The terms and conditions set out herein constitute the terms and conditions agreement between you and Premier Web Designs. Your agreement to be bound by these terms is acknowledged by your use of the website Services, Hosting Services and/or any Hardware or software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Premier Web Designs whether oral, written or otherwise including any statements or representations made by any representative of Premier Web Designs at any time.

A. ACCEPTABLE USE

Premier Web Designs strictly enforces compliance with its terms under this paragraph. You agree to maintain your website or web application in full compliance with the terms set out below. Failure to so comply shall be cause for immediate suspension and termination of our agreement.

B. TERMS

1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government institution.

2. You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.

3. You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property

4. You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing

5. You agree not to make or attempt any unauthorized access to any Premier Web Designs website or the website of any Premier Web Designs customer.

6. You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party, including, but not limited to, the unauthorized copying of copyright material, the digitization and distribution of photographs from magazines, books, or other copyright sources, and the unauthorized transmission of copyrighted software.

7. You agree not to sublease your account, or offer free space to other clients. Our web plans are for single users only.

8. OWNERSHIP OF INTELLECTUAL PROPERTY/CONFIDENTIALITY

It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Premier Web Designs. You acknowledge that all right and title to any such Premier Web Designs intellectual property shall remain the sole property of Premier Web Designs and that you have no right, title or interest therein. You further agree not to provide access to Premier Web Designs services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Premier Web Designs service shall also remain the sole property of Premier Web Designs. These obligations shall continue indefinitely for so long as the confidential information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to confidential information, which does not rise to the level of a trade secret.

9. SUSPENSION AND TERMINATION

Suspension - For any reason set out herein or in the event that you breach any term of this agreement, suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within fourteen 14 days the account may be terminated.

Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Premier Web Designs servers. Such information or data may or may not be made available to you by Premier Web Designs after any such termination.

In the event of termination under the above paragraph there will be no refund provided to you.

In the event of any termination any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, Domain Registration fees, web hosting fees or other fees which are all non-refundable.

10. NOTICE

Any notice under this agreement shall be given by Premier Web Designs to you via email at the address provided by you to Premier Web Designs at the commencement of this agreement or as Premier Web Designs is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at the "contact us" page.

11. WARRANTIES AND LIMITATIONS

Premier Web Designs makes every reasonable effort to maintain operation of our service however because many events and circumstances are beyond the control of Premier Web Designs, we do not in any way warrant or otherwise guarantee the availability of the Premier Web Designs system or servers and are not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Premier Web Designs.

In general, Premier Web Designs has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Premier Web Designs accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Premier Web Designs provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Premier Web Designs system.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PREMIER WEB DESIGNS IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL PREMIER WEB DESIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12. INDEMNITY

You agree to fully defend and indemnify and hold harmless Premier Web Designs of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including legal fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Premier Web Designs in any way related to your use of the Premier Web Designs service or any portion thereof.

13. WEB HOSTING SERVICES

For the term of the agreement as set out herein Premier Web Designs agrees to provide web hosting services according to the price and time period agreed to upon activation of your account. Premier Web Designs may change the price of web hosting at any time by email notification.
Cancellation of your Web Hosting
A cancellation of your web hosting will not allow you to any refund for time left on the web hosting period. You agree that your web hosting payment is non refundable.

14. DOMAIN NAME REGISTRATION SERVICES

Premier Web Designs may or may not control any domain name registered on your behalf under this paragraph. Premier Web Designs provides this service as a convenience to you only, and you hereby waive any and all claims which you may have, or which may later arise, against Premier Web Designs for any and all damages, losses, claims or expenses arising from or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Premier Web Designs to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Premier Web Designs under the provision therefore elsewhere herein.
Cancellation of Domain Name
A cancellation of your domain name will not allow you to any refund for time left on the Domain Name period. You agree that your domain name payment is non refundable.

15. PAYMENT OF FEES

Payment of Fees - Premier Web Designs accepts payment by electronic funds transfer, direct deposit, cash or money order.

16. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

17. NO AGENCY

Not withstanding any other provision of this agreement, Premier Web Designs is not your agent, partner or joint venturer in any respect.