Terms and Conditions

SITEQUEST DESIGN LLC General Terms and Conditions of Service

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY SITEQUEST DESIGN LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES.

Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from SITEQUEST DESIGN LLC confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR SITEQUEST DESIGN MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR SITEQUEST DESIGN MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 1.

1. TERM AND TERMINATION

1.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. SITEQUEST DESIGN may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, SITEQUEST DESIGN offers certain other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be provided via your Customer Control Panel in the Message Board. Any and all service fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund. For the purposes of this provision, any modification of the hosting package may, in the discretion of SITEQUEST DESIGN, be deemed a termination. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by SITEQUEST DESIGN without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by SITEQUEST DESIGN in its sole discretion. Further notwithstanding anything herein to the contrary, SITEQUEST DESIGN offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize SITEQUEST DESIGN to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of SITEQUEST DESIGN, be deemed a termination and entitle SITEQUEST DESIGN to the Fees owing on the Minimum Term Contract Package.

1.2. Except as otherwise provided herein, you or SITEQUEST DESIGN may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account by email.

1.2.1. if SITEQUEST DESIGN, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 6,

1.2.2. if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

1.2.3. if payment for the SITEQUEST DESIGN LLC Services is more than fifteen days overdue.

1.3. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. SITEQUEST DESIGN accepts no liability for such deleted information or content.

2. DESCRIPTION

Subject to and conditioned upon SITEQUEST DESIGN's retained rights and all other terms and conditions set forth in this Agreement, SITEQUEST DESIGN offers the SITEQUEST DESIGN LLC Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify SITEQUEST DESIGN of any unauthorized uses of the account or any other breaches of security. SITEQUEST DESIGN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SITEQUEST DESIGN be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3. SERVICES AND SOFTWARE

3.1. Translation Services

3.1.1 SITEQUEST DESIGN shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the Document Translation Services for your non-exclusive use for the exclusive purpose of translating documents through the use of SITEQUEST DESIGN's Equipment and Software for purposes consistent with this Agreement.

3.1.2 Any and all requests for Customer Service may be refused by SITEQUEST DESIGN with or without reason. Any additional Customer Service which SITEQUEST DESIGN may subsequently agree to provide to you shall be at SITEQUEST DESIGN's sole discretion and once commenced, may be terminated at any time by SITEQUEST DESIGN without notice to you and without any liability to SITEQUEST DESIGN. Notwithstanding the foregoing, SITEQUEST DESIGN at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Document Translation Services pursuant to this Agreement without any liability to SITEQUEST DESIGN.

3.1.3 Some SITEQUEST DESIGN LLC Services may not be available to International Customers, and SITEQUEST DESIGN reserves the right to alter, amend, or discontinue the provision of some or all of the SITEQUEST DESIGN LLC Services to International Customers in a particular market at any time in SITEQUEST DESIGN's sole discretion.

3.1.4 SITEQUEST DESIGN may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the SITEQUEST DESIGN Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute.

3.1.5 You are responsible for backing up Your Data on your own computer. SITEQUEST DESIGN does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data.

3.2. Software

3.2.1. SITEQUEST DESIGN may, in its sole discretion, provide you with SITEQUEST DESIGN Software in combination with Your Services. Upon payment of all fees due and owing to SITEQUEST DESIGN under this Agreement, SITEQUEST DESIGN hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the SITEQUEST DESIGN Software and all related documentation for your own personal or business use during the term of this Agreement.

3.4. Premium Services

3.4.1. SITEQUEST DESIGN offers certain Premium Services to use with the SITEQUEST DESIGN products and services. By ordering the SITEQUEST DESIGN Premium Services, you agree to the terms and conditions set forth in this Section 3.4, in addition to the other terms in this Agreement.

4. NO WARRANTIES BY SITEQUEST DESIGN

THE SITEQUEST DESIGN LLC SERVICES AND SITEQUEST DESIGN SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITEQUEST DESIGN LLC SERVICES IS AT YOUR SOLE RISK. SITEQUEST DESIGN DOES NOT WARRANT THAT THE SITEQUEST DESIGN LLC SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

5. LIMITED LIABILITY