Terms & Conditions

SECTION 1: COMPANY . I understand that, with respect to this Agreement, “Company” shall mean Professional Websites.

SECTION 2: BILLING. Unless Company requires partial or full payment for my Internet Website before it is created, Company will usually bill me yearly for the charges on the cover section of this Agreement. However, Company may agree to or require other billing arrangements at its sole discretion. I agree that I will pay all bills by the due date.

SECTION 3: PAYMENT.

a) Amount of Payment. I promise to pay the Company the yearly rates listed on the cover sheet of this Agreement. I will also pay any local, state, or federal taxes due on all products and services.

b) Late Charges . I will pay all invoices by the due date on the invoice. Interest shall accrue on all amounts not paid by the due date on the invoice at a rate of interest equal to the lesser of (i) 18% per annum or (ii) the highest applicable lawful rate of interest. In the event applicable law provides for an interest ceiling on amount overdue under Chapter 303 of the Texas Finance Code (as amended, the “Texas Finance Code”), the ceiling shall be the “weekly ceiling” as defined in the Texas Finance Code and shall be used herein for calculating the highest applicable lawful rate of interest and for all other purposes. The Company may require me to pay any collection costs and attorney's fees incurred by Company to collect past due amounts.

c) Late fee . I will pay a late fee of $25.00 if the invoice is not paid by the due date. A $25.00 fee will be charged for all checks returned due to Non-Sufficient Funds (“NSF”).

e) Restrictive Covenants and Conditional Endorsements . No acceptance of any payment or instrument marked with any restrictive covenant or other limited or conditional endorsement shall be deemed a waiver of any of the Company's rights under this Agreement.

SECTION 4: TERMINATION. The Company reserves the right, in its sole discretion, to deactivate my account(s) upon indication of credit problems, including without limitation, delinquent payments. The Company, at its sole discretion, may terminate this agreement immediately or suspend your access to the Company's services upon any breach of the agreement by me.

I am responsible for notifying the Company of my wish to terminate the account, if so desired. Charges will accrue until my notification to the Company is received indicating my desire to terminate the account. I must give the provider a twenty (20) day notification before cancellation of the account and this termination is subject to a $199 early termination fee. After 30 days of nonpayment, the Company may close my account(s) and I will then be required to re-subscribe according to the policies in effect at the time in order to continue service.

SECTION 5: ACCOUNT CANCELLATION POLICY . I understand that this Agreement binds FIVE (5) DAYS from the date that I sign it, and that it is a legal and binding contract after that date and cannot be cancelled until my current term expires or comes up for renewal.

Any request for cancellations must be in writing received via our web site, regular mail or fax. You will receive a confirmation upon the cancellation of your account. All cancellations must be received 10 days prior to your renewal date. Accounts cancelled after the renewal date will not receive any refund.

Submission of the cancellation request does not automatically complete the cancellation. Your account may be past due or delinquent, in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internet problems, ISP problems, or any other secondary issues not directly related to Professional Websites' services do not qualify an account for cancellation. Customers are asked to make sure that they receive a cancellation confirmation from Professional Websites indicating the closure of a domain and/or an account has been completed.

SEPARATION FEE: I agree to pay the Company for one hour of time at the $75.00 an hour rate prior to releasing any and all rights and materials due me that I have paid for in full.

SECTION 7: LINKS. If my internet site contains links, I hereby: (1) grant to the Company and it sublicensees a royalty-free unrestricted right and license to establish such links and link users to the website; and (2) represent and warrant that (a) I have the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which my link complies in all respect with all applicable laws and regulations.

