Live Web Host

[LWH]. ("[Live Web Host]") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

All LWH Web Hosting Customers are bound by this terms of service.

THIS AGREEMENT FOR LWH WEB HOSTING SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and ("LWH").

WHEREAS, Customer desires to utilize the LWH Web Hosting services to develop Customer's presence on the World Wide Web.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. LWH Services LWH agrees to provide to Customer the LWH Web Hosting services as set forth in Exhibit A ("LWH Web Hosting Services").

2. Payments and Invoicing

2.1. Credit Card Customers shall pay yearly in advance for our service according to our current published rates Exhibit A and as may be amended during the term of this agreement. You agree that failure to pay such charges is grounds for termination of all your services. LWH shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice.

2.2. Delinquent Accounts; LWH may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information.

3. Cancellation Customer reserves the right to cancel account at any time without penalties. Customer will not receive any refunds, excludes any over charges. Customers canceling within 14 days are eligible for our 14 Day Money Back Guarantee upon request. Setup and Optional Services fees are non-refundable. Customer agrees that no refunds will be given in the event that Customer’s account is terminated by LWH or Customer for any reason. Furthermore, Customer agrees that no refunds will be granted for cancellations by LWH due to Customer spamming, or other violations of this agreement by Customer. Customer aggress to provide a 30 day notice and all cancellations must be received in writing. Cancellations may be sent via, Postal Mail, or Fax. The account username and password must be included for verification.

4. Responsibilities of LWH 4.1. LWH shall provide Customer with Web Hosting Service as set forth in Exhibit A LWH shall perform its services to the best of LWH's ability. 4.2. LWH reserves the right to refuse service to anyone at any time. If LWH should initiate termination of services with you, LWH may provide notice to you in order to allow you to download your files. Should LWH initiate termination for any violations of this service agreement or server abuse customers losses all rights to download any stored files on the LWH servers.

5. Responsibilities of the Customer Customer shall be solely responsible for all content available on or through its site hosted by LWH, and shall at all times be subject to the terms of this Agreement.

5.1. Customer agrees not to use the LWH Web Hosting service in any manner that is illegal or libelous.

5.2. Customer warrants that its site hosted with LWH Web Hosting Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. LWH shall have no obligations with respect to the content available on or through any site hosted on the LWH Web Hosting Services, including, but not limited to, any duty to review or monitor any such content. LWH reserves the right to block any site that violates any of the above-stated terms, or which in LWH's sole discretion, LWH deems objectionable or offensive, or otherwise violates a law or LWH's policy.

5.3. Third-party software available though LWH may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

5.4. Customer agrees to abstain from conduct such as send mass, unsolicited emails (SPAMMING) sending chain letters, using more then a reasonable amount of bandwidth, violating the security of either LWH or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of LWH, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50.

5.5 Shared web hosting customers agree not to resell account packages and or give away account features. Customer's whose accounts are found in violation of this policy may, at the discretion of LWH, have their account(s) terminated without notice. Reseller packages are excluded.

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at LWH. This includes "warez" sites (freely distributing copyright programs), sites promoting hacking and/or cracking programs. LWH does not allow adult material on it’s servers, this includes, but not limited to, all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of LWH . Websites of this nature are considered non-professional and are not welcome. Customer's whose accounts are found in violation of this policy may, at the discretion of LWH, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50. Additionally, LWH may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Customer's account.

7. Warranties and Indemnification

7.1. IN NO EVENT WILL LWH's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO LWH HEREUNDER. IN NO EVENT WILL LWH BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL LWH BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. DISCLAIMERS LWH MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF LWH, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES LWH MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LWH SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.

7.3. YOU AGREE TO USE ALL LWH SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL LWH BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.

8. Term and Termination 8.1. This agreement is effective when you first use LWH Web Hosting Service and continues until terminated by either party.

8.2. Either party may terminate this agreement for any reason with upon written notice (email included) to the other party however LWH may terminate the Agreement immediately if any of the terms of this contract are no met.

9. Government of this Agreement

You agree that this service is governed by the Laws of the State of Rhode Island. You agree that the state of Rhode Island in which LWH is located shall be the location for any legal action relating to our services.

LWH can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless LWH agrees to it in writing.