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Terms of Service (“TOS”)

You hereby warrant to us, and agree that during the term of this Agreement you will ensure that:

1) You are the owner or valid licensee of all data and/or content ("Content") you will upload to your website provided and maintained by us on our computer servers and systems ("Network"), and that you have secured all necessary licenses, consents, permissions, waivers and releases for the use of your Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by us to pay any fees, residuals, guild payments or other compensation of any kind to any person;

2) Your use, publication, and display of your Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;

3) You will comply with all applicable laws, rules and regulations regarding your Content and will use the services only for lawful purposes;

4) You have used your best efforts to ensure that your Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other types of malicious code.

5) You acknowledge that any content that we  upload to your website including notices, scrolls, and advertising is permitted under this TOS, and remains subject to our control and ownership in item #3 below.

6) You acknowledge that we have not induced you to terminate your agreements with or transfer your services from any other company(s) including web hosting, design, and programming business(es) which may have previously been providing you with similar Services.


1) You hereby grant to us a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary in the performance of our Services: a) Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink your Content; and b) Make archival or backup copies of your Content. Except for the rights expressly granted herein, we do not acquire any right, title or interest in or to your Content, all of which will remain solely with you.

2) Any feedback, data, answers, questions, comments, suggestions, ideas or the like that you send to us relating to the Services will be treated as being non-confidential and non-proprietary. We may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any lawful purpose.

3) Our trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of us or used with permission and under license to us. This includes any content that we own and upload to your website. You will not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of us. We will maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned by us to you. We may, in our sole discretion, change or remove any and all such Internet protocol numbers and addresses.

4) We hereby grant to you a non-exclusive, non-transferable, royalty-free license, for the term of this Agreement, to use the provided technology solely for the purpose of accessing and using the Services. You may not use the provided technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from us to you any right, title or interest in and to the provided technology, and all right, title and interest thereto will remain solely with us. You will not, directly or indirectly copy, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the technology provided by us, including HTML, javascript, or other source code. You acknowledge that all source code is copyright by and remains the property of Sitebiz, Inc. Any such action by you will be subject to immediate termination of your account and website and that we may sue in the appropriate court seeking compensatory triple damages in such an event.


We make no warranties or representations of any kind for the Services being offered. Our Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by us or our agents or employees shall create a warranty. We provide no warranty that the Service will be uninterrupted or error free or that any information, software or other material accessible on through the Service is free from viruses or other harmful components. Under no circumstances will we be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the Service, or for third parties' use of the Service to access your Website, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with our Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service.

You must report any material deficiencies in the Service to us in writing within thirty (30) days of your discovery of the deficiency. Your exclusive remedy for the breach of the above warranty will be the re-performance of the defective Services within a commercially reasonable time, or any Service credit set forth in any attachments to this Agreement.

You understand that by placing information on our Network that such information becomes available to all Internet users and that we have no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our Network and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through our Network or on the Internet generally.


Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to our Services, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.


You will indemnify and hold us harmless against any claims incurred by us arising out of or in conjunction with your breach of this Agreement including any third party actions against us arising from your entering into this Agreement with us as well as all reasonable costs, expenses and attorneys' fees incurred therein. Our total liability under this Agreement with respect to the Services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by you to us during the six (6) month period prior to the date the claim arises.


1) All information relating to you that is known to be confidential or proprietary must be clearly marked as such by you, and will be held in confidence by us and will not be disclosed or used by us except to the extent that such disclosure or use is reasonably necessary to the performance of the Services.

2) All information relating to us that is known to be confidential or proprietary, or which is clearly marked as such by us, will be held in confidence by you and will not be disclosed or used by you except to the extent that such disclosure or use is reasonably necessary to the performance of your duties and obligations under this Agreement.

3) These obligations of confidentiality will extend for a period of six (6) months after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.


The performance by us of our duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between us and you, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.


During the period of this Agreement and for three (3) months thereafter, you will not directly or indirectly solicit or offer employment to or hire any employee, former employee, subcontractor or former subcontractor of us. The terms "former employee" and "former subcontractor" will include only those employees or subcontractors of either party who were employed or utilized by us within three (3) months immediately prior to the alleged violation.


You will not assign this Agreement, in whole or in part, without the prior written consent of us. We may assign this Agreement as part of our business practice. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.


Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the State of Texas. The arbitration will be held in Houston, Texas. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.


If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs.


If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.


Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.


The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties hereto.


We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the Service without notice if you engage in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this agreement. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.


You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.


You agree not to maliciously or intentionally interfere with the proper operation of our operating system or Network , including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by us, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service of our Network. You agree to abide by any and all future policy decisions made by us concerning our Network and Services.


You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify us immediately by telephone at 713-748-3249. You shall be held fully responsible for any misuse or compromise to your account for which we are not properly notified. You agree that if any security violations are believed to have occurred in association with your account, we have the right to suspend access to your account and website(s) pending an investigation and resolution. You also agree that we have the right to cooperate in any government or legal investigation regarding any aspect of our services, including Services sold to you. Any use of our Network to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.


We provide a secure PCI compliant platform, including all customer accounts and websites hosted by us to safeguard sensitive cardholder data over our Network and the Internet. The use of our Network platform requires a current SSL with a level of security acceptable to us. If you fail to maintain your SSL Certificate, your website may fail to comply with the minimum PCI standards regardless of our Network's certification. If you desire, we can provide and will maintain your SSL Certificate. We strongly recommend this action to protect you and your website from hackers, crooks, identity and credit card thieves lurking on the Internet. We can provide you with a special SSL Certificate service on a special discounted basis for the Comodo HackerProof Trust Mark which includes their Daily Vulnerability Scanning of your website. This SSL Cert also includes their unique trustmark featuring exclusive technology to display on your website.


If you choose to store or view credit card information, you are certifying that you understand and are following all PCI guidelines for handling credit card information. These guidelines can be found on Visa's website.

If you do not follow all of the PCI guidelines for handling credit card information then you are in breach of your contract with us and possibly with the credit card companies Visa/MasterCard/Discover/American Express. You agree to indemnify and hold us harmless from any and all claims, costs or damages associated with your failure to follow PCI guidelines.

At our discretion, we reserve the right to change your website security settings at any time with or without warning. We further reserve the right, but not the obligation, to suspend or terminate your account if is suspected or proven to be in violation of minimum PCI guidelines.

Effective Date August 18, 2017