Net Member Services

This Agreement is between "Web Services Corporation Inc.", (WSC) a Florida Corporation and the party specified in the "Contracts". Such party shall be referred to herein as the "Customer" and shall enter into this Agreement by clicking on the submit button of the electronic Contract or by faxing, mail or otherwise transmitting the Contract to WSC. For good and valuable consideration, the parties agree as follows:

Authorization

By signing our contracts, or placing an online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that WSC is authorized to perform the work as specified; that you have read the terms and conditions; that you agree and accept the terms and conditions; that you authorize WSC to charge your credit card or term account for the products and services; that you acknowledge and agree that if you make any changes to the scope of the work to be performed by WSC on your behalf, which differs from the products and/or services in the contract or online order, you authorize WSC to charge your credit card or term account for all additional products and services; you acknowledge and agree that if you are ever in default of payment to WSC, then WSC shall have the right to de-activate your services, and WSC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such de-activation. In addition, once you are no longer in default and your account is brought current; that you acknowledge and agree that WSC shall have the right to charge you a re-activation fee to re-activate your services.

Services

WSC will provide to Customer Internet facilities consisting of some or all of: connectivity, hardware management, software management, application providing, web hosting, web design, website promotion, and/or related services described in the plan selected by Customer from WSC's then published list of services offered.

The specific plan of Services to be provided initially to Customer shall be as selected in the order form contract or online order and thereafter as established through correspondence between Customer and WSC.

Support

WSC will provide to Customer standard technical support free of charge with no time or call frequency limit for issues related to our products associated with normal operation of Customer's website or service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware or software provided with Customer's plan of Services. Customers will be notified if their support call is not free prior to incurring any expenses.

No support shall be provided for any issue not directly related to any Standard Support described above, including but not limited to issues related to web design, third party web design and software configuration or troubleshooting (including 3rd party email clients), and training.

Customer may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by WSC.

Support Boundaries

Even though we really want to help all clients with any issues that arise, we do have boundaries for FREE Support.

First thing to remember, our services require a certain level of knowledge in the use of Internet Languages, protocols, software, and following directions. The level of knowledge needed will vary depending on the anticipated use and desired outcome of using our services.

Second thing to remember, if we did not write it, then we do not support it for FREE. This includes email clients like Outlook, Outlook Express, Thunderbird, and Third Party editing software. We have a ton of custom created tutorials for third party email clients inside of our hosting control panel.

Third thing to remember, if we will not cover your support issue for FREE there is always paid support, and we have never, not been able to solve a support issue.

Term

The initial term of this Agreement shall be as stated in the Contract . The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until WSC receives and accepts a completed Contract or Online Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges.

WSC reserves the right to reject any submitted Contract or Online Order for any or no reason prior to written acceptance thereof by WSC.

After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically terminate. Customer may renew upon notification up to 90 days prior to renewal date without account de-activation. Renewal fees are subject to the current published fee schedule.

The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".

Termination, Cancellation, De-Activation and Re-Activation

This Agreement may be terminated:

(1) by the Customer at any time, without cause;

(2) by WSC, without cause, by giving the other party 15 days prior notice;

(3) by WSC, at any time, upon 20 days prior notice if in the sole judgment of WSC, Customer breaches any material provision of this Agreement and has not cured same by the end of the 10 days;

(4) by WSC at any time in the event of nonpayment by Customer and

(5) by WSC, at any time, without notice, if, in WSC's sole judgment, Customer is in violation of any terms or conditions of WSC's Service Usage Policy. If cancellation is due to your abuse of our policies, there will be no refund.

In the event Customer's account is terminated for cause, all files and data belonging to Customer will be permanently deleted upon termination without the possibility of recovery.

If a Customer voluntarily terminates his/her account, WSC agrees to reimburse that Customer the unused portion of the pre-paid service within 30 days of the initial valid cancellation notice. SEE OUR REFUND POLICY BELOW.

A cancellation notice shall only be deemed valid if sent to the .

