In order to effectively create and service domain names and web sites for Internet users world wide, as well as create a business relationship between The Web Marketing Studio, Inc. (WMS) and its clients, WMS has set forth the following terms and conditions which shall govern this Agreement between parties. These terms and conditions are intended for the purpose of establishing operating principles. These terms and conditions do not constitute a service contract.

Term
This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein.

Termination
Either party may terminate this Agreement without cause upon written notice to the other party. E-mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit WMS' right to terminate the client immediately and without prior notice for improper use and violations as stated in these Terms of Service.

In the event that WMS elects to terminate the client as a result of its improper acts and breach of the terms and conditions contained herein, the client shall not be entitled to a refund of the balance.

In the event that WMS elects to terminate the client’s account without cause, the client shall receive a full refund of any balance. However, if the client terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be no refund of any remaining balance.

Liability
The client agrees that WMS shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

The client further agrees that WMS shall not be liable for any damages or losses sustained by the client for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
The client agrees that it shall not hold WMS liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service or loss of material. The client acknowledges sole responsibility for maintaining an up to date copy of their material.

In no event shall WMS’ liability exceed the total monthly fees to WMS by the client.
Representation and/or Warranties

WMS makes no representations and cannot guarantee that the client's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The client shall not hold WMS liable for any damages, injuries or losses incurred by the client as a result of any action instituted by a third party.

Security
The client understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. The WMS makes no warranties of any kind, either express or implied. In no event shall WMS Be liable for any damages or losses, either consequential, indirect, special or incidental incurred by client. In no event shall WMS liability exceed the total cost of this contract between WMS and the client.

Applicable Laws
The client will ensure that its use of the Internet and any service provided by WMS to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and/or any other issue which may not be listed. In the event that client violates this provision, WMS shall have the right to consider same a breach of this Agreement by the client which shall entitle WMS to terminate client’s account immediately and without prior notice.

Integrity of Information
The client is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet. The client is also solely responsible for the maintenance of the size and content on their respective site.

Account Security
The client shall be solely responsible for protecting the security of its Internet account and usage. The client's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. WMS shall not be liable for any breach of security caused by the client or third parties. In no event shall WMS liability exceed the total cost of this contract between WMS and the client. WMS will use its best efforts to maintain the integrity and security of the client's password.

Adding features to the account
Additional features may be included for the account at any. Payment is due at the time the order is placed.

Mailing lists and unsolicited mailings (SPAM)
WMS prohibits the practice of SPAM. If a domain hosted by WMS participates in any form of mailing commonly know as SPAM (the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings), the domain will be canceled immediately.

Domain Name Ownership and Fees
WMS assists in establishing or transferring domain names for client web sites. However, client is responsible for all costs and fees associated with maintaining the domain name made directly to the domain issuer to maintain ownership without interruption. Under no circumstances shall WMS be responsible for this cost, unless specifically stated as part of a web design package in the service contract.

Hosting Account Ownership
The billing contact, as registered with WMS is considered to be the account owner. WMS will not transfer ownership, content, or access to any other party without written consent of the registered account owner.

Fee payment
The client may choose monthly or quarterly billing cycles. WMS reserves the right to change prices at any time with prior notification to our clients. We accept American Express, Diners Club International, Discover, MasterCard, and Visa through PayPal. Credit cards are charged within 5 days prior to the end of the billing cycle.

Check / money order accounts must prepay 6 months in advance at monthly pricing rates. If payment is not received by the end of the paid period, the service will be terminated at that time.

In the event that the payment processing is interrupted due to insufficient funds or the lack of available credit, the client will be notified immediately via e-mail. In the case of a returned check, a fee of $20 will be charged to the client. In either case, the client will have 5 business days to submit the full payment due or services will be terminated.

Account Reactivation
If an account was canceled due to a client request or billing issues and the client desires to reactivate the account, a nonrefundable reactivation fee of $25 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including hosting fees, additional features, web design fees, and NSF check processing fees. If an account was canceled due to policy violation, WMS will not reactivate the account.

Refund Policy
If WMS terminates an account due to policy violation, there will be no refund.

Cancellation Policy
WMS reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. WMS reserves the right to delete the policy violating web site content without notice.

Clients may cancel service at any time. All account cancellations are to be requested via e-mail. A response will be sent upon receipt of the letter.

If the client requests cancellation, their account will be terminated at the end of the billing cycle unless the client specifies immediate termination. If an account is canceled due to nonpayment, WMS reserves the right to delete the web site contents without notice.

Legal Action
The client agrees to indemnify and hold WMS harmless in any legal action which arises as a result of the client’s use of WMS services, without limitation or exception including, but not limited to any action brought against the client by a third party.

Modification
The terms and conditions of this Agreement may be modified at the discretion of WMS with 30 days notice to the client.

Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to provide written notification to WMS via e-mail, fax, or regular mail of disagreement with the above terms and conditions will constitute the client's acceptance of the Agreement.

Accepting Terms of Service
The client's failure to properly notify WMS of its objections to any of the terms and conditions as stated in this Term of Service Agreement shall constitute the client's acceptance of same.
This Agreement shall automatically renew itself unless otherwise canceled or terminated by either party in accordance with the notice provision as stated in this Term of Service Agreement.

In the event this Agreement is automatically renewed, the client agrees to be bound by the Terms of Service currently in effect. WMS current Terms of Service may be viewed at http://www.web-marketing-studio.com.

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