Hosting Terms & Conditions

Term of Agreement.

This Agreement shall continue in force from and after the date hereof, and shall thereafter renew automatically for successive 1 month terms, unless terminated as provided : Either party may terminate this Agreement by delivering written notice of termination to the other party within 20 days of the desired cancellation date.

Payment.

(A) Set Up Fees. Client shall pay the total set up fees as indicated on this website (www.webadvance.com), plus any additional set up fees as arranged in writing between provider and Client, not later than 30 days following the date of this Agreement.

(B) Monthly Fees. Client shall pay in advance, on the first day of each month, the total monthly fees as indicated in this website (www.webadvance.com).

Prohibited Uses.

Client shall not use, nor permit the use of by any person, the Web Site or any part thereof (a) to transmit any obscene communication (i) with intent to annoy another person or (ii) to any person under 18; or (b) to send to, or display in a manner available to, any person under 18, any communication which depicts or describes sexual or excretory activities or organs per the Communications Decency Act of 1996, 47 U.S.C. 223.

Ownership, Responsibility and Control.

(A)Responsibility and Control.

(I) Client shall inspect and monitor the Web Site weekly (or more frequently at Client's option) to ensure that no material therein is in violation of the Prohibited Uses as stated in this website (www.webadvance.com). Client shall be solely responsible for the content of the Web Site. Client hereby specifically instructs and admonishes Provider not to undertake any independent inspection of the Web Site to determine its compliance with the Prohibited Uses as stated in this website (www.webadvance.com). To the fullest extent permitted by law, the Web Site shall be deemed to be exclusively "under the control" of Client and not "under the control" of Provider within the meaning of sections 223(a)(2) and 223(d)(2) of the Act.

(II) Client shall be solely responsible for processing and filling any customer orders generated at the Web Site, if any, and for handling any customer inquiries and/or complaints arising therefrom.

(B)Indemnity.

Client hereby agrees to indemnify, and hold harmless provider and its employees, officers, and directors and pay for provider's legal counsel selected by Provider and court costs. Client hereby agrees to protect and hold harmless Provider, its general partners, officers, directors, employees, agents, assigns and successors in interest (collectively the "Indemnitees") from and against all claims, demands, suits, causes of action, legal or administrative proceedings, actual damages (including but not limited to special and consequential damages), punitive damages, penalties, fines, charges, costs, liens, injuries, losses, debts, liabilities, and expenses of every kind whatsoever paid, incurred or suffered by, or asserted against, any of the Indemnitees directly or indirectly (1) attributable to any breach of this Agreement by Client or (2) concerning product liability or alleging breach of the warranties of merchantability and/or fitness for a particular purpose, and related in any way to any product sold or offered by Client at the Web Site. To the fullest extent permitted by law, the foregoing indemnity shall apply regardless of the fault, active or passive negligence, or breach of warranty or contract by any of the Indemnitees. Both parties agree that if a law suit is brought over any dispute arising out of this agreement, that the courts in Harris County, Texas will have exclusive jurisdiction over this matter.

Default.

(A) As used herein, "Default" shall mean any of the following: (I) Client's failure to pay, when due or before the tenth day of each month, the Monthly fees described in paragraph 6 above; (II) Client's breach of the Prohibited Uses as stated in this website (www.webadvance.com); and/or (III) any breach by Client of any other provision of this Agreement or of any statute or regulation, where such breach continues for ten days following written notice thereof from Provider to Client.

(B) Upon any Default, in addition to any and all other remedies available under law to Provider, Provider may at its option restrict access by Client and/or the public to all or any part of the Web Site. Following Client's cure of such Default and written assurance to Provider that such Default will not recur, Provider shall restore full access to the Web Site.

State Law.

This Agreement shall be governed by and construed in accordance with Texas State law.

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