If a Customer's account is terminated for cause, refund will be issued at the sole discretion of WSC. WSC reserves the right to modify its refund policy at any time in accordance with current market conditions.

De-Activation of service does not necessarily imply termination of this Agreement and Services. Charges will continue to accrue as if no De-Activation had occurred and a Re-Activation Fee may be imposed.

Payments and Refunds

Payments

All fees for Services rendered or provided to Customer shall be in accordance with WSC's current fee schedule.

We provide the service of being able to pay for your purchases via Visa, MasterCard, Discover Card, American Express, Debit Cards, and Company Check. Your payment via credit card shall be done at your own risk. WSC shall protect your credit card number within its business office. However, WSC shall not be liable for any unauthorized use of your credit card by persons other than WSC, or its officers and employees.

Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than WSC, or its officers and employees.

All credit card charges will appear as Web Services Corporation Inc. on your bank card statement.

If you feel more secure with sending us your payment via check or money order offline, we have provided a way to do that via the U.S. Mail (see address below).

All sales must be paid in U.S. Dollars.

All sales are final unless otherwise specified.

All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by Customer.

If your account status is new with us, we require all services to be paid in full prior to the start of any work. There are no exceptions.

If your terms are due upon receipt, payment is expected upon the receipt of the statement via credit card (or check if pre-arranged). Our Upon Receipt Payment Terms structure is based on the premise that all statements are due and payable upon receipt, but in any event no later than 30 days thereafter. If payments are delayed beyond that, we reserve the right to charge interest at the highest interest rate permitted by law from that due date until we receive payment in full. We also reserve the right to Deactivate any services that we provide to you until payment in full is received.

If paying by check or credit card and your check is returned unpaid (NSF) or a credit card charge is disputed you will incur a $50.00 processing fee for each occurrence. In addition to a processing fee you may be subject to other fees if necessary to collect monies that are due for services provided and your service or website may be de-activated until all issues are satisfied. A re-activation fee is required once de-activation occurs.

Payments for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period and 90 days prior. Customer will receive an invoice for the charges for the Services rendered or provided by WSC for such renewal period, plus any additional Services rendered or provided by WSC to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice unless otherwise stated. Renewal fees are subject to our current published fee schedule.

We charge an Integration Fee for Net Member Services services. We also charge an Activation fee for Site Builder Services. These fees are non refundable.

If Customer account is De-Activated (suspended) for any reason a Re-Activation Fee of $99.95 may be imposed.

Some of our packages require minimum term agreements for hosting services. Some of our packages require a surcharge if you are not hosting with us.

Our Mailing Address is

Web Services Corporation Inc.
ATTN: Accounts Receivable
P.O. Box 22682
Knoxville, TN 37933 USA

Refunds

All of our Products and Services (except integration/activation fees, templates, monthly services, and used billable hours) have a 30 Day Money Back Guarantee. If you are not satisfied within a 30 day time period WSC will refund your purchase within 30 days in the format that the purchase was made. After 30 days refunds will be issued at the sole discretion of WSC.

Logo 100% Satisfaction Guarantee ~ Any time before the first round of revisions you can request to have all work stopped and your money refunded. The catch is that you may not use our artwork or designs in any format including web, print, or take our ideas to another design firm.

If you have an issue with the services that we have provided contact us and we'll be more than happy to work to a conclusion that helps both parties.

A refund request shall only be deemed valid if sent to the .

WSC reserves the right to modify this refund policy at any time in accordance with current market conditions.

Credit Card Disputes

Purposely disputing services that have been delivered is an act of FRAUD. We prosecute to the fullest extent of the law all persons and/or companies that act in this manner.

Upon charge back notification we will immediately terminate and delete the any and all web pages and e-mail messages without notice. All future account activations will be denied until the issue is settled. A charge back fee of up to $50.00 will be posted to your account. In addition to a charge back fee you will also be responsible for the actual charge disputed amount and a Re-activation fee.