SECTION 8: LIMITATION OF LIABILITY . I UNDERSTAND THAT 1) THE TOTAL AMOUNT OF DAMAGES THE COMPANY MAY RECOVER FROM ME RELTATED TO THIS AGREEMENT WILL NOT EXCEED THE SUM OF THE MONTHLY OR YEARLY CHARGES OWED FOR THE ITEMS AT ISSUE, PLUS LATE CHARGES AND OTHER COSTS PAYBABLE UNDER SECTION 3; AND 2) THE COMPANY AGREES TO WAIVE ANY CLAIM FOR DAMAGES TO THE EXTENT SUCH DAMAGES EXCEED THIS AMOUNT. I AGREE: 1) THAT THE TOTAL AMOUNT OF DAMGES THAT I MAY RECOVER FROM THE COMPANY RELATED TO THIS AGREEMENT WILL NOT EXCEED THE SUM OF THE MONTHLY/YEARLY CHARGES I HAVE PAID FOR THE ITEMS AT ISSUE; AND 2) TO WAIVE ANY CLAIM FOR DAMGES TO THE EXTENT SUCH DAMGES EXCEED THIS AMOUNT. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW. FURHTER, IT WILL APPLY TO ANY CLAIM THAT I MAY HAVE AGAINST THE COMPANY, AN AFFILIATE OR AGENT OF THE COMPANY, OR ANY PARTY THAT PROVIDES FULFILLMENT OR OTHER SERVICES RELATIED TO THIS AGREEMENT.

THE CLAIMS COVERED BY THIS LIMITATION OF LIABILITY INCLUDE, BUT ARE NOT LIMITED TO: ANY CLAIMS BASED ON CONTRACT VIOLATIONS, TORTS (SUCH AS NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE GROUND; ANY CLAIMS FOR LOST BUSINESS REVENUES, PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING; AND CLAIMS BASED ON ANY ERROR OR OMISSION IN MY WEBSITE OR PRINTED ADVERTISEMENT; AND ANY CLAIMS BASED ON INACCESSIBILITY, INTERRUPTIONS, DELAYS, DEFECTS, DELECTION OF FILES OR EMAIL, VIRUSES OR ANY FAILURE OF PERFORMANCE OF THE COMPANY.

IN NO EVENT WILL THE COMPANY, ANY AFFILIATE OR AGENT OF THE COMPANY BE REQUIRED TO CORRECT, OR TO GIVE ANY SPECIAL NOTICE REGARDING, ANY ERROR OR OMISSION IN ANY PRINTED ADVERTISEMENT OR INTERNET WEBSITE.

SECTION 9: NO APPROVAL OR ENDORSEMENT BY COMPANY . I understand that the Company does not approve or endorse any product or service the I may have printed or inserted into the website. I will not make any representation that the Company does approve or endorse any product or service. I also understand that the Company may create other websites or print advertisements for any other person or entity at any time.

SECTION 10: COPYRIGHT . I agree that the Company owns the copyright to the website, graphic images, programming, all created work and printed materials and all copyrighted portions of each until full and total payment of all work and services has been given to the Company.

SECTION11: SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of me and my successors. Company may assign this Agreement. I may not assign any of my rights or delegate any of my duties under this Agreement without prior written consent of the Company.

SECTION 13: GENERAL DISCLAIMER . COMPANY DISCLAIMS ANY OBLIGATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION:

• COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
• COMPANY DOES NOT WARRANT THE NUMBER OF RESPONSES TO MY INTERNET SITE, ANY OTHER BUSINESS BENEFIT OR THE SUITABILITY OF MY INTERNET SITE FOR ANY BUSINESS PURPOSE;
• COMPANY DOES NOT WARRANT THAT MY WEBSTIE WILL BE ON ANY PARTICULAR PAGE OF ANY SEARCH ENGINE OR THAT IT WILL EVEN BE DISPLAYED BY ANY SEARCH ENGINE; AND
• COMPANY DOES NOT WARRANT THE NUMBER OR PERCENTAGE OF INDIVIDUAL CONSUMERS OR COMERCIAL BUSINESSES THAT WILL ACTUALLY VIEW MY INTERNET SITE OR PURCHASE PRODUCTS FROM MY SITE.

SECTION 14: FORCE MAJEURE. The Company will not be in breach of its obligations under this Agreement in the event that, for cause or causes beyond its control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Agreement. Such causes shall include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes, or other acts of God, insurrection, or any other cause not within the reasonable control of the Company.

SECTION 15: ENTIRE AGREEMENT. This Agreement describes the entire agreement between the Company and me and supersedes any other verbal or written agreements regarding the development of an Internet Site or Print listed on the cover section of this Agreement.

