================================= * * BV Signature Terms of Service * ================================= As a customer of the BV Signature Service you (Client) agree to be bound by the following terms of service provided by BV Software (Provider): I. Financial Arrangements ------------------------- a. Length of service Client agrees to an initial contractual term or service (“Term”) as described by the BV Signature plan selected. The length of contract required is based on the type of service desired by the Client and shall be determined solely by the Provider. b. Service Start Date The first payment (if payment is required) plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Provider's receipt of payment for such first Term of service or upon a mutually agreed upon other date. c. Renewal by Client This agreement will automatically renew for successive Term according to the original contract length based on the service plan selected by the Client, unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Demo plans do not renew under any circumstances. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account. d. Failure to Pay Failure of Client to remit payment to Provider by the invoice due date shall result in late fees at the rate of 5% per week late. Failure of the Client to remit payment to the Provider within 30 days of the invoice date is cause for removal of the Client's web site files from the Provider’s hosting server or cause to disconnect the Client’s web site from the Provider’s services. Client agrees that Provider shall not be held liable for such removal or disconnection. 2. In the case of a customer's collocated server, failure of a Client to remit payment to Provider by the invoice due date shall result in late fees at the rate of 5% per week. Failure of the Client to remit payment to the Provider within 30 days of the invoice due date is cause for the server to be disconnected from the Provider’s network and unplugged without further notification by the Provider. Client agrees that Provider shall not be held liable for such removal or disconnection. Disconnected customer owned equipment shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. Provider shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over sixty days, after which the equipment will be deemed to be abandoned by the customer. e. Refund Policy 1. As detailed above, cancellation by Client must be in writing with 30 days notice. 2. Setup charges are not refundable under any circumstances. 3. The first Term of service is not refundable under any circumstances. 4. Refunds of renewal fees paid to Provider shall only be made for fully unused calendar months of service that the Client desires to cancel. 5. Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the policies listed herein. f. Method of Payment Client shall provide a valid credit card and billing information to the Provider. The Client expressly agrees to have their credit card charged monthly or quarterly by the Provider for the charges associated with this contract. Client may request to be invoiced on a monthly or quarterly basis and, subject to approval by the Provider, will provided payment by check by the invoice due date each term. g. Payment Amount Client shall pay the Provider according to the service plan selected. II. Taxes --------- a. Provider shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Client using Provider's server. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Client. III. Service Description ------------------------ a. General Description Provider will provide server computers which are integrated into the Internet for the purpose of serving web pages, providing email, DNS and other services. These server computers shall send and receive information in relationship to the World Wide Web. Client wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of Provider to establish an Internet web presence. b. SPAM (unsolicited email) Provider has a strict NO SPAM policy. Client agrees not send any SPAM related to your site from any computer without written approval of Provider. Any account that ignores this policy and sends SPAM anyway will be terminated. c. Bulk Email Provider has partnered with several 3rd party vendors to provide high quality bulk email services. Client agrees that they will not send more than 1,000 email messages per week from sites hosted with the Provider without prior written permission. Any account that ignores this policy may be terminated at the discretion of the Provider. d. Adult Sites Provider does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form without prior written consent. e. Illegal Information and Lawful Purposes Provider does NOT host any site which contains or promotes illegal products or information of any kind. The Client may only use Provider's service for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. f. Other Prohibitions and Restrictions Client hereby agrees that all domain names and any material submitted for publication on Provider’s servers through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Provider retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Provider from any claim resulting from your publication of materials or your use of those materials. g. Bandwidth and Storage Client agrees that use of the Services hereunder will not exceed the bandwidth and web site and email storage usage limits set out in the hosting offering. The current limits are determined in attachment “B” which is attached to and considered part of this agreement. Should the Client use any bandwidth or storage space in excess of the agreed upon numbers, Provider may, in its sole discretion, assess Client with additional charges, suspend the performance of the Service, or terminate this Contract. In the event that Provider elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. h. Server Resources Provider prohibits any Subscriber Content or activities that use excessive server resources, or may adversely affect any other Customers. Client understands that they share server resources with other Customers. In order to provide a stable and reliable hosting environment, server