Fraud

Fraud orders are unacceptable and cost all of us plenty. With that in mind, prior to charging your credit card for purchases we may require a card holder signature for verification. If requested and we do not receive your signed, faxed contract within 24 hours of your submission your contract will be void and reported as a fraudulent charge to Visa, MasterCard, Discover, or American Express. If you choose not to fax a contract because you have changed your mind please notify us via email to the within 24 hours.

Customer's Responsibility and Content

WSC will exercise no control whatsoever over (with exception of sexual content) , nor have any responsibility or liability whatsoever for, the content of the information passing through its network. WSC shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. Furthermore, WSC shall not be held responsible for maintaining backups of Customer's data in the event of loss or corruption, and Customer accepts sole responsibility for maintaining any such backups. (We do run weekly back-ups of customer websites and applications, customers are ultimately responsible to maintain a current copy of the data other than the one on our server).

All content is the responsibility of the Customer. We only accept original photos for web sites that are provided by the customer or from a licensed image company.

Existing Code with Additions From Us

If your site is an existing site and we add any type of code we only warranty the code that we are creating. We do not warranty your source code as we have not created it. You acknowledge and understand that neither WSC, nor any of its officers or employees, warrant existing source code not created by us. WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied. Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the existing code; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction. User ID's and Passwords are needed for us to post your website if you choose that service. We recommend setting up a temporary user id and password if you feel strongly about security. Changing your user id and password is usually done with your Hosting Provider and in some cases can be done on-line. We can arrange the date of your web posting and once your website is posted you can change your user id and password back to what it was. Your User ID's and Passwords shall be provided by you to WSC at your own risk. WSC shall protect your User ID's and Passwords within its business office, but shall not be liable for any unauthorized use of your User ID's and Passwords by persons other than WSC, or its officers and employees. Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your User ID's and Passwords by persons other than WSC, or its officers and employees.

Virus and File Coverage

Although we scan for virus and file corruption after your website has been created, after it leaves our control whether via posting it for you, sending it via e-mail to you or sending you the code we DO NOT guarantee that virus and/or file corruption will not occur. We recommend to run virus protection and scan disk before loading anything on your computer.

Completion Policy

For Customers contracting with us for web design services, all work must be completed within 30 days unless the design work is a Custom Website or Database Solution or has special circumstances pre-arranged with WSC.

Once all services are created and posted to Customers account the Customers project will be considered completed and closed.

Advertising and Promotions

Our hosting and application service packages do not require the use of external advertising in exchange for lowered costs for services.

Some services include website promotion (website submission). Web site submission is done through electronic means and there are no guarantees of actual website acceptance or placement with any particular search engine provider.

Browser Compatibility Statement

All websites and database applications we design, are designed to work with FireFox (which includes Mozilla and Netscape), Internet Explorer v6.0 or higher, and new versions of Safari and Opera.

We use some of the latest website technologies to give you the best Web browsing experience possible. To take advantage of these powerful features you must have JavaScript enabled in your browser's preferences. The use of cookies is necessary to view this website and/or license a website from us. Please be sure you have cookies enabled in your browser's preferences.

Page Refresh Issues

Some ISP's cache website pages to their DNS servers. This may cause problems when trying to view recent changes to your website. When connecting to the Internet we recommend taking the following actions to see recent changes:

1) Delete your browser cache
2) Hold in your CTRL KEY and at the same time press the F5 key.

Prohibited Usage

Customer shall not use WSC's Services in violation of WSC's "Service Usage Policy" below.

Disclaimer and Indemnification

Customer agrees to use our products and services at Customer's own risk. WSC shall not be held liable in any way for any improper or incorrect use of the contents in this website.

WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services.

WSC is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either.

WSC is not responsible or liable for any types of viruses or issues arising from viruses or malfunctioning computer code because of viruses.

Submitting your contract or online order over the Internet for fax is done at your own risk and discretion. WSC holds has no liability if parties other then WSC's officers and employees obtain the contents of your submission.

Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. WSC further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services.

Customer shall defend, indemnify, save and hold WSC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against WSC, its officers and employees, that may arise or result from this website or it's services.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

Duplicating or copying any content from this or any WSC website or any patent pending modularized database solution that we create is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from WSC.

All design, images, modular database solutions, control panel administration, functionalities, applications and text are owned by WSC and are subject to copyright protection. © Web Services Corporation Inc.. All rights reserved.

All other copyrights remain property of their respective owners.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum.

Database Application Services

Customer understands that Net Member Services Applications, Modularized Database Solutions, Control Panel Administration and its functionalities are concepts of WSC and are patent pending programs that are licensed as a solution. Net Member Services Applications, Control Panel Administration, Modular Database Solutions and Control Panel Functionality are trademarks of WSC © Web Services Corporation Inc.. Net Member Services Applications, Control Panel Administration, Modular Database Solutions and Control Panel Functionality and Applications are owned by WSC, and its structure, organization and code are the valuable proprietary information of WSC, and are protected by the United States Copyright Laws.

WSC only grants to you a license to use the applications, but the code and functionality which is used in creating the website belongs to WSC.

No license is granted to you for the purpose of reverse engineering from the source code, reverse compiling from the source code or for making derivative works from the source code.

Unauthorized copying, distribution or use is strictly prohibited without written consent from WSC.

Although we run weekly back-ups of customer websites and database applications, customers are ultimately responsible to maintain a current copy of the data other than the one on our servers.

Web Design Packages Source Code Ownership and Warranty

The code that is being created for your web design package is custom created just for your account.

Ownership rights of the code purchased are transferred to the Customer when the project is complete and closed.

Because we are creating a program (website) code ownership allows you to make adjustments, transfer among servers if switching hosts an other general business procedures.

Code ownership does not include making derivative works from the source code.

Unauthorized copying, distribution or use is strictly prohibited without written consent from WSC.

Basically we don't want you to take code that is written for a specific project and copy it to make another project with the same code. That would be like buying a copy of any off the shelf code (such as Microsoft Word) and copying it to multiple machines.

You own the code for what is was written for, not to be copied over and over for personal or any type of gain.

We guarantee that the code written is ready to be posted to the World Wide Web and that there are no malfunctioning links providing we post your website to its proper directory. We DO NOT guarantee:

That your website will work correctly if it is not posted and/or hosted by us. We do not have control over the file structure or code once we send you your website.

That you will not inadvertently change the file structure, lose files, corrupt your system or completely have to start from scratch with regards to your website. We have no way of knowing your technical expertise with regards to computer technology. If for some reason you do inadvertently mess up the entire thing, feel free to call us and we will resend your website to you. We do not mind helping out with technical questions. We would rather you contact us if there are any issues than try to fix it yourself, especially if you are not technical with regards to programming technology.

All web design package website code is warranted for 30 days from the completion date except for the following reasons:

(1) If Non WSC Inc. staff members access source code all warranties are null and void. Please understand that once a non WSC staff member enters a site created by WSC, we have no way of knowing the technical ability of that person therefore we can not honor our warranty as that person may have changed the original code.

(2) Changes in transaction methods from 3rd parties.

(3) Changes in 3rd party URL's.

(4) Unforeseen changes from any 3rd party that may break current connection paths (links) to said 3rd party services.

Time to fix any issues created by non WSC staff members will be billed at a specified hourly rate determined solely by WSC.

Although we run weekly back-ups of customer websites, customers are ultimately responsible to maintain a current copy of the code other than the one on our servers.

DIY Web Design (AKA - Site Builder)

When using our DIY design services know that you are using a pre-programmed template system that is only available on the server that your account is activated on and cannot be moved or taken to another provider if the account is deactivated for any reason.

Customers do not have any rights to the code or templates.

Data Backup & Restore

Backup

Although we run weekly back-ups of customer websites and database applications, customers are ultimately responsible to maintain a current copy of the code other than the one on our servers.

If paying for our dedicated backup service customers are provided 24/7 access to electronically transfer all backup data from our servers to another location for safe keeping. Again customers are ultimately responsible to maintain a current copy of the code other than the one on our servers.

Restore

All weekly backups are of the server are are not designed to restore individual customer data. Weekly Backup is designed for catastrophic loss only. We try to help out any customer that needs files restored but there are no guarantees that exact files can be restored. Also know that this process is extremely expensive.

If dedicated backup is a requirement for your website or database we suggest using our Dedicated Backup Service.

Again customers are ultimately responsible to maintain a current copy of the code other than the one on our servers.

3rd Party Hosting Services

WSC may at it's own discretion contract with 3rd party hosting companies to provide such hosting services.

If done, WSC utilizes web hosting services from only reputable companies. As you depend on us for service, we depend on them for service. Due to circumstances beyond our control, downtime can occur. We reserve the right to change carriers at any time without notice.

If logins/passwords are provided to Customer and changed by the Customer, we must be notified immediately. If we are not notified we are not responsible for support.

Under no circumstances do we allow the contact record to be altered. Altering the contact record will result in account cancellation without refund.

You acknowledge and understand that neither WSC, nor any of its officers or employees, warrant the hosting services offered or provided by 3rd party hosting companies. WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the hosting services. You shall be bound by the terms and conditions of the hosting company. Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the hosting services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the hosting service's records, programs or services.

Return of Personal Property

Because of the nature of our business, we receive massive amounts of pictures to be scanned and electronic information. Because it impossible to administer the return of all the pictures we receive, we ask that you send us only pictures that you will not need because they will not be returned.

Privacy Policy

Your right to privacy is very important to us. We recognize that providing us with personal information is an act of trust. Our Privacy Policy has been developed protect your personal information.

Personal Information Collected

When you visit any of our websites and access information you remain anonymous. We do not require you to register or provide personal information to us to view our sites.

There are occasions when we will ask for additional information. We do this not only to better understand and respond to your needs, and provide you with services that may be valuable to you but also to set up your Customer account. Personally identifiable information will be collected in order for you to register a domain name or open a hosting account.

We will protect your personal information in storage through the use of encryption.

You can help us maintain the accuracy of your information by notifying us of any changes to your address, title, phone number or e-mail address. To update your account file, click here.

Use of Your Information

We will not provide any of your personal information to other organizations or third parties unless required to do so by law. We do not sell our clients' personal information to anyone.

Security of Your Credit Card Information

If you supply us with your credit card information, we will encrypt the card number during transmission but ultimately you submission is done at your own risk. Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than WSC, or its officers and employees.

Links to Third Party Sites

We provide links to third party sites. Since we do not control those websites, we encourage you to review their posted privacy policies.

"Cookies" are small files sent from a web server to your computer through your browser program.

There are two types of cookies: non-persistent and persistent cookies:

A non-persistent cookie enables a website to temporarily keep information on your computer as you travel from one page to another on our site. This cookie is automatically deleted from your machine when you close your browser. Because these cookies are necessary to provide some functions, failure to allow such cookies may make some of the functions on our website unavailable to you.

A persistent cookie is kept even when you close your browser. You can manually delete these cookies using commands specific to your browser and computer system. These cookies store information that would generally not change from session to session. They also contain information that would need to be reentered by you each time you visit the website. For example, we use persistent cookies to welcome our visitors to our website by displaying the date ad time of their last visit.

Use of Cookies

We use cookies for various reasons and only read cookies written by our site. We do not use cookies to obtain information on other websites that you may visit. We may use cookies to store some history about the parts of our sites that you have visited to help you navigate our site more easily or to alert you to related pages on our site that may interest you.

You may decide to send us personally identifying information, such as a message containing your domain name or login information for your account. We will only use this information to identify you as a client and to determine how to respond to your message. We will not use this information for any purpose other than to resolve the matter identified in your message.

We may occasionally update this policy.

WSC Branded Hosting Services Usage Policy

The WSC Service Usage Policy has been developed with the following objectives:

(1) Ensure security, reliability and privacy of our systems and network, and the networks and systems of others.

(2) Preserve the value of Internet resources as a conduit for free expression.

(3) Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.

(4) Avoid situations that may cause WSC to incur civil liability.

(5) Preserve the privacy and security of individual users.

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF THE OFFENDING ACCOUNT AND MAY INCUR FINANCIAL PENALTIES TO THE VIOLATOR.

