SLG WEB DESIGN's User Agreement

This User Agreement ("Agreement") is an agreement between Senior Living Guide Inc. (Senior Living Guide, Inc.) herein referred to as SLG WEB DESIGN, and the party set forth in the Written Contract, Registration Form, Verbal Registration or Oral Contract ("User" or "You" or "Your" or "Client") incorporated herein by reference (together with any subsequent Written Contract, Verbal Registration, Oral Contract, Registration Forms or other type of signup, acceptance or order form submitted by User, and applies to the purchase of all services ordered by User on the  (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom SLG WEB DESIGN provides links or banners to promote the services or products of SLG WEB DESIGN or any third party the services or products of which are offered by or obtained through or in connection with SLG WEB DESIGN), or others (i) who sign up for, use or obtain services or products from SLG WEB DESIGN or from any third party services or products of which are offered by or obtained through or in connection with SLG WEB DESIGN, or (ii) who visit the Web sites of SLG123.COM, SLGWEBDESIGN.COM and SLG WEB DESIGN or of any such third party. PLEASE READ THIS AGREEMENT CAREFULLY. SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND SLG WEB DESIGN, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. User agrees to by signing up digitally, You agree that SLG WEB DESIGN can pierce the User corporate veil (if signed up as a corporation) and You will be personally held responsible for any legal actions or monies owed to SLG WEB DESIGN.

1. Acceptable Use Policy.

Under this Agreement, User shall comply with SLG WEB DESIGN's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by SLG WEB DESIGN, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. SLG WEB DESIGN may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event SLG WEB DESIGN takes corrective action due to a violation of the AUP, SLG WEB DESIGN shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that SLG WEB DESIGN shall have no liability to You for any damage or loss that You may incur due to such corrective action that SLG WEB DESIGN may take (including, without limitation, suspension, termination or disconnection of Services).

 2.  Term; Termination; Cancellation Policy. a. The initial term of this Agreement shall be as set forth in the Written Contract, Registration Form, Verbal Registration, Oral Communications or Oral Contract (the "Initial Term" 365 days). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term OR SUCH OTHER TERM AND PRICE THAT SHALL BE SET FORTH IN A NOTICE TO THE CUSTOMER AT LEAST 24 hours PRIOR TO the commencement of such successive period or RENEWAL period. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE or renewal PERIODS, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods (successive renewal periods will be automatically initiated 30 days prior to the expiry date) shall be referred to, collectively, as the "Term". b. This Agreement may be terminated or cancelled; i. at anytime by either party (Including by You, if you receive notice of an amendment to this Agreement) by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum $6,500.00 charge as an early cancellation fee. If a free website offer is purchased the initial term is one year (365 days of URL purchase). If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, SLG WEB DESIGN will take possession of the domain.The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods. Any refunds are made at the sole discretion of SLG WEB DESIGN.  ii. by SLG WEB DESIGN in the event of nonpayment by User,

iii. by SLG WEB DESIGN, at any time, without notice, if, in SLG WEB DESIGN's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in SLG WEB DESIGN's sole and absolute discretion and/or judgment, could disrupt, SLG WEB DESIGN's business operations and/or

iv. by SLG WEB DESIGN as provided herein.

c. If You cancel this Agreement, upon proper notice to SLG WEB DESIGN, prior to the end of the Initial Term or any successive period (or renewal period) thereafter,

i. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;

ii. SLG WEB DESIGN may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, SLG WEB DESIGN will take possession of the domain.and/or

iii. We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the then-current Term.

iv. Any cancellation request shall be effective thirty (30) days after receipt by SLG WEB DESIGN, unless a later date is specified in such request.

d. SLG WEB DESIGN may terminate this Agreement, without penalty, 

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or

ii. immediately, if SLG WEB DESIGN determines that User's use of the Services, the Web site or the User Content violates any SLG WEB DESIGN term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If SLG WEB DESIGN cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, SLG WEB DESIGN shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the then-current Term and SLG WEB DESIGN shall have the right to charge You an administrative fee of a minimum of $6500.00 and collection agency fees.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2, 3, 4, 12, 13, 15, 17, 18, 19, 20, 20.1, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, and 24 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which SLG WEB DESIGN may be entitled.

