applications. HelpMySmallBusinessWebsite.com
reserves the right to change its network in its commercially reasonable
discretion, and HelpMySmallBusinessWebsite.com shall not be liable
for any resulting harm to Customer.
13. Notices
Notices to HelpMySmallBusinessWebsite.com under
the Agreement shall be given via electronic mail to the e-mail
address for customer support. Notices to Customer shall be given
via electronic mail to the individual listed as the Primary Customer
Contact on the Order. Notices are deemed received on the day transmitted,
or if that day is not a business day, on the first business day
following the day delivered. Customer may change his, her or its
notice address by a notice given in accordance with this Section.
14. Force Majeure
HelpMySmallBusinessWebsite.com shall not be
in default of any obligation under the Agreement if the failure
to perform the obligation is due to any event beyond HelpMySmallBusinessWebsite.com’s
control, including, without limitation, significant failure of
a portion of the power grid, significant failure of the Internet,
natural disaster, war, riot, insurrection, epidemic, strikes or
other organized labor action, terrorist activity, or other events
of a magnitude or type for which precautions are not generally
taken in the industry.
15. Governing Law/Disputes
The Agreement shall be governed by the laws
of the State of Georgia, exclusive of its choice of law principles,
and the laws of the United States of America, as applicable. The
Agreement shall not be governed by the United Nations Convention
on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES
ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE
AND FEDERAL COURTS IN WALTON COUNTY, GEORGIA, AND EACH PARTY AGREES
NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS
THERETO.
16. Privacy Policy
This Privacy Policy describes the information
we collect from you, what we do with the information, and our
information security practices. If you have any questions about
our Privacy Policy, please contact info@HelpMySmallBusinessWebsite.com.
Information
When you sign up for our service, we will ask
you to provide contact information such as your name, address,
telephone numbers, e-mail addresses, and payment information such
as credit card number and expiration date.We
may ask you to complete user surveys, and to provide certain demographic
information, such as age, gender, special interests, etc. You
do not have to provide this type of information to use our service
if you do not want to.
If you contact us for customer support, we may
also ask you for information about your operating system, software
and other technical matters.
When you visit our Web site we will capture
your IP Address, time of and duration of visit, and time and duration
of the pages on our Web site that you view. We may tie this information
to the personally identifiable information we have about you.We
will also place a cookie that will identify you to us as a repeat
visitor or a customer when you visit our Web site. See "What
is a Cookie" below. We may tie this cookie to the personally
identifiable information we have about you.
If we send you an e-mail, we may include a marker
that will allow to identify e-mail that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information
only as follows:
* For payment purposes and to provide customer support;.
* To announce special offers or provide other information from
time to time via e-mail. We may also send e-mail announcing special
offers by our third parties, but we will not provide the third
parties with your e-mail address or other personally identifiable
information. If you do not wish to receive these e-mails, you
may opt out of future e-mails at any time by following the instructions
included in the e-mail.
* To improve our service and the marketing of our service. For
example, we may use the information we gather from user surveys,
demographic data, and web site visits to help us improve or target
our Web site and customize your visit.
We will not provide any personally identifiable information about
you to any other person other than:* a
law enforcement or regulatory agency at their request;
* a person or company who acquires our business;
* third parties who perform services on our behalf (such as payment
processing),
* To our subsidiaries and affiliates; or
* As otherwise needed to protect or enforce or rights or the rights
of others.
We absolutely do not transfer or sell your information
for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about
our customers with third parties, such as advertisers or suppliers.
This aggregate statistical data will not identify you personally.
What is a Cookie: A "cookie" is an
alphanumeric identifier that is unique to your browser. The cookie
will identify your browser to us when you visit our web site so
that we may customize your visit.
Security of Your Information: We store your
personally identifiable information and payment information in
an encrypted database, following all reasonable security practices.
Children’s Privacy: Our
service is not available to children under the age of 13, and
we will not intentionally maintain information about anyone under
the age of 13.
17. Miscellaneous
Each party acknowledges and agrees that the
other party retains exclusive ownership and rights in its trademarks,
service marks, trade secrets, inventions, copyrights, and other
intellectual property. Neither party may use the other party’s
name or trade mark without the other party’s prior written
consent. The parties intend for their relationship to be that
of independent contractors and not a partnership, joint venture,
or employer/employee. Neither party will represent itself to be
agent of the other. Each party acknowledges that it has no power
or authority to bind the other on any agreement and that it will
not represent to any person that it has such power or authority.
This Agreement may be amended only by a formal written agreement
signed by both parties. The terms on Customer’s purchase
order or other business forms are not binding on HelpMySmallBusinessWebsite.com
unless they are expressly incorporated into a formal written agreement
signed by both parties. A party’s failure or delay in enforcing
any provision of the Agreement will not be deemed a waiver of
that party’s rights with respect to that provision or any
other provision of the Agreement. A party’s waiver of any
of its right under the Agreement is not a waiver of any of its
other rights with respect to a prior, contemporaneous or future
occurrence, whether similar in nature or not. The captions in
the Agreement are not part of the Agreement, but are for the convenience
of the parties. The following provisions will survive expiration
or termination of the Agreement: Fees, indemnity obligations,
provisions limiting liability and disclaiming warranties, provisions
regarding ownership of intellectual property, these miscellaneous
provisions, and other provisions that by their nature are intended
to survive termination of the Agreement. There are no third party
beneficiaries to the Agreement. Neither insurers nor the customers
of resellers are third party beneficiaries to the Agreement. Customer
may not transfer the Agreement without HelpMySmallBusinessWebsite.com’s
prior written consent. HelpMySmallBusinessWebsite.com’s
approval for assignment is contingent on the assignee meeting
HelpMySmallBusinessWebsite.com’s credit approval criteria.
HelpMySmallBusinessWebsite.com may assign the Agreement in whole
or in part.
HelpMySmallBusinessWebsite.com is capable to
have customers webiste listed in major search engines, but HelpMySmallBusinessWebsite.com
cannot guarantee that customers website will be listed. This is
up to each individual search engine according to thier website
inclusion processes. Nor can HelpMySmallBusinessWebsite.com guarantee
traffic results as every customers situation is different. However,
HelpMySmallBusinessWebsite.com in good faith will commit to have
the customer's website listed and earn traffic.
Customer agrees that time frame to build one
webiste can range from 5 days to 8 weeks depending on what has
been requested. The time it takes for the customer to supply text
content for which to apply to the chosen website template also
affects this completion time. It is the customers responisibility
to supply the text content that shall be applied to the customer's
website. Furthermore, timeframe to be included in search engines
can range from 2 weeks up to not being included at all.
HelpMySmallBusinessWebsite.com makes no guarantee
the actual rank on which the customer's website can obtain.All
sales are final. Refunds are given at HelpMySmallBusinessWebsite.com's
sole discretion.This Agreement together
with the Order and AUP constitutes the complete and exclusive
agreement between the parties regarding its subject matter and
supercedes and replace any prior understanding or communication,
written or oral.