General Conduct

1) Customers are prohibited from transmitting on or through any of WSC's facilities any material that is, in WSC's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

(2) WSC's facilities may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. WSC reserves the right to remove such illegal material from its servers.

(3) Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.

(4) Customers may not use abusive, unprofessional, or threatening language towards any member of our staff. Definition of any such behavior is to be solely at our discretion.

(5) Customers must provide or update WSC with accurate and up-to-date contact and billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

System and Network Usage and Security

(1) Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, password sniffing, security hole scanning, IP spoofing, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.

(2) Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

(3) Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

(4) Customers must safeguard their account passwords to prevent unauthorized access to their account.

(5) Users who violate systems or network security may incur criminal or civil liability. WSC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

(6) Customers with shared hosting accounts shall not continuously use more than 33% of the CPU resources of their server during any 24 hour period.

Prohibited Use

Although we do not have content restrictions, all content must be obtained legally and used in a legal manner. Below are examples of what we consider to be illegal content, and therefore prohibited use of service:

(1) Utilize the service in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

(a) Utilize the service to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

(b) Utilize the service to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

(c) Utilize the service to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or

(d) Utilize the service in any manner that violates applicable law.

(2) Utilize the service in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:

(a) Utilize the service to publish or disseminate information that (#1) constitutes slander, libel or defamation, (#2) publicizes the personal information or likeness of a person without that person�s consent or (#3) otherwise violates the privacy rights of any person.

(b) Utilize the service to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

(3) Utilize the service in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

(a) Utilize the service to cause denial of service attacks against WSC or other network hosts or Internet users or to otherwise degrade or impair the operation of WSC servers and facilities or the servers and facilities of other network hosts or Internet users.

(b) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any WSC systems, facilities or equipment.

(d) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.

(e) Utilize the service to (#1) forge the signature or other identifying mark or code of any other person, (#2) impersonate or assume the identity or any other person, or (#3) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).

(f) Utilize the service to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.

(g) Utilize the service to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).

(h) Utilize the service to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.

(i) Utilize the service in any manner that might subject WSC to unfavorable regulatory action, subject WSC to any liability for any reason, or adversely affect WSC's public image, reputation or goodwill, including, without limitation, sending or distributing illegal, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by WSC in its sole discretion.

(j) Utilize the service in any other manner to interrupt or interfere with the Internet usage of other persons.

(1) Harassment, whether through language, frequency, or size of messages, is prohibited.

(2) Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

(3) Customers are bound by the WSC Spam Policy.

(4) Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

(5) Malicious email, including but not limited to "mail-bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

(6) Forging of header or any other information is not permitted.

(7) Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

(8) WSC accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

(9) WSC email servers are not to be used as a storage facility for any types of mail including spam messages. Email management is essential to keeping our servers running for all users. Any account storing email which interrupts or interferes with the usage of other users or server resources is subject to email review and if necessary email deletion.

No Spam Policy

As a provider of Internet network services and management, WSC considers it an obligation to put an end to Spam. We respect your need for efficient, cost-effective and interruption-free services, and we pride ourselves on offering you one of the most scalable, reliable and redundant networks available today. To protect this service, we have the following Spam policy:

Any WSC Customer willfully responsible for Chain Letters, Sourced Spam or for Caused Spam will have their account terminated without notice and no refund of pre-paid hosting fees will be issued for the offending account. No new accounts will be permitted for any Customer previously found to be in violation of our Spam policy.

For purposes of this policy, the following definitions apply:

(a) Excessive Volume: More than 50 email messages sent in a 1-hour period.

(b) "Chain" letters: Commercial solicitations where no prior commercial relationship exists and where the recipient has not previously initiated communication Religious, philosophical, or charitable solicitations or fliers where the recipient has not previously initiated communication.

(c) Sourced Spam: Each and every Unsolicited Email Message that is sent through a single WSC supplied email account whenever that single email account originates an Excessive Volume.