f. UPON TERMINATION OF THIS AGREEMENT FOR ANY CAUSE OR REASON WHATSOEVER, USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.

g. You have thirty (30) days to dispute any charge or payment processed by SLG WEB DESIGN. If you have a question concerning a charge you believe is incorrect, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

3. User’s Responsibilities.

a. User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.

b. User will cooperate fully with SLG WEB DESIGN in connection with SLG WEB DESIGN's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for SLG WEB DESIGN's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify SLG WEB DESIGN of any change in User's mailing address, telephone, electronic mail or other contact information.

c. User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

d. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by SLG WEB DESIGN to provide the Services, as the same may be changed by SLG WEB DESIGN from time to time. SLG WEB DESIGN shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site hardware and software used by SLG WEB DESIGN to provide the Services.

e. User is solely responsible for maintaining back-up copies of the User Web site and User Content.

f. SLG WEB DESIGN cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available.

g. As part of SLG WEB DESIGN's ongoing hosting, SLG WEB DESIGN does create and store on a temporary basis VPS backups which are intended for SLG WEB DESIGN's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. SLG WEB DESIGN cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account. 

h. User is responsible for updating and maintaining contact and billing information with SLG WEB DESIGN. Any changes to the User contact information must be made by contacting our Support Team. User is responsible for ensuring that SLG WEB DESIGN is able to notify the User for technical, billing or other issues or purposes deemed necessary by SLG WEB DESIGN to maintain the account.

i. Free Web Hosting. Your Web site may carry advertising HTML for SLG WEB DESIGN or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising.

4. User's Representations and Warranties.

a. User hereby represents and warrants to SLG WEB DESIGN, and agrees that during the Initial Term and any Term thereafter User will ensure that:

i. User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by SLG WEB DESIGN to pay any fees, residuals, guild payments or other compensation of any kind to any Person;

ii. User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;

iii. User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the site only for lawful purposes; and

iv. User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

b. User shall be solely responsible for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation

i. the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,

ii. ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and

iii. ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.

c. User grants SLG WEB DESIGN the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services.

d. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.

e. FOR MASSACHUSETTS RESIDENTS ONLY: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of user's in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [4.e ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.

f. FOR CUSTOMERS OTHER THAN MASSACHUSETTS RESIDENTS: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of User's customers in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [4.f ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.

5. License to SLG WEB DESIGN. User hereby grants to SLG WEB DESIGN a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services:

a. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and

b. make archival or back-up copies of the User Content and the User Web site.

c. SLG WEB DESIGN, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that SLG WEB DESIGN shall not be liable to User for any loss or damages that may result from such conduct.

6. Billing and Payment.

a. User will pay to SLG WEB DESIGN the service fees for the Services in the manner set forth in the Written Contract, Registration Form, Verbal Registration or Oral Contract.

b. Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. You will be notified if your pricing has changed for EACH successive period (or renewal period) prior to the start of SUCH successive period (or renewal period). Your pricing for SUCH successive period (or renewal period) SLG WEB DESIGN may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing 24 hours prior written notice thereof to User. Written notice may be in the form of (i) notices and updates via email, (ii) Public Alerts issued by SLG WEB DESIGN, (iii) Notification of Successive Period Pricing ( or RENEWAL period pricing), or [(iv) posting of next scheduled rebill amount in User's bill. It is the User's sole responsibility to periodically review User's bill information and all other methods of communications and notices sent or posted by SLG WEB DESIGN.

c. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on SLG WEB DESIGN's net income). All such taxes may be added to SLG WEB DESIGN's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.

d. Initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within ten (10) days after the date of the invoice. Late fees will be applied if payment is not received or postmarked by due date.

e. If SLG WEB DESIGN collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if SLG WEB DESIGN prevails in any action to which the User and SLG WEB DESIGN are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and SLG WEB DESIGN's reasonable attorneys' fees.

f. If any check is returned for insufficient funds SLG WEB DESIGN may impose a minimum processing charge of $65.00 plus any applicable taxes.

g. In the event that any amount due to SLG WEB DESIGN is not paid when due, SLG WEB DESIGN, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.

h. There may be a minimum $350.00 charge to reinstate accounts that have been suspended or terminated.

i. Wire transfers will be assessed a minimum charge of $35.00 plus applicable taxes.

j. There may be a minimum charge of $65.00 plus applicable taxes for all credit card chargebacks.

k. User acknowledges and agrees that SLG WEB DESIGN may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Term.

l. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

7. Payment Policies - General

a. Accounts will not be activated or reactivated without prior payment.

b. All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name.

c. Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.

d. Any losses or expenses experienced by the User, due to actions taken by SLG WEB DESIGN in response to Users non-payment, are not the responsibility of SLG WEB DESIGN.

e. Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than $US, then any amounts payable by you hereunder shall be payable in such other currency.

8. Payment Policies - Payment Processing

a. SLG WEB DESIGN's preferred method of payment is check. Services will not be provided until bank has approved check and funds transferred and deposited.

b. By purchasing our services, you are agreeing to allow SLG WEB DESIGN to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan, products or services you select. By continuing (or renewing) your services and products you further agree to all of SLG WEB DESIGN's Terms of Services and any price increases.

c. You grant SLG WEB DESIGN permission to charge your checking account and/or credit card for any and all services you request, including, but not limited to, any and all product or service.

d. If we are unable to process a payment for your plan, product or service by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.

e. WHEN AN ACCOUNT IS CANCELED, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS UPON ACCOUNT CANCELLATION.

f. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. Upon reactivation, we are not responsible for any deleted Web site or Content.

g. If we make any refunds due to charges you dispute with your credit card SLG WEB DESIGN, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by SLG WEB DESIGN as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.

h. It is a violation of this Agreement for you to misuse or fraudulently use checking account, credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.

9. SLG WEB DESIGN as Reseller or Licensor. SLG WEB DESIGN is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product"). SLG WEB DESIGN shall not be responsible for any changes in the Services that cause the SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or  defects of SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product either sold, licensed or provided by SLG WEB DESIGN to User or purchased directly by User used in connection with the Services will not be deemed a breach of SLG WEB DESIGN's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product are limited to those rights extended to User by the manufacturer of such SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product. User is entitled to use any Non-SLG WEB DESIGN Product supplied to SLG WEB DESIGN only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by SLG WEB DESIGN to User through any SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any SLG WEB DESIGN product and/or Non-SLG WEB DESIGN Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

10. Internet Protocol (IP) Address Ownership. If SLG WEB DESIGN assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to SLG WEB DESIGN, and User shall have no right to use that IP address except as permitted by SLG WEB DESIGN in its sole and absolute discretion in connection with the Services, during the term of this Agreement. SLG WEB DESIGN shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by SLG WEB DESIGN, and SLG WEB DESIGN reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

11. Caching. User expressly;

a. grants to SLG WEB DESIGN a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by SLG WEB DESIGN under this Agreement and

b. agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.

12. CPU Usage. User agrees that User shall not use excessive amounts of CPU processing on any of SLG WEB DESIGN's servers. Any violation of this policy may result in corrective action by SLG WEB DESIGN, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in SLG WEB DESIGN's sole and absolute discretion. If SLG WEB DESIGN takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.

13. Bandwidth and Disk Usage. SLG WEB DESIGN provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in SLG WEB DESIGN's web pages describing the package of Services purchased at the time of purchase. In some cases, SLG WEB DESIGN may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. SLG WEB DESIGN reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by SLG WEB DESIGN for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by SLG WEB DESIGN as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with SLG WEB DESIGN. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. SLG WEB DESIGN will monitor User's use of bandwidth, disk usage and other resources. SLG WEB DESIGN, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in SLG WEB DESIGN's sole and absolute discretion. If SLG WEB DESIGN takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If SLG WEB DESIGN learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, SLG WEB DESIGN may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail. User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. SLG WEB DESIGN will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but SLG WEB DESIGN does not take responsibility if e-mail notification(s) is not received by the User. SLG WEB DESIGN reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

14. Parked Domain Services. In addition to the applicable terms and conditