Please read the following terms for our hosting services and website development services. After reading these terms, please provide the information below to establish your account.

Website Hosting Terms of Service and User Agreement This Agreement is a contract between you and Southern WebWorks, Inc. and applies to the use of the Southern WebWorks, Inc. Hosting service and any related products and services (collectively the "Service"). In this Agreement, "you" or "your" refers to any person or entity using the Service ("Users"). Unless otherwise stated, "Southern WebWorks, Inc.", "Southern WebWorks, Inc.", "we" and "our" will refer collectively to Southern WebWorks, Inc. Communications, Inc. and its affiliates, directors, employees, agents and contractors. By providing payment to Southern WebWorks, Inc. for hosting services and by using Southern WebWorks, Inc.'s servers, you agree to the terms and conditions of this Agreement. You further agree that this Agreement forms a legally binding contract between you and Southern WebWorks, Inc., and that this Agreement constitutes "writing signed by You" under any applicable law or regulation. The Client certifies that he or she is at least 18 years of age. Unless otherwise stated, all references to a "credit card" include Visa-, MasterCard- and American Express- branded debit cards. Financial Arrangements 1. You agree to a 12 month contract, beginning upon the initial Southern WebWorks, Inc.- Client transaction. 2. First 2 months payment will be due upon time of account activation. 3. This agreement will automatically renew for successive 12 month periods unless cancelled in writing prior to the renewal date. 4. If you selected the postal payment method, you must mail Southern WebWorks, Inc. the due amount in check or international/certified money order. If you selected to pay by credit card, you will receive a receipt by e-mail prior to billing. Renewal of Services by you indicates agreement to contract revisions. 5. If you wish to discontinue the Service prior to the end of the billing cycle, you can request a credit at any time for the unused pre-paid service period. Taxes Southern WebWorks, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. Material and Products 1. Southern WebWorks, Inc. does provide domain registration services and will handle the registration of domain names if you choose. 2. Client will provide Southern WebWorks, Inc. with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Southern WebWorks, Inc., who shall make no effort to validate this information for content, correctness or usability. 3. Use of the Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of desired content of server space by the Client. 4. Although Southern WebWorks, Inc. is willing to provide technical support, you agree that it is not the obligation of Southern WebWorks, Inc. to provide this knowledge or customer support outside the defined Service of Southern WebWorks, Inc. 5. Southern WebWorks, Inc. makes no warranties or representation of any kind, whether expressed or implied for the Service it is providing. Southern WebWorks, Inc. also disclaims any warranty of merchantability or fitness for particular purposes and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Southern WebWorks, Inc. is at the Client's own risk, and Southern WebWorks, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Southern WebWorks, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. Southern WebWorks, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability.   Trademarks and Copyrights Client warrants that it has the right to use the applicable trademarks, if any. Software Southern WebWorks, Inc. makes no representations, warranties or assurances that the Client's equipment will be compatible with the Service. Internet Etiquette Electronic forums such as mail distribution lists and USENET newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Southern WebWorks, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Southern WebWorks, Inc. staff. All messages transmitted via Southern WebWorks, Inc. should correctly identify the sender. User may not alter the attribution or origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access. In addition, the use of unsolicited bulk email (SPAM) for advertising, promotion or other purposes is forbidden. Such practices will not be tolerated and are grounds for contract termination. This applies both to email sent from any Southern WebWorks, Inc. server and to email sent from other servers making reference to a website on a Southern WebWorks, Inc. server. Termination This agreement may be terminated by either party with 60 days prior written notice. Not withstanding the above, Southern WebWorks, Inc. may terminate Service under this agreement at any time, without penalty, if the Client fails to comply with the terms of this agreement. Limited liability 1. Client expressly agrees that use of Southern WebWorks, Inc. servers is at Client's sole risk. Neither Southern WebWorks, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Southern WebWorks, Inc. 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 server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this agreement. 2. UNDER NO CIRCUMSTANCES, SHALL SOUTHERN WEBWORKS, INC., ITS OFFICES, AGENTS OR ANY ONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOUTHERN WEBWORKS, INC. SERVER SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOUTHERN WEBWORKS, INC. SERVER 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 OR COMMUNICATION FAILURE. CLIENT HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT ON SOUTHERN WEBWORKS, INC. SERVER SERVICE. Lawful purpose Client may only use Southern WebWorks, Inc. servers for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. Furthermore, Southern WebWorks, Inc. expressly forbids anyone from using Southern WebWorks, Inc. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Southern WebWorks, Inc. administration. Indemnification 1. Attorney Fees and Expenses: Client agrees that it shall defend, indemnify, save and hold Southern WebWorks, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against Southern WebWorks, Inc., 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Southern WebWorks, Inc. against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Southern WebWorks, Inc. servers; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Southern WebWorks, Inc. servers. Contract Revisions Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the Client on renewal of Southern WebWorks, Inc. Services as specified in Section I. Financial Arrangements. Entire Agreement and Severability This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect. _______________________________ Website Development Terms of Service Southern WebWorks, Inc.'s desire is to delight our clients. One way is to make clear our understandings with each other. These are the terms of our agreement together: 1. Authorization. The above-named client is engaging Southern WebWorks, Inc., located at 13326 S.W. 28th Street Davie, FL 33330-1102, for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Southern WebWorks, Inc. to access this account, and authorizes the web hosting service to provide Southern WebWorks, Inc. with "write permission" for the client's web page root directory and any other directories, databases, or programs which need to be accessed for this project. The client also authorizes Southern WebWorks, Inc. to publicize their completed website to their portfolio, Web search engines, as well as other Web directories and indexes. 