Legal Terms

This Web Hosting Agreement (this “Agreement”) is between Florida Web Architects LLC, a Florida Company formed under the laws of the State of Florida with its principal office at 20301 Grande Oak Shoppes Drive, Suite 118-52, Estero, FL 33928 (“Florida Web Architects”) and the person (individual or legal person or legal entity) who signs Florida Web Architects’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Florida Web Architects’s Web Hosting service.

1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Florida Web Architects’s credit approval requirements, Florida Web Architects agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that Florida Web Architects generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew unless Florida Web Architects or Customer provides the other with written notice of non-renewal through the customer center which is located at http://www.flwebarchitects.com/whmcs. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. Florida Web Architects may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Florida Web Architects to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Florida Web Architects will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing Florida Web Architects with changes to billing information (such as credit card expiration, change in billing address) at its option, Florida Web Architects may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Florida Web Architects may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Florida Web Architects may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Florida Web Architects’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Florida Web Architects’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases.

Florida Web Architects may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Taxes.

At Florida Web Architects’s request Customer shall remit to Florida Web Architects all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Florida Web Architects); regardless of whether Florida Web Architects fails to collect the tax at the time the related services are provided.

(d) Refunds.

Refunds are only valid on the the initial term for Shared and Reseller web hosting packages. Refunds are not available on VPS Servers, Dedicated Servers, Cloud Servers, or Domain Registrations, or any other services not listed here. Refunds are not available on account renewals.

(e) Credits.

At times when a Credit is issued to an account for any reason, this credit is non-refundable. Furthermore any positive credit balance on an account at the time of account termination is immediately forfeited.

(f) Early Termination.

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Florida Web Architects terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Florida Web Architects’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

(g) Chargebacks

All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal (“Dispute”) will be immediately suspended or terminated pending investigation. The Customer agrees to pay a “Research Fee” of $35.00 USD per Dispute regardless of the actual validity of the charge.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and Florida Web Architects’s Acceptable Use Policy posted at http://www.redcellar.com/legal (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Florida Web Architects may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Florida Web Architects’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Florida Web Architects’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Florida Web Architects and Customer regarding the interpretation of the AUP, Florida Web Architects’s commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to Florida Web Architects that the information he, she or it has provided and will provide to Florida Web Architects for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Florida Web Architects that he or she is at least 18 years of age. Florida Web Architects may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification

Customer agrees to indemnify and hold harmless Florida Web Architects, Florida Web Architects’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

Florida Web Architects DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Florida Web Architects DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

8. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Florida Web Architects AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination

1. Suspension of Service.

Customer agrees that Florida Web Architects may suspend services to Customer without notice and without liability if: (i) Florida Web Architects reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Florida Web Architects reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Florida Web Architects’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Florida Web Architects fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Florida Web Architects prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from Florida Web Architects describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Requests for Customer Information

Customer agrees that Florida Web Architects may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Florida Web Architects believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Florida Web Architects notwithstanding any agreement by Florida Web Architects to provide back up services.

12. Changes to Florida Web Architects’s Network

Upgrades and other changes in Florida Web Architects’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Florida Web Architects reserves the right to change its network in its commercially reasonable discretion, and Florida Web Architects shall not be liable for any resulting harm to Customer.

13. Notices

Notices to Florida Web Architects under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.flwebarchitects.com/aboutus/contact/ Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure

Florida Web Architects shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Florida Web Architects’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN HARRIS COUNTY, TEXAS, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Florida Web Architects unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Florida Web Architects’s prior written consent. Florida Web Architects’s approval for assignment is contingent on the assignee meeting Florida Web Architects’s credit approval criteria. Florida Web Architects may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

17. Refuse Service

Florida Web Architects reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.

We are a reseller and your “Primary Service Provider” of eNom LLC. All domain names registered through our website are registered through eNom. As such, by purchasing a domain name through our website you are agreeing to the terms of service available at https://www.enom.com/reseller/legal-policy-agreements/.

Domains purchased through our website are registered by us and licensed to you for use. We reserve the right to terminate this agreement at any time and for any reason.

This Domain Name Agreement (this “Agreement”) is between Florida Web Architects LLC, a Florida Company formed under the laws of the State of Florida with its principal office at 21424 Bella Terra Blvd, Estero, Florida 33928 (“Florida Web Architects”) and the person (individual or legal person or legal entity) who signs Florida Web Architects’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Florida Web Architects’s Web Hosting service.

