Website Design & Hosting Terms and Service Agreement

1. Affordable Web Design, Inc. provides Internet World Wide Web page website design, hosting, e-commerce and e-mail services. Affordable Web Design, Inc. has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

2. Affordable Web Design, Inc.'s general policy is to act as a neutral provider of hosting the web sites; however, we reserve the right to suspend or cancel a customer's access to any or all services provided by Affordable Web Design, Inc. when we decide that the account has been inappropriately used.

2.1. Assignment of Project and Usage of Web Applications Software and Operating Systems. Affordable Web Design, Inc. reserves the right to assign subcontractors for his services and utilize third party web applications, software, zend optimizer, server, and hardware to insure the right fit for the services as well as support and on-time completion. The license for these applications and software belongs to software vendor and or GNU General Public License.

Specific Acceptable Use Policies

3. Unauthorized use of other people's accounts or computers

4. Affordable Web Design, Inc. may take preventive measures, including changing the access password, in the event there is any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking or security hole scanning.

5. Any unauthorized use of accounts or computers by an Affordable Web Design, Inc. customer, whether or not the attacked account or computer belongs to Affordable Web Design, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.

6. Affordable Web Design, Inc. reserves the right to cancel service at any time. All technical support queries must be made by using our online Technical Support Ticket system at: http://www.affordablewebdesign.com/support. The client is responsible for maintaining current backups of his/her web pages and database. We maintain our own backups in the event of a disaster, however, we do not guarantee the availability or restoration of any lost data.

Commercial advertisements with e-mail

7. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

8. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

9. Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

Abuse of Unlimited Traffic and Unlimited Storage

10. The intention of Affordable Web Design, Inc. is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be 'linked' with files (.gif, .jpeg, .exe, etc.) stored on Affordable Web Design, Inc.'s spaces.

Payment Policies

11. All accounts are billed in advance and service fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Affordable Web Design, Inc. reserves the right to change prices at any time. Credit card orders that are on a "quarterly" or "yearly" basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. AWD, Inc. may delete client's hosting space, web site files, email accounts and all other other files and database for non-payment from AWD's servers without any backup. Client agrees that (s)he will maintain his/her own web site files, email, database and other files and do not rely on AWD,Inc.'s backups. Renewal of account or re-setting up of email or web services may require a new setup fee. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Affordable Web Design, Inc. in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $35 charge. All payment is in U.S. currency.

11.1. Any accounts past due over 60 days will be charged a monthly interest rate of 2.5%. Interest charge will be applied from original due date. Any accounts over 90 days past due will be referred to our attorney or collection agency for collection and your web site will be closed until payment is received.

11.2. Website Hosting Fee - The Client agrees to pay the website hosting fee in advance, on an annual basis according to the then current price for the website hosting services. Due to the nature of our services and labor involved, website design, development , programming, marketing, search engine optimization, and hosting and any other services we offer are non-refundable. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.

11.3. In the event of collection of a past due account through court or collection agency, the Client agrees to pay attorney fees, court fees, collection agency fees, or any fees and costs incurred for such collection in full. This Agreement shall be construed in accordance with the laws of the State of Virginia and the place of jurisdiction shall be Prince William County.

11.4. Hosting billing cycle (terms) is yearly (12 months). The Billing Cycle begins on the Plan Activation Date. In order to insure uninterrupted service to your website, hosting plans will automatically renew at the end of the plan’s Billing Cycle. All technical support queries must be made by using our online Technical Support Ticket system at: http://www.affordablewebdesign.com/support.

11.5. Renewals and Cancellations. AWD web site maintenance, hosting, internet marketing and any other service plans mentioned in this agreement will automatically renew until a plan or service is cancelled. Cancellation requests must be received by AWD a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your service plan. All accounts are billed in advance and service fees, including automatic renewals are non-refundable. Cancellations become effective on the day processed by AWD. AWD is unable to cancel your account effective for a future date. AWD will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact AWD as soon as possible.

11.6. AWD, Inc. does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to AWD, Inc. services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. AWD, Inc. reserves the right to cancel any account, at any time, without notice, for any reason AWD, Inc. considers appropriate.

Lawful Purpose

12. Affordable Web Design, Inc. reserves the right to refuse service to anyone. Customers may only use Affordable Web Design, Inc.'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, and material protected by trade secrets.

Indemnification

13. Customer agrees that it shall defend, indemnify, save and hold Affordable Web Design, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Affordable Web Design, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Affordable Web Design, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Affordable Web Design, Inc.'s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Affordable Web Design, Inc.'s server.

13.1. You agree to release, indemnify, defend and hold harmless Affordable Web Design, Inc. and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Affordable Web Design, Inc. services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Affordable Web Design, Inc., including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Affordable Web Design, Inc. services, or (g) any information, material, or services available on your licensed Affordable Web Design, Inc. Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Affordable Web Design, Inc. services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

Disclaimer/Limitation of Liability

14. Affordable Web Design, Inc. will not be responsible for any damages your business may suffer a arising from or relating to your use of the Site or any goods or services provided by Affordable Web Design, Inc. or obtained in any manner through or in connection with the Site. Affordable Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. Affordable Web Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused by Affordable Web Design, Inc. or its employees.

15. Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, weather for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives an claims that these exclusions deprive such party of an adequate remedy.

16. Notwithstanding any other term or provision of this agreement, Affordable Web Design, Inc.'s liability to you or your business for any cause whatsoever, whether arising under this agreement or otherwise, shall be limited to the amount paid by you to Affordable Web Design, Inc. under this agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.

17. In no event will Affordable Web Design, Inc. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Affordable Web Design, Inc. has been advised of the possibility of such damages. AWDH has no liability for loss of or damage to data or software applications while performing service, designing and troubleshooting the web site. 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.

18. The provisions set forth above allocate the risks under this agreement between the parties. Affordable Web Design, Inc.'s Pricing reflects the allocation of risk and limitation on liability specified herein. You agree that this allocation and limitation are not unconscionable or unenforceable.

Disclaimer Please Note:

19. Affordable Web Design, Inc. is not responsible for typographical errors on any page of the www.affordablewebdesign.com website. Prices are subject to change without notice. Please hit the browser's "refresh" button to see the latest prices.