Business Site Agreement
NOTICE OF TERMS
Set-up Fee: WAIVED
Regular Hosting Fee: $24.95.00-94.95 / per month
FNB Customers Hosting Fee: $19.95-49.95 / per month
In consideration of the above hosting and/or set-up fee, Customer (hereinafter "Business") agrees to abide by the following terms and conditions as set forth by Strategic Commerce Solutions, LLC (hereinafter "SCS"). Should you not agree to the following terms and conditions, please reply immediately to terminate this arrangement Customer Support.
(A) Compliance with Laws - Business will ensure that its use of the Internet complies with all applicable federal, state and local laws and regulations. Including, but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
(B) Terms of Contract - The initial term of the hosting contract is 12 months. If not terminated by the Business within thirty days of the end of the term the contract will renew automatically for the same term.
(C) Discretion and Judgment - Business is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
(D) Pornography - Due to legal and social issues, SCS will not accept customers publishing pornographic images. We do not allow any pornographic content on our server, including but not limited to nude photographs, drawings, computer animation, or perverse depictions, explicit language, editorials, sexual fiction, or anything SCS deems inappropriate for its servers. If an existing customer publishes such images or content, SCS will remove its site from the server and all monies paid will be forfeited.
(E) Termination - Either party may terminate this agreement, after the initial 12 month period, by giving thirty (30) days notice by certified United States Mail or by e-mail if receipt of e-mail is acknowledged by personal e-mail from SCS's customer service manager.
(F) Domain Name - SCS only provides unique domain name registration using the .com, .net and .org domain names suffixes. Business understands that SCS has the ownership, control, and use any domain name created and registered by SCS. By virtue of this agreement, Business waives all claims it may have against SCS for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any Online or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of this Agreement. If Business wishes to obtain the ownership of the registered domain name, Business is responsible for a $50.00 transfer fee payable to SCS for the ownership of the unique domain name.
(G) Disputes - SCS will not become involved in any client/customer, guest, or visitor dispute, issue or discussion, and Business will be responsible for resolving any disputes it might have with any person or entity. Neither will SCS become involved with any Business activities unless such activities are covered under separate contract with SCS.
(H) Guarantees - SCS does not make or imply any guarantees or warranties to Business regarding site traffic, increased business or revenue, or other expectations. Business acknowledges this agreement may be subject to additional terms of pass through vendors and software providers.
(I) Server Access - Business agrees that its access to and use of software owned and/or licensed by SCS and other third parties shall be done strictly in accordance with the terms of this Agreement and applicable intellectual property law.
(J) Fees - SCS reserves the right to terminate the hosting of a Website and/or Virtual Mall lease space if Business defaults on this or any other contract with SCS, for any terms, including but not limited to, failure of the Business to pay fees in a timely fashion. PAYMENT OF THE FIRST AND LAST MONTH'S HOSTING FEE BEGINS IMMEDIATELY AND IS NON-REFUNDABLE. Other fees may be assessed for additional items such as securing ecommerce licenses, SSL licenses, extra storage capacity, extra email accounts, updates to site after initial build-out or maintenance on items other than technical difficulties by the host company, extra domains, etc. These additional fees are due at the time of request prior to approval of the additional items.
(K) Theft - Business acknowledges that the Internet is not a secure network. Confidential or sensitive information should not be transmitted over the Internet. SCS does not assume responsibility for loss or theft of information transmitted over the Internet.
(L) Maintenance & Support - Business can obtain assistance with any technical difficulty that may arise in connection with Business's utilization of the Online Services by requesting assistance through email to SCS at Customer Support. SCS reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
(M) NOTICES - Any notices or communications under this Agreement shall be by electronic mail or in writing and shall be deemed delivered upon acknowledged receipt by the party to whom such communication is directed. If to SCS, such notices shall be addressed to Customer Support. If to Business, such notices shall be addressed to the electronic or mailing address specified when Business opens an account with SCS's Online Services, or such other address as either party may give the other by notice as provided above.
By my agreeing to these terms, I certify and declare that I am a duly authorized agent of the Business, that I have authority to enter into this agreement on the Business's behalf, that I will indemnify SCS and assume the liability of this agreement if I have knowingly provided false information.