1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Florida Web Architects’s credit approval requirements, Florida Web Architects agrees to provide the domain name services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that Florida Web Architects generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of years stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew unless Florida Web Architects or Customer provides the other with written notice of non-renewal through the customer center which is located at http://www.flwebarchitects.com/whmcs. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. Florida Web Architects may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Florida Web Architects to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Florida Web Architects will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing Florida Web Architects with changes to billing information (such as credit card expiration, change in billing address) at its option, Florida Web Architects may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Florida Web Architects may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Florida Web Architects may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Florida Web Architects’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Florida Web Architects’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases.

Florida Web Architects may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Taxes.

At Florida Web Architects’s request Customer shall remit to Florida Web Architects all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Florida Web Architects); regardless of whether Florida Web Architects fails to collect the tax at the time the related services are provided.

(d) Refunds.

Refunds are only valid on the the initial term for Shared and Reseller web hosting packages. Refunds are not available on VPS Servers, Dedicated Servers, Cloud Servers, or Domain Registrations, or any other services not listed here. Refunds are not available on account renewals.

(e) Credits.

At times when a Credit is issued to an account for any reason, this credit is non-refundable. Furthermore any positive credit balance on an account at the time of account termination is immediately forfeited.

(f) Early Termination.

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Florida Web Architects terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Florida Web Architects’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

(g) Chargebacks

All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal (“Dispute”) will be immediately suspended or terminated pending investigation. The Customer agrees to pay a “Research Fee” of $35.00 USD per Dispute regardless of the actual validity of the charge.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and Florida Web Architects’s Acceptable Use Policy posted at http://www.floridawebarchitects.com/legal (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Florida Web Architects may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Florida Web Architects’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Florida Web Architects’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Florida Web Architects and Customer regarding the interpretation of the AUP, Florida Web Architects’s commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to Florida Web Architects that the information he, she or it has provided and will provide to Florida Web Architects for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Florida Web Architects that he or she is at least 18 years of age. Florida Web Architects may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification

Customer agrees to indemnify and hold harmless Florida Web Architects, Florida Web Architects’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

Florida Web Architects DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Florida Web Architects DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

8. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Florida Web Architects AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination

1. Suspension of Service.

Customer agrees that Florida Web Architects may suspend services to Customer without notice and without liability if: (i) Florida Web Architects reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Florida Web Architects reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Florida Web Architects’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Florida Web Architects fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Florida Web Architects prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from Florida Web Architects describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Requests for Customer Information

Customer agrees that Florida Web Architects may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Florida Web Architects believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Florida Web Architects notwithstanding any agreement by Florida Web Architects to provide back up services.

12. Changes to Florida Web Architects’s Network

Upgrades and other changes in Florida Web Architects’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Florida Web Architects reserves the right to change its network in its commercially reasonable discretion, and Florida Web Architects shall not be liable for any resulting harm to Customer.

13. Notices

Notices to Florida Web Architects under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.flwebarchitects.com/#contact Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure

Florida Web Architects shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Florida Web Architects’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN HARRIS COUNTY, TEXAS, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Florida Web Architects unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Florida Web Architects’s prior written consent. Florida Web Architects’s approval for assignment is contingent on the assignee meeting Florida Web Architects’s credit approval criteria. Florida Web Architects may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

17. Refuse Service

Florida Web Architects reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.

Website Maintenance Agreement

This Website Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Client”) and applies to the purchase of all Website Maintenance Services (hereinafter collectively referred to as “Maintenance Services”) ordered by Client.

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services.

This Agreement may be terminated by either party upon 30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Florida Web Architects LLC (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with Florida Web Architects LLC or hinders Florida Web Architects LLC’s ability to perform the Maintenance Services hereunder, including cutting off access to, or changing passwords without out knowledge to, services we use in our maintenance tasks.

