MSW and Associates

WEB HOSTING – TERMS OF SERVICE

You must accept the terms of this Agreement in order to use the Services. NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE. MSW and Associates reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the MSW and Associates Web site (the "Site"). Your continued use of Services following MSW and Associates 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. TERM AND PAYMENT FOR SERVICES 1.1. Term

This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide MSW and Associates with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

1.2. Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) MSW and Associates will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of MSW and Associates's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to MSW and Associates in the manner described in Section 1.1. MSW and Associates may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If MSW and Associates terminates this Agreement, MSW and Associates will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to MSW and Associates on your behalf, no refunds shall apply and you will be held liable for such fees.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4. Charges

You agree to pay for all charges attributable to your use of the Services at the then current MSW and Associates prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on MSW and Associates's net income.

1.5. Payment

All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize MSW and Associates to charge your credit or debit card to pay for any charges that may apply to your account. You must notify MSW and Associates of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit MSW and Associates from charging your account. MSW and Associates may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to MSW and Associates the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to MSW and Associates . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and MSW and Associates may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, TotalChoice may, delete any and all content from the TotalChoice Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

1.6 Refunds

If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money.

2. USE OF SERVICES 2.1. Applicable Use Policy

The MSW and Associates Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on MSW and Associates's Web site (or such other location as MSW and Associates may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. MSW AND ASSOCIATES RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on MSW and Associates's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by MSW and Associates . MSW and Associates will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", MSW and Associates has the option at any time to reject this material. MSW and Associates will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of MSW and Associates . Use of the Services 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 and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not MSW and Associates 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and MSW and Associates .

2.3. Bandwidth and Storage Usage

You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a TotalChoice Server is not owned by MSW and Associates; therefore Data preservation is the ultimate responsibility of you, the client. MSW and Associates is in no way responsible for the client’s data and or the backup of that data.

2.4 Unmetered Data Transfer

MSW and Associates provides the 500 MB of space and unlimited transfer in good faith to our Customers so that they may create their websites without the fear of running over their web space or web traffic allocation. While most Customers will use the extra web space and traffic for their legitimate web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. If at any time the Customer's website generates enough bandwidth usage to affect the performance of the other customer sites on the server, MSW and Associates reserves the full right to terminate the Customer's account without refund.

YOU MAY NOT USE YOUR HOSTING ACCOUNT FOR THE FOLLOWING: Export Control Violations

The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Illegal/Unauthorized Access to Other Computers or Networks

The illegal or unauthorized accessing (often known as "hacking" of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Software/Image Repository

The WHP services are not to be used as a software/image repository. This means you cannot use your account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site.

Software/Script Support

Customer acknowledges that MSW and Associates cannot provide technical support for any software and/or script that the Customer installs. Customer also acknowledges that MSW and Associates does not supply technical support for Microsoft FrontPage, other than initial configuration. MSW and Associates supplies technical support for web hosting issues only. MSW and Associates shall be the sole arbiter as to what constitutes a "web hosting" issue.

Spamming

Unsolicited, commercial mass e-mails (known as "spamming") is a strongly disfavored practice among Internet uses and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited e-mail.

MSW and Associates reserves the full right to terminate the Customer's account without refund regarding any activity, whether lawful or unlawful, that we may determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. Any violations of this agreement will result in refund ineligibility.

3. ENFORCEMENT 3.1. Investigation of Violations

MSW and Associates may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. MSW and Associates will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions

MSW and Associates reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, MSW and Associates may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on MSW and Associates 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by MSW and Associates which, in MSW and Associates 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes MSW and Associates to civil or criminal liability or public ridicule. It is MSW and Associates's policy to terminate repeat infringers. MSW and Associates's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. MSW and Associates will not review materials on our server as a matter of course, but if it comes to our attention that you are hosting material that violates our TOS, we will investigate and take action. We reserve the right to review any material stored in files or programs to which other users have access, and will remove any material that we believe may be unlawful, abusive, or otherwise objectionable. We also reserve the right to immediately close any account that violates our Terms of Service. If MSW and Associates takes corrective action due to such possible violation, MSW and Associates shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect MSW and Associates 's systems and customers, or to ensure the integrity and operation of MSW and Associates 's business and systems, MSW and Associates may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on MSW and Associates's servers and systems. MSW and Associates also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.