SECTION 18: ABUSE OF UN-METERED AND METERED BANDWIDTH . The provider Clients are privileged to be offered un-metered bandwidth for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. 75% of all files must be linked with files, which are stored on the provider servers. Failure to do so will result in warning, suspension, deletion, or cancellation at the discretion of the provider management. The client is required to have the entire site using less than 10% of the system resources on the server where the site is located. Software Download sites, Freeware sites, Adult Content sites, and illegal content sites are not allowed on the Provider's servers which provide un-metered bandwidth. The provider is the sole arbiter as to what constitutes a violation of any of these provisions.

SECTION 19: SECURITY/ELECTORNIC TRANSACTIONS. I agree that no one other than the Company or the Company's agent may modify any proportion of the website related to this Agreement, and that no one other than the Company or the Company's agent may provide any additional service or services in relation to or any portion of the website related to this Agreement. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Company is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider. I acknowledge that I am responsible for maintaining and ensuring the security of any and all password I obtain from the Company in connection with my website, and that I will be directly responsible for all conduct, acts, or omissions on the part of any Password Users. I acknowledge and agree that Password Users may be called upon to indicate their consent or agreement through their conduct online. I ACKNOWLEDGE AND AGREE THAT THE CONDUCT OF ANY PASSWORD USER IN CLICKING ON ANY ON-SCREEN BUTTONS, OR ENGAGING IN ANY OTHER SIMILAR CONDUCT, WILL BE LEGALLY SUFFICIENT FOR ALL PURPOSES TO BIND ME, TO THE SAME EXTENT AS THOUGH EVIDENCED BY MY ORIGINAL SIGNATURE. I HEREBY WAIVE ALL CLAIMS OR DEFENSES, KNOWN OR UNKNOWN, NOW EXISTING OR HEREAFTER ARISING, WHICH ARE INCONSISTENT WITH THE FOREGOING ACKNOWLEGEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIMS AND DEFENSES THAT ANY PASSWORD USER(S) LACKED PROPER AUTHORITY TO BIND ME, OR WERE OTHERWISE ACTING OUTSIDE THE SCOPE OF ITS AUTHORITY. I acknowledge that the server space upon which Internet website is hosted, and the Internet connections through which any transactions conducted in connection with e-commerce, will be unsecure, unless otherwise indicated by the Company in writing.

SECTION 20: DOMAIN NAMES. Registrars of domain names impose certain fees for registering domain names and renewing such registrations. Domain name registrations do not continue forever, but must be renewed periodically. The Company may cancel or refrain from renewing any domain name(s) used in connection with any Internet Website under this Agreement (and shall have no obligation to pay any registration renewal fees) in the event that 1) I do not pay the Company for the Internet Website in a timely manner, or 2) I do not affirmatively notify the Company in writing of my desire to renew the domain name upon the expiration of the initial domain registration or any subsequent renewal thereof. I wave any and all claims that I may have, or which may later arise, known or unknown against the Company, for any loss, damage, claim or expense arising out of, or related to, the acquisition, evaluation, registration, administration, or use of any custom domain name(s) used in connection the Website. I further covenant and agree that I will not include or reference any domain name(s) or URL(s) associated with the Website provided under this Agreement in any email that a) violates any applicable law or regulation, b) violates any operating rule, policy, or guideline of any online service provider or interactive service, including any of Publisher's rules, policies, or guidelines, or c) which constitutes “spam”, “junk mail”, “flaming”, “chain mail” or any unsolicited mass distribution of email.