Maintenance Services

Florida Web Architects LLC agrees to provide Client with Maintenance Services as described in this Agreement. Maintenance Services include:

• Regular updates to Client’s WordPress backend software, including WordPress, plugins, and themes.*
• Cloud backup of website on a daily, weekly, or monthly basis, depending on Maintenance Package purchased.*
• Recovery of website files from backups, as needed.*
• Uptime monitoring (if included in package purchased).*
• Regular security scans (if included in package purchased).*
• Updates to text, images, and other minor changes to Client’s website pages, for packages that include a retainer in them (does not apply to all packages). The amount of time dedicated towards these tasks each month will be determined by the Maintenance Package purchased by Client at the time of signup.
• Any website support requests, above and beyond what is outlined in package above, or WordPress support questions requiring a response by Florida Web Architects LLC, will count towards the monthly allotted time. If Client’s package has no monthly allotted time includes, Client agrees to pay the standard hourly rate for support services provided by Florida Web Architects LLC.
• Regular reporting (frequency of reports depends on Maintenance Package).
• *These are tasks that are done throughout the month and will be detailed in your monthly report. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

Malware, Spam, or Malicious Code

Removal of malware, spam, and malicious code from Client’s website is available for an additional charge of $699 per incident for clients who are on a Maintenance Plan at the time of infection. We do everything we can to help you avoid possible infections from such things, however, they can still happen unfortunately.

Removal of malware, spam, and malicious code that is already existing on a website when a Client signs up for a Maintenance Plan will be charged at a rate of $899 for removal. This charge includes a one year subscription to WordFence Premium ($99 value) after removal has been done. We will:

• Clean the infection.
• We will investigate how the Attackers gained entry.
• Remove any malicious code and malware links in your posts, pages, comments and source code.
• Provide an in-depth report of the infection removal and investigation.
• Work with search engined, anti-malware, and anti-spam blacklists like Google and Symantec to remove your site.
• Provide a detailed checklist to protect the site from future attacks.

Fees; Limitations on Refunds and Cancellation Fees

Client agrees to pay Florida Web Architects LLC any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services.

THE Client FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY Client, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE Client FURTHER AGREES TO PAY UPON CANCELLATION ANY OTHER AMOUNTS DUE TO Florida Web Architects LLC FOR WORK PROVIDED AT CLIENT’S REQUEST ABOVE AND BEYOND THE MONTHLY ALLOTTED TIME OF MONTHLY AGREEMENT. Florida Web Architects LLC IS HEREBY AUTHORIZED TO CHARGE CLIENT’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CLIENT TO Florida Web Architects LLC.

Client Responsibilities

For the purposes of providing these services, Client agrees:

• To properly convey to Florida Web Architects LLC the information that needs to be changed or added.
• To answer any questions from Florida Web Architects LLC, in regards to task work on website, promptly.
• To provide Florida Web Architects LLC with access to its website for creating new pages, and making changes for the purpose of providing Maintenance Services.
• To provide Florida Web Architects LLC access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on hosting provider.

Client Acknowledgements

Client understands, acknowledges and agrees that:

• The amount of time allotted for updates to text, images, and other minor changes, is determined by the Maintenance Package that they purchased and will be billed in fifteen (15) minute increments.
• Client understands that all work for monthly maintenance tasks will be scheduled according to Florida Web Architects LLC’s workflow. We have a process and maintain sites for many Clients, therefore all website updates work that counts towards your monthly time allotment is done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
• Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be “bumped” and moved to the “end of the line” in our work queue. Depending on the time of month, this could cause that task to roll over into the next month’s bucket of update requests.
• Once the time allotted in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing.
• All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
• Should the Client wish to have additional tasks completed in the same month, they will be billed on an hourly basis of $125 per hour less the discount rate provided for such work in the Maintenance Package that they purchased.
• Client understands that if they provide Florida Web Architects LLC with a maintenance task and the task has been completed, then they wish to make changes to the task, any additional time to make these changes will count towards the monthly allotment of time.
• Website updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
• Website updates do not include website redesign, re-alignment or re-development equalling more than 50% change to web page, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%).
• CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
• Maintenance Agreement does not include training on how to use your website, WordPress, or email.
• Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
• All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:00 PM (EST).
• Florida Web Architects LLC has no control over your hosting company in regards to server downtime, incompatibilities with software, PHP compatibility issues, etc.
• Florida Web Architects LLC is not responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is toe maintain and keep your website running at it’s optimal capabilities. We are not your IT team.
• Florida Web Architects LLC has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
• Additional fees could be charged if the information provided has to be typed and exceeds the amount of time to do that is allotted in our Maintenance Package.
• If changes are made by Florida Web Architects LLC according to Client’s information, and the changes are not correct, additional time to remedy the changes fall under the time allotted each month.
• Unused time is not accumulative. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month.
• Florida Web Architects LLC is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
• Florida Web Architects LLC is not responsible for changes made to Client’s web site(s) by other parties, including the Client themself.
• During the duration of this contract, the Client agrees that Florida Web Architects LLC will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site. If a party, including the Client, other than Florida Web Architects LLC makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
• Florida Web Architects LLC is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
• Florida Web Architects LLC will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
• Recovery or repair of Client’s website is not guaranteed.
• Availability of backups is not guaranteed.
• Scheduling of Maintenance Tasks – Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time. Because time is at a premium, we don’t take on more Clients than we can handle, however, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and for all of our Clients. When we take on a Maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time allotment. Please understand that the scheduling of these tasks is totally at the discretion of Florida Web Architects LLC. The only time we “bump” one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance an eCommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the amount of time you have contracted for each month towards updates, however we do it in accordance with our schedule. This is the only way we can be fair to all of our Clients.
• Additional Services – Additional services not listed herein will be provided for a fee of $125 USD per hour. Florida Web Architects LLC is not responsible for search engine optimization (SEO), developing new content, or writing new copy for Client. Client will be charged an additional fee for writing content, based on the hourly rate of $125 USD per hour (discounted fees do not apply toward this type of work). Clients who need SEO work done must sign up for one of our SEO Packages.

Indemnification

Client shall indemnify and hold harmless Florida Web Architects LLC (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Florida Web Architects LLC as a result of any claim, judgment, or adjudication against Florida Web Architects LLC related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Florida Web Architects LLC (the “Client Content”), or (b) a claim that Florida Web Architects LLC’s use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Florida Web Architects LLC must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defense and all related negotiations.

Disclaimer of All Other Warranties

Florida Web Architects LLC DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE Client’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH Client. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, Florida Web Architects LLC PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Limited Liability

IN NO EVENT SHALL Florida Web Architects LLC BE LIABLE TO Client FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. Florida Web Architects LLC MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Client Representations

Client makes the following representations and warranties for the benefit of Florida Web Architects LLC:

• Client represents to Florida Web Architects LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Florida Web Architects LLC are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Florida Web Architects LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
• Client guarantees to Florida Web Architects LLC and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
• Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Florida Web Architects LLC for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Florida Web Architects LLC and its subcontractors from any liability or suit arising from the use of such elements.
• From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Florida Web Architects LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Confidentiality

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Florida Web Architects LLC and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure

Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties

Florida Web Architects LLC, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Florida Web Architects LLC, whether by regulation or contract. In no way is Florida Web Architects LLC to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Notice and Payment

Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

Jurisdiction/Disputes

This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

Assignability

Client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Florida Web Architects LLC. Florida Web Architects LLC reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

No Inference Against Author

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

Disputes

Client and Florida Web Architects LLC agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Lee County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Read and Understood

By purchasing a Maintenance Package, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.

This Acceptable Use Policy (“AUP”) governs the use of Florida Web Architects LLC’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Florida Web Architects LLC regarding the interpretation of this AUP, Florida Web Architects LLC’s interpretation, in its reasonable commercial judgment, shall govern.

Offensive Content

You may not publish or transmit via Florida Web Architects LLC’s service any content that Florida Web Architects LLC reasonably believes:

• constitutes child pornography;
• constitutes pornography or adult related material;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Florida Web Architects LLC; or
• is otherwise malicious, fraudulent, or may result in retaliation against Florida Web Architects LLC by offended viewers.

Content “published or transmitted” via Florida Web Architects LLC’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Florida Web Architects LLC.

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

Obeying the Law

As Florida Web Architects LLC is registered and located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by Florida Web Architects LLC, whether located within the US or other countries.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Florida Web Architects LLC customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.

Abusive Actions

Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

Restriction on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:

• Accounts must have valid, working websites, and not violate any previously subscribed terms
• Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
• Accounts are not for use of mass distribution of files, such as torrents or mirrors
• Any account found violating these terms may be suspended or terminated without warning

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Florida Web Architects LLC’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Florida Web Architects LLC will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Florida Web Architects LLC network, please send your notice of copyright infringement to [email protected].

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Florida Web Architects LLC to locate the material;
• Information reasonably sufficient to permit Florida Web Architects LLC to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Florida Web Architects LLC network.

Disclaimer

Florida Web Architects LLC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Florida Web Architects LLC network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Florida Web Architects LLC and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Florida Web Architects LLC’s network.
• Use of Florida Web Architects LLC’s network in a way that unreasonably interferes with Florida Web Architects LLC’s other customers use of the network