resources are limited for each account, which may include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections, total bandwidth usage and disk space allocation. i. Domain Names As part of the Services, Client may provide Provider with a registered domain name or names or Provider may register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any Network Solutions' or other registration services' policies, or any law or regulation. You agree to promptly reimburse Provider for any fees paid by Provider to Network Solutions or other registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Provider will attempt to register with Network Solutions or other registrar an alternative domain name chosen by you. You agree to be bound by the terms of InterNIC's then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Provider of any fees paid with respect to the registration of such unusable domain name. Client hereby waives any and all claims which it may have against Provider, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Provider for any reason. IV Trademarks and Copyrights ---------------------------- a. Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by the Provider. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. V. Indemnification ------------------ a. The Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider's Server; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Client sold on the Provider Server. b. With respect to the service to be provided herein, the Client acknowledges that Provider makes absolutely no warranties whatsoever express or implied. The Client acknowledges that by using any shopping cart system, whether provided by Provider or not, Provider will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system. VI. Limited Liability --------------------- a. Use of Services The Client expressly agrees that use of Provider's Services is at the Client's sole risk. Neither Provider, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Provider's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Provider’s service, unless otherwise expressly stated in this Agreement.Under no circumstances, including negligence, shall Provider, its officers, agents or anyone else involved in creating, producing or distributing Provider's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider’s service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. The Client hereby acknowledges that this paragraph shall apply to all content on Provider's service.Notwithstanding the above, the Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Client paid to Provider as part of this Agreement during the three (3) months immediately preceding the date on which the Client’s claim accrued and any reasonable attorney's fee and court costs. VII. Lawful Purpose ------------------- a. The Client may only use Provider's service for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. VIII. Miscellaneous Provisions ------------------------------ a. Entire Contract. This Contract, in conjunction with all policies and guidelines incorporated herein by reference, constitutes the entire Contract between Client and Provider with respect to the subject matter hereof and there are no representations, understandings or Contracts which are not fully expressed in this Contract and the related policies and guidelines. b. No Fiduciary Relationship; No Third-Party Beneficiaries. Provider is not the agent, fiduciary, trustee or other representative of Client. Except for the rights of Provider's suppliers, nothing expressed or mentioned in or implied from this Contract is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Contract. This Contract and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto. c. Amendments. Except as expressly provided in this Contract, no amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the parties. d. Identification. Provider may, free of any obligation to pay compensation, use your name and identify you as a Provider client, in advertising, publicity, or similar materials distributed or displayed to prospective clients. e. Choice of Law and Forum. THIS Contract WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS Contract MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN RICHMOND, VIRGINIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. f. Non-Assignment. You may not assign this Contract or any right or obligation hereunder by operation of law or otherwise, without Provider's prior written consent. Provider may assign its rights and obligations under this Contract, and may utilize affiliate and/or agents in performing its duties and exercising its rights hereunder, without Client’s consent. Subject to that restriction, this Contract will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. g. No Waiver. Provider's failure to enforce the strict performance of any provision of this Contract will not constitute a waiver of Provider's right to subsequently enforce such provision or any other provisions hereunder or thereunder. h. Severability. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Contract, if applicable, shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. i. Survival All provisions of this Contract relating to Client’s warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof. IX Software Upgrades -------------------- a. Provider as needed and at times without notice will need to perform software upgrades, security patches and updates, install bug patches that are made available by our vendors, and other misc. server-related upgrades. Provider shall not be liable for any malfunction, web site error or any other issue that may arise with your site as a result of these upgrades. Attachment B - Bandwidth and Storage Limits =========================================== B1. Hard Disk Storage Space: ---------------------------- Basic Plan - 1GB Premium Plan - 2GB Semi-Dedicated - 50GB Dedicated - 100GB B2. Unlimited Bandwidth: ------------------------- All plans come with unlimited bandwidth for normal store usage. Abuses or intentional use of excessive bandwidth is subject to the terms of section 3H of the main body of this agreement.