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Website Hosting Agreement


IMPORTANT: THIS HOSTING AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND WEBMASTERS OF FOLSOM. READ IT CAREFULLY BEFORE MAKING YOUR LICENSE PURCHASE. IT PROVIDES A LICENSE TO USE A WEB SITE (DESIGN AND ELEMENTS) AND THE WEBMASTERS OF FOLSOM SERVICE AND ALSO CONTAINTS LIABILITY DISCLAIMERS. BY MAKING ANY FORM OF PAYMENT (EITHER IN FULL OR PARTIAL PAYMENT), YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

THIS LICENSE AGREEMENT SHALL APPLY ONLY TO THE WEB SITE AND SERVICES SUPPLIED BY WEBMASTERS OF FOLSOM. CERTAIN ELEMENTS, SUCH AS COMPANY LOGOS, MAY BE COPYRIGHT OR TRADEMARKED BY THEIR RESPECTIVE COMPANIES.

Web sites provided by Webmasters of Folsom are licensed per the terms of this agreement. Please read it carefully before using purchasing your license.

A. Definitions
The following terms are defined for use in this Agreement:

B. License
Web Site Provider grants the Customer a non-exclusive, and non-transferable, License to use and display a Web Site Template in accordance with the terms of this License.

C. License Grants
This license allows the Customer to:

D. License Restrictions

E. Upgrades and Modifications
The Web Site Provider may from time to time make upgrades, alterations and modifications to any Elements or functions of the Web Site Template and/or the Web Site Provider service.

F. Ownership
This License gives you limited license to use the Web Site Template and the Web Site Provider service. The Web Site Provider and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Web Site Template (including all Elements) and the Web Site Provider service. Internet domain names not previously registered by the customer will be registered by Bob Schmidt for use with the customer's chosen Web Site Template. All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by the Web Site Provider and its suppliers.

G. Cancellation and Refund Policy
The Customer may terminate their service, without refund, at any time. The Web Site Provider does not grant refunds for any reason. The Customer must cancel their web hosting service via the PayPal web site. Any cancelation requests sent to the Web Site Provider will return instructions on how to cancel via the PayPal web site. The Web Site Provider will continue to provide service and the Customer will be liable for any recurring fees until the Customer cancels their account via the PayPal web site.

H. Terms
This License shall continue for as long as the Customer is in compliance with the terms and conditions of this agreement as well as the Terms of Use policies. This License will terminate immediately, without refund, if the Customer fails to comply with any of the terms or conditions stated herein.

I. Limitations of Warranties and Liability
The information and services included in or available through the Web Site Provider may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Web Site Provider and/or its respective suppliers may make improvements and/or changes in the service at any time. The Web Site Provider does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. The Web Site Provider does not warrant or represent that the use or the results of the use of the Web Site Provider or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable. You specifically agree that the Web Site Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. You understand and agree that use of the Web Site Provider is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Web Site Provider or stored on the Web Site Provider is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the viewing or download of such material and/or data.
The Web Site Provider nor any affiliated company or individual shall be liable in any way, and you agree to indemnify and hold harmless the Web Site Provider, Bob Schmidt, and his employees and content providers for:

Save as is otherwise provided below the Web Site Provider, and respective employees, contractors and agents will have no obligation or liability of any kind to you with respect to any malfunction of our equipment or software or the provision, storage or use of the web site or any part thereof and, without limiting the generality of the foregoing, for any delays, interruptions, errors or omissions howsoever occasioned (including negligence on our part and our respective employees, contractors and agents) in collecting, recording, processing, storing or disseminating the service or the accuracy thereof. Nothing in this paragraph will exclude, restrict or modify any condition or warranty implied in this agreement by law where to do so would render this clause void.
You shall indemnify us against all damages, losses, costs and expenses (including legal costs and/or any loss of profit) incurred by us arising out of:

J. General
This License is the entire agreement between the Customer and Web Site Provider, superseding any other agreement or discussions, oral or written.

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