2. Standard Website Package Elements. (For Standard Website Packages Only. Cross out for online stores.) Southern WebWorks, Inc. includes the following elements in their Standard Website Packages: • E-mail/phone consultation (Up to 3 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own web page editor if desired. Telephone long distance charges are in addition to package rates quoted. Additional education, training, and consultation is at our hourly rate of $65 per hour.) • Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette. web pages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.) • Links to external pages, as needed. • Custom Graphics Package. Masthead graphic on first page (customized Flash or graphic template integrating customer's new logo design). Top-of-page FLASH or graphic Template changes for all other static pages in your website. All graphics to stay within general look and feel established. • Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites and up to 12 images displayed on "regular" online store pages, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra). • Installation of web pages will be on Southern WebWorks Inc.'s servers in the client's established web development site (typically client.swebworks.com) and will be enabled with appropriate bandwidth and server resources at the time the site is published. All server technical issues are to be handled by Southern WebWorks, Inc. unless otherwise noted amongst all parties. • Minor updates and changes are limited to 5% of the total project time, subject to the limits outlined below. Additional changes are billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages unless there is an error by Southern WebWorks, Inc. or its representatives. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality. This does not include adding features past the scope of this project outlined in the website planning worksheet. • Key Phrase Optimization & Meta Tag Generation will be set up on the homepage of a new website on a one-time basis using our own techniques ( Trade Secret ). Title only will be placed on remaining pages. Ongoing web site marketing and copy writing will require an additional service fee. • E-mail response link on each web page to any e-mail address the client designates. An online feedback form will also be created on the contact us page. Includes up to 10 fields. Extra charges may be incurred if the client's web hosting service does not use an NT operating system. Not included in the package price for sites smaller than 5 pages. This is not included in online stores, since the shopping cart software is a functional equivalent. Exceptions may be made if secure shopping cart is provided via Paypal or other basic credit card processing service. 3. Standard Website Packages only. (Cross out this section for online stores.) The content of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet". This website includes up to ( 5 ) static web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Southern WebWorks, Inc. an additional $200 for each additional web page. The addition of Functional pages will be estimated on a per page or per project basis. Graphics or photos beyond the allowed average of 3 per web page shall be billed at an additional fee. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. 4. Online stores only. (Cross out section for Standard Website Packages.) The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. and the Store Planning Worksheet dated _____________. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from Southern WebWorks, Inc. dated ____________ is attached to this document and governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client and Southern WebWorks, Inc. agree that the services described above in this section shall be completed for $__________________ and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached. We include e-mail/phone consultation of up to 5 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.) Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below. 5. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages (not store product pages) over a two week period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Southern WebWorks, Inc. attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The two week maintenance period commences upon the date the client's web site is officially published to the web and all monies paid. Changes requested by the client beyond those limits will be billed at the hourly rate of $65. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate. 6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate. 7. Web Hosting. The client understands that any web hosting services may require a separate contract with a web hosting service, typically Southern WebWorks, Inc. The client agrees to select a web hosting service which allows Southern WebWorks, Inc. full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not an NT system, standard programming may not work, and providing a substitute may incur additional charges. 8. Completion Date. Southern WebWorks, Inc. and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 21 DAYS from Initial Contract Approval and initial 75% of Total Project Fee Deposit Paid. If the client does not supply Southern WebWorks, Inc. complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published. 9. Payment of Fees. Fees to Southern WebWorks, Inc. are due and payable on the following schedule: 75% upon signing this contract, 25% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. The web site will be published on the World Wide Web once all monies due are paid. If the total amount of this Agreement is less than $600, the total amount shall be paid upon signing this Agreement. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds made out to, "Southern WebWorks, Inc.". We accept PayPal under $600, otherwise we accept Business Checks and Money Orders. Personal Checks must clear before website design will begin. 10. Assignment of Project. Southern WebWorks, Inc. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. 11. Legal. Southern WebWorks, Inc. does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Southern WebWorks, 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 Southern WebWorks, Inc. has been advised of the possibility of such damages. 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. 12. Copyrights and Trademarks. The client represents to Southern WebWorks, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Southern WebWorks, Inc. for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Southern WebWorks, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 13. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Southern WebWorks, Inc. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce or any type of online or offline activities. 14. Copyright to Web pages, programming, design, and developer property rights. Copyright to the finished assembled work of web pages, programming, design, search engine marketing, or any other type of product produced by Southern WebWorks, Inc. is owned by Southern WebWorks, Inc and will always remain the property of Southern WebWorks, Inc. Upon final payment of this contract, the client is assigned rights to use the said productas needed. Rights to photos, graphics, source code, work-up files, and computer programs are specifically NOT transferred to the client, and remain the property of their respective owners. Southern WebWorks, Inc. and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. 15. Payment of fees. In order for Southern WebWorks, Inc. to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. Southern WebWorks, Inc. reserves the right to remove web pages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off" from public viewing with a Splash Page stating that the web site is undergoing routine maintenance upon any statement from the client that payment will not be made in the future Southern WebWorks, Inc. reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to your account manager if they should arise. Regardless of the place of reading / signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Broward County, Florida, and any dispute will be litigated or arbitrated in Broward County, Florida. Please pay on time. 16. Sole Agreement. The agreement contained in this "Web Site Development Agreement" constitutes the sole agreement between Southern WebWorks, Inc., its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement. 17. Initial Payment and Refund Policy. This agreement begins with an initial payment of 75%. If the client halts work and applies by registered letter for a refund within 15 days, to Southern WebWorks, Inc., 13326 S.W. 28th Street Davie, FL 33330-1102, phone 1-877-SWEBWORKS, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract. The above also applies to upfront hosting fees. No refunds for hosting will be made after 30 days unless server logs demonstrate that the web site was not accessible via a standard internet browser viewable for a period more than 10%.


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