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Clements i-Net, Inc.
Web Site Hosting License Agreement

This Web Site Hosting Agreement ('Agreement') is by and between Clements i-Net, Inc.. ('Clements i-Net, Inc.'), an Arkansas Company, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Clements i-Net, Inc.’s Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Clements i-Net, Inc.. By using Clements i-Net, Inc.’s Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Clements i-Net, Inc. may establish from time to time. You may view the latest version of this Agreement at any time at http://www.ClementsiNet, Inc..com/hostingagreement.htm.

1. FEES

As consideration for the services purchased by You and provided to You by Clements i-Net, Inc., You agree to pay Clements i-Net, Inc. a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Clements i-Net, Inc. unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a valid credit card for charge by Clements i-Net, Inc. through its business account with PayPal, and is non-refundable. If for any reason Clements i-Net, Inc. is unable to charge your credit card with the full amount of the service provided, or if Clements i-Net, Inc. is charged back for any fee it previously charged to the credit card You provided, You agree that Clements i-Net, Inc. may pursue all available remedies in order to obtain payment.
You agree that You will be responsible for notifying Clements i-Net, Inc. should you desire to terminate Your use of Clements i-Net, Inc.’s Web Hosting services. Notification of Your intent to terminate must be provided to Clements i-Net, Inc. no earlier than 10 days prior to You billing date but no later than one day prior to Your billing date. In the absence of notification from You, Clements i-Net, Inc. will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Clements i-Net, Inc., at Clements i-Net, Inc.'s then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Clements i-Net, Inc. partner hosting servers is Your responsibility. Clements i-Net, Inc. will not transfer or FTP Your web site to another provider.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Clements i-Net, Inc. is providing Web Hosting services to You.

You agree that Clements i-Net, Inc. may modify this Agreement from time to time. Clements i-Net, Inc. may also discontinue services it provides under this Agreement. You agree to be bound by any changes Clements i-Net, Inc. may reasonably make to this Agreement when such changes become effective.

3. DESCRIPTION OF SERVICE

Clements i-Net, Inc. currently provides Web Hosting services to its customers for a monthly fee. Clements i-Net, Inc. will host Your web site on Clements i-Net, Inc.’s Partner Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Clements i-Net, Inc.’s policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Clements i-Net, Inc..

If Your web site includes GIF images you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software.

4. YOUR OBLIGATIONS

You agree that You have provided accurate, current and complete information in the application process and that You will notify Clements i-Net, Inc. within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Clements i-Net, Inc. to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Clements i-Net, Inc. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Clements i-Net, Inc. has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Go Daddy will not be used in connection with any illegal activity.

6. CLEMENTS I-NET, INC.'S RIGHTS

Clements i-Net, Inc. explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Clements i-Net, Inc.'s sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Clements i-Net, Inc. determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Clements i-Net, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
You agree to indemnify and hold harmless Clements i-Net, Inc. for any complications arising out of Your use of Clements i-Net, Inc.’s Web Hosting services, including actions Clements i-Net, Inc. chooses to take to remedy Your improper or illegal use of a web site hosted by Clements i-Net, Inc.. You agree You will not be entitled to a refund of any fees paid to Clements i-Net, Inc. if, for any reason, Clements i-Net, Inc. takes corrective action with respect to Your improper or illegal use of its Web Hosting services.

7. DISPUTE RESOLUTION POLICY

You agree that if a dispute arises as a result of one or more web sites Clements i-Net, Inc. is hosting for You, You will indemnify, defend and hold Clements i-Net, Inc. harmless for damages arising out of such dispute. You also agree that if Clements i-Net, Inc. is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Clements i-Net, Inc., that Clements i-Net, Inc., in its sole discretion, may take whatever action Clements i-Net, Inc. deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

10. LIMITATION OF LIABILITY

You agree that Clements i-Net, Inc.'s entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Clements i-Net, Inc. to You under this Agreement, and for any breach of this Agreement by Clements i-Net, Inc., shall be limited to the fees You paid to Clements i-Net, Inc. for Web Hosting services.

11. INDEMNITY

You agree to release, defend, indemnify and hold harmless Clements i-Net, Inc. and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Clements i-Net, Inc. and/or Your use of the Web Hosting services provided by Clements i-Net, Inc..

13. DISCLAIMER OF WARRANTIES.

Clements i-Net, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

15. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARKANSAS. THE LAWS AND JUDICIAL DECISIONS OF PULASKI COUNTY, ARKANSAS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF PULASKI COUNTY, ARKANSAS.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

16. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from Clements i-Net, Inc. to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Clements i-Net, Inc.. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Clements i-Net, Inc. shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

Clements i-Net, Inc.
Attn: David Clements
704 SW Duke Ave
Bentonville, AR 72712

Copyright © 2009 Clements i-Net, Inc.. All Rights Reserved.