Web Venues Internet Services, Web Site Registration, Hosting, Consultation, Design, Construction, & Administration

Revised & Effective: 24 June 2005

WHEREAS, Web Venues Internet Services^™, hereafter referred to as "Host", is an information provider connected to the Internet. Host offers storage and, transfer services over the Internet through access to its Web Server;

WHEREAS, "Company or Party Being Hosted", hereafter referred to as "Client", seeks to utilize host's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, host can make no guarantee that any given reader shall be able to access hosts server at any given time. Host represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements

Contracts: Client agrees to a one (1) year contract.
Initial Payment For Services: First payment shall be due upon receipt of the order.
Server Setup, Registration, Hosting, & Other Fees: All setup, domain name registration/transfer, custom fees, and hosting fees shall be due upon receipt of the order.
Web Hosting Fees: Basic Hosting fees must be pre-paid annually in the amount of $216.00 ($18.00 per month) or paid monthly by subscription using PayPal^® ($21.95 per month). Your savings is 18% if you opt to pay annually.
During initial server set up, we will prorate hosting fees so your annual due date comes in a month of your choosing for ease of payment. Additional fees (such as those for additional e-mail accounts, secure server, cgi bins) are also due at time of annual payment.
Other Professional Service Charges: Payment for website administration, construction, consultation, design, revision, and update services, or any other invoice associated with your account, are due and payable upon completion of service(s) provided.
If this is not possible due to your business accounting practices, "You Must" make arrangements for payment prior to your request for service.
Please "DO NOT" request revisions, updates, or other changes to your web site or hosting service unless you are prepared to pay at time of service.
Invoices On Your Account: In order to keep costs down, our invoices for web hosting, consultation, web work, and other services are sent via e-mail. This is our standard invoicing method, and payment should be made on this invoice within the time frame indicated on the invoice.
If you wish a hard copy of our invoice for your records we suggest that you print the e-mail.
If you wish an invoice/receipt on our company letterhead mailed to you via U.S. Postal Service, include an additional $7.50 in your payment for the additional time it takes us to generate and mail one in a non-standard format, after payment is received.
Payment "Is Still" required by the due date indicated on the e-mailed invoice.
Payment of Hosting Fees: Hosting fees are due and payable "in advance" by the First day, of the First month, for the hosting period they cover. If payment is not received within five (5) calendar days of the due date (start of hosting period), client web site may be "Frozen" in accordance with guidelines established in item #10 below.
Payment of Invoices Other Services: Payment of invoices for Administration, Hosting, Consultation, Web Design or Other Service, are due (Must have arrived at our location.) within five (5) business days of invoice.
    Late fees equal to 10% of all amounts due or $25.00, whichever is greater will start and continue to accrue at the end of this time frame until payment is received.
    Payments not received more than fourteen (14) calendar days past the "Invoice Date" (not the due date) put the client web site in jeopardy of being "Frozen" in accordance with guidelines established in item #10 below.
    Additionally repeated late payments are justification for us eliminate the 18% discount on annual hosting fees and require advance payment for administration consultation, web design, revisions, updates, or other service, on your web site.
Discounts for Timely On-Line Payment: Client's will receive a 10% discount on all services provided by host, if host's E-Mailed invoice for service rendered is paid On-Line with Credit/Debit Card "Only" (electronic check drafts do not receive the discount) within two (2) business days of the E-Mail Time Stamp.
This discount is applied to the final invoice for all services rendered, on top of (in addition to) all other discounts, on the final invoiced amount.
Payments sent by U.S. Mail or other courier service, should be sent to the correct address shown below, with enough time to reach us by the due dates stipulated.