SECTION 21: PAYMENT PROCESSING. I acknowledge and agree that the Company has no obligation to provide on-line or off-line payment processing services (including, without limitation, credit card or alternate payment processing services) under this Agreement, or to otherwise integrate any third party payment processing services with any Website provided hereunder (including without limitation any website including or comprised of an E-Store and any Service E-Commerce enabled websites. Any request by me (or any third party, including a payment processing company, on my behalf) to integrate any third party payment processing service with my Website a) will be binding on the Company only if and when the Company performs such integration services, and b) constitutes my authorization for the Company to take any and all steps that the Company deems necessary for the use of such payment processing service in connection with my Website, including without limitation, steps to link or otherwise connect my Website with my merchant account or similar account with the payment processor, financial institution, and/or any other third party designated by or on behalf of myself. In the event that the Company performs such integration services, I agree to execute such additional agreement(s) as the Company or the third party payment processing service may request (which, in the case of the latter, I acknowledge would be solely between me and third party(ies)), and I acknowledge that I will be solely responsible for the payment of any and all amounts payable to such third party(ies), which will be in addition to any charges payable to the Company under this Agreement. I FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO WARRANTIES, AND THAT NEITHER THE COMPANY NOR ITS CONTRACTORS WILL HAVE ANY LIABILITY TO ME WHATSOEVER, WITH RESPECT TO ANY PAYMENT PROCESSING SERVICE PROVIDED BY ANY THIRD PARTY OR ANY TRANSACTIONS ATTEMPTED OR COMPLETED THROUGH MY INTERNET WEBSITE, AND I WAIVE AND RELEASE THE COMPANY AND ITS CONTRACTORS FROM ANY AND ALL CLAIMS RELATED THERETO. I FURHTER AGREE THAT THE COMPANY MAKES NO WARRANTIES, AND THAT NEITHER THE COMPANY NOR ITS CONTRACTORS WILL HAVE ANY LIABILTY TO ME WHATSOEVER, WITH RESPECT TO ANY TAXES (OR TAX RATES) OR SHIPPING AND HANDLING CHARGES OR CALCULATIONS APPLICABLE TO OR PROVIDED IN CONNECTION WITH ANY TRANSACTION THROUGH ANY INTERNET WEBSITE, AND I WAVIE AND RELEASE THE COMPANY AND ITS CONTRACTORS FROM ANY AND ALL CLAIMS RELATED THERETO. I acknowledge that I have or will promptly seek advice from a professional tax advisor regarding tax rates applicable to transactions through my Internet Website and any transaction capability that may be contemplated for my Website. I covenant and agree that I will not violate any federal, state or local laws, regulations, statutes or ordinances of any kind in connection with any payment processing services provided hereunder (including without limitation any transaction attempted or completed through the Internet Website).

SECTION 22: I agree to not use the service to:

Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasion of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Upload, post or otherwise transmit any content any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Intentionally or unintentionally violate any applicable local, state, national, international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange.

Promote or provide instructional information about illegal activities, promote physical harm or injury against any group of individuals, or promote any act of cruelty to animals. This may include, without limitation, providing instruction on how to assemble bombs, grenades, and other weapons, and creating "crush" sites.

The client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the permission of the provider.

I HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE PROVIDER PRODUCT(S) AND THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, WITHOUT LIMITATION, PORNOGRAPHY, OBSCENITY, NUDITY, ADULT ORIENTATED, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. I, HEREBY, AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ANY CLAIM RESULTING FROM PUBLICATION OR USE OF THOSE MATERIALS. THE COMPANY MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF ANY ACCOUNT(S) WHICH THE COMPANY DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE PROVIDER ACCOUNT(S) OR HOST SERVER(S).

SECTION 23 : ADDITIONAL DISCLAIMERS. WITHOUT LIMITING THE GENERAL DISCLAMIER IN SECTION 13 ABOVE, THE COMPANY ALSO DOES NOT WARRANT THE FOLLOWING:

• COMPANY DOES NOT WARRANT THAT A SPECIFIC NUMBER OF PERSONS WILL ACCESS THE WEBSITE, OR ANY PORTION OF THE WEBSITE;
• COMPANY DOES NOT WARRANT THAT THE INTERNET SERVICES OR ANY SERVICE ANCILLARY THERETO WILL BE UNINTERRUPTED OR ERROR FREE AND DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION OVER THE INTERNET;
• COMPANY MAKES NO WARRANTIES AND SHALL HAVE NO RESPONSIBILITY REGARDING SERVICES PROVIDED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION ANY INTERNET SERVICE PROVIDER OR LOCAL EXCHANGE CARRIER).
• You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post or otherwise transmit via the service. The Company does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content.
• While the Company shall make every reasonable effort to protect and backup data on a regular basis, the Company is not responsible for any files residing on the Company's equipment. I am solely responsible for independent backup of data stored on the Company's servers.

If you have any questions please contact our Customer Services.