(d) Caused Spam: Each and every Unsolicited Email Message, sent in an Excessive Volume by any party over any network to any party, which advertises or mentions a site hosted by a WSC Customer on the WSC network, whenever directly caused by the actions of a WSC Customer.

USENET

(1) WSC is not responsible for the content of any USENET posting, whether or not the posting was made by a WSC Customer.

(2) Postings to USENET newsgroups must comply with the written charters or FAQ for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQ explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

(3) Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").

(4) Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.

(5) Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

(6) Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

(7) A Customer may not solicit mail for any other address, other than that of the Customer's WSC account or service, with the intent to harass or collect replies after WSC's service has been terminated.

IRC

(1) WSC is not liable for the content of any communications made on IRC.

(2) IRC robots ("bots" or "clones") or IRC sessions may not be run from WSC's shared server accounts.

(3) Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.

(4) Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.

Prohibited Scripts and Applications

WSC strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script.

Material and Product Requirements

(1) Customers must ensure that all material and data placed on WSC's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on WSC's part. We shall make no effort to validate this information for content, correctness or usability.

(2) Use of WSC's facilities requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the facilities. Customers are responsible for having this level of expertise. It is not the responsibility of WSC to provide this knowledge or Customer support outside of the service defined in the Service Agreement.

(3) Customers will use only legal and properly licensed software on any equipment located on WSC's premises.

(4) The space provided by WSC is to be comprised of hypertext markup language (html) and associated files intended solely for the presentation of the Customer's website. WSC defines archiving as the storage of files on our server(s) that are not linked or related to the purpose of the website. Violation can result in warning, suspension, or cancellation.

(5) Adult material is defined by WSC as any photos or videos showing frontal nudity of either men or women. Adult material also consists of the sale of sexually explicit materials. WSC reserves the right to determine what might be considered "sexually explicit" or "sexually related".

Bandwith and Disk Space Usage and Overages

Bandwidth & Overage - Hosting accounts that are active on our servers are allowed a maximum of 10GB of transfer per month (1st to 30th). Check your package for exact bandwidth for your account. Additional bandwidth will be billed at $2.00 per gig with no incremental billing.

Disk Space & Overage - WSC disk space are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on WSC Hosting servers. Additional disk space will be billed at $5.95 per 50MB with no incremental billing.

General

THE USAGE POLICY DEFINES THE ACTIONS WHICH WSC CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO WSC's. CUSTOMERS.

If you are unsure whether any contemplated use or activity is prohibited, please contact the and we will assist you.

Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by WSC, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

WSC must further limit any exceptions made to the Service Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Please report any known violations of our policy to the .

Domain Registration Policy

Registration of domain names are open to qualified organizations and individuals on a non-discriminatory, first-come first-served basis. There is no limit on the number of registered names one organization or person can hold.

Domain Types

We offer all top level domain purchases including .com, .net and .org.

Service Types

We offer Domain Name Management services to Customers using our hosting services. Managed domain services allow us to maintain the (DNS) Domain Name Servers so that if a server goes down we can point the DNS to a newly offered server. Management of domains is primarily for less down time in case of emergency or loss of service due to equipment failure.

With Domain Management Services, Customer's site is guaranteed never to be down due to DNS issues for more than 48 hours. If hosting with us we know when your site is down due to DNS issues and can immediately make the changes on your behalf so that you're site is back on line as fast as possible.

Fees

We allow unlimited domains per Customer account number, domains are $35.00 per domain per year. All fees are due at the time of registration. Our fees include Domain Name Service, Private Registration, and Domain Management.

Renewal fees are $35.00 per domain per year.

Refunds

There are absolutely No Refunds. Please make sure the domain is spelled correctly before submitting your order.

Registration Information

All domain name registrations require valid owner and technical contact information. As your domain manager we are those contacts for a period of one year. After one year of service Customer can either renew it's Domain Service with WSC, or transfer domain to another service provider or open an account within our current domain registrar system (currently GoDaddy.com) and have domain transferred to said account. Once domain leaves our domain service we are no longer responsible for the domain or management of the domain.

Customer officially owns the domain(s) as stated on your paid in full contract even though the whois will show Web Services Corporation Inc.

Renewal Notices

Renewal notices will be sent via email 30 days prior to the expiration date of the registration. Renewal fees are due prior to renewal date. It is your responsibility to make sure we have your correct email address for billing.

Activation

A newly registered domain name will be activated within 24-48 hours of registration.

Acceptable Domain Names

Domain names can be from 1 to 62 characters in length (we do not recommend more than 23 characters), and may not begin or end with a dash (-) or contain any spaces between characters. Except for the dash (-) character, only alphanumeric characters A-Z and 0-9 are accepted. We reserve the right to deny registration of a domain name we deem offensive or inappropriate for any reason.

Acceptable Use

You agree to use your domain name in a lawful manner consistent with generally accepted business and moral standards. Although we will not restrict free speech, we reserve the right to require a Customer to cease to use a registered domain name for a purpose that is deemed to be grossly offensive to a very large group of internet users.

Customer also agree that, to the best of their knowledge, the name they are registering does not infringe on any trademark or violate any trademark and intellectual property law. If it is later found that a trademark infringement may have occurred, and a dispute arises, the registrant must agree to be bound by our Domain Name Dispute Resolution Policy.

Unacceptable Use

Use of any domain name for a purpose unlawful in the United States of America and any of its states is prohibited, and could cause deletion of your domain name.

The sending of unsolicited bulk email (spam) is also prohibited and constitutes a violation of the registration agreement.

WSC can in its sole discretion revoke, suspend, transfer or otherwise modify a domain name registration upon seven (1) calendar days prior notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

In the case of nonpayment, charge back or other direct violation of these terms and conditions, Customer agrees that we can at our sole discretion revoke, suspend, transfer or otherwise modify a domain name registration without notice.

Additional Terms and Conditions

Customer hereby acknowledges that it has received and reviewed a copy of WSC's "Service Usage Policy" provided herewith and that the terms of the "Service Usage Policy" are incorporated herein by reference.

WSC reserves the right to amend the "Service Usage Policy" from time to time and Customer shall be bound by any such amendments.

Customer shall have the obligation to periodically visit this website to review its "Service Usage Policy" and to make certain Customer is in full compliance therewith.

In the event of any inconsistencies between this Agreement and the Service Usage Policy, the terms of the Service Usage Policy shall govern.

Communication and Notices

All official communication between WSC and Customer as well as notices set forth within this agreement shall be by e-mail.

Customer shall send all notices and official communication to WSC at through the the e-mail address.

WSC shall send all notices and official communication to Customer at the e-mail address listed in Customer's account record.

It is solely Customer's responsibility to ensure that the e-mail address listed with WSC is accurate and up to date.

In the event WSC sends a notice of cancellation, renewal invoice or any other official notice to an e-mail address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

Client Information Non-Disclosure Statement

WSC does not disclose client information, ideas, layouts or overviews deemed confidential by the client to any third parties unless previous authorization has been granted by the client.

Once information is released into the public domain through any means it is no longer considered confidential and WSC is not responsible for the security of any information that was previously deemed confidential.

Branded Shopping Cart Sensitive Information Policy

The NMS Deluxe Shopping Cart System allows users to process electronic orders through a merchant provider/transaction gateway of their choice. When using the complete e-commerce transaction processing method credit card information is collected and transmitted to the appropriate processor for authorization. This information is transmitted through a dedicated secure 128bit SSL Encrypted checkout page.

Some merchant providers/transaction gateways require the use of a transaction key which is stored inside of the users 128bit SSL Encrypted password protected control panel.

At no time is information transmitted or stored without the use of 128bit SSL encryption.

Design Credit

Client agrees that the WSC may put a byline on the bottom of their index.html or main.html web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in the WSC's portfolio.

Miscellaneous

This Agreement sets forth the entire agreement between WSC and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties.

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect.

Customer may not transfer or assign this Agreement without WSC's prior written consent.

WE RESERVE THE RIGHT TO CHANGE THIS DOCUMENT AT ANY TIME WITHOUT NOTICE.