Web Venues Internet Services^™
U.S. Mail Address: P.O. Box 426
Murphy, Oregon 97533
Other Shipping Methods:
Phone Or E-Mail Us For Address

NOTE: If payment has not been received by 5 p.m. by the end of the "late payment" grace periods stipulated in the paragraphs above, the client web site may be "Frozen" (made inaccessible to the outside public) until payment has been resolved.
There will be a minimum $50.00 reactivation fee assessed on top of, (in addition to) invoice amount and late fee(s) if the Web Site has been "Frozen".
In the event a Clients Web Site which resides on Web Venues Internet Services^™, Web Servers, is "Frozen" for non payment of administration, construction, consultation, design, domain registration, development, or other non hosting fees; the unused portion of the Clients pre-paid hosting fees will be applied towards the unpaid balance of services provided and and penalties incurred for late payment.
The Clients Web Site will only be reactivated upon certified payment of all associated fees including; administration, construction, consultation, design, domain registration, development, other non hosting fees, late fees, reconnection fees, & pre-payment of a full years hosting fees.
In the event a Client with an unpaid balance wishes to move their Domain to another Internet Service Provider, Web Venues Internet Services^™, assistance will only be provided upon certified payment of all past due amounts for: administration, construction, consultation, design, domain registration, development, other non hosting fees, late fees, & estimated billable hours to make the transfer.
This agreement will automatically renew for successive one (1) year periods unless canceled in writing thirty (30) calendar days prior to the annual renewal date.

II. Taxes

Host shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Hosts server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products

Where Web Venues Internet Services^™ Designs, Constructs, Maintains, and Administers the Clients Web Site, the Host working for the client at our current published rates, will be responsible for making content provided by the Client, "server-ready". We will make every attempt to validate information for content, correctness and usability, but ultimately it is the clients responsibility to verify correctness before the content is published on the "Public Viewing Area" of their web site. Host assumes no liability for incorrect information posted in the "Public Viewing Area" which has been provided by use by the Client.
Where the Client is solely responsible for their own web site content, the Client will provide Host with specified material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Host. Host shall make no effort to validate this information for content, correctness or usability.
Host will exercise no control whatsoever over the content of the information passing through the network. Host makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Host also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Host is at the Clients own risk, and Host specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. Host expressly limits its damages to the client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. Host specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Host may, at its option and at any time, reject this material, including but not limited to after it has been put on Host s Server. Host agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Host. If the Client fails to modify the material, as directed by Host, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

IV. Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants Host the right to use such trademarks in connection with Hosts Server service.

V. Hardware, Equipment & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Host. Host makes no representations, warranties or assurances that the Customers equipment will be compatible with the Host service.

VI. Age

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette

Electronic forums such as mail distribution lists and "UseNet" news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Host may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Host. All messages transmitted via Host should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination

This agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required to pay other party an amount equal to the unused portion of service excluding any hosting or setup charges. Notwithstanding the above, Host may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

IX. Limited Liability

Client expressly agrees that the use of Hosts Server is at Client's sole risk. Neither Host, its employees, affiliates, agents, third party information providers, merchant's licenses or the like, warrant that Hosts Server service will not be interrupted nor error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Host Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Host, its offices, agents or any one else involved in creating, producing or distributing Host's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Host Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Host's records, programs, or services. Client hereby acknowledges that this paragraph shall apply to all content on Host's Server service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable Attorneys fee and court costs.

X. Lawful Purpose

Client may only use Host's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. Host expressly forbids anyone from using Host's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Host deems to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Host management.

XI. Indemnification

Client agrees that it shall defend, indemnify, save and hold Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against Host, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Host against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Host Server.

XII. Changes to Policy Statement

Client acknowledges and agrees that this Policy Statement on registration and use of data storage accounts, and client responsibilities for use and payment of other host services, may change from time to time and that, upon thirty (30) days posting on the Internet at: http://www.webvenues.net/hostrules.html or immediately upon e-mailed notification to the clients last known e-mail address, Host may modify or amend the terms of this Policy Statement.

This Agreement constitutes the entire understanding of the parties.

This Agreement shall be governed in all respects by and construed in accordance with the laws of the United States of America and the State of Oregon.

� Web Venues Internet Services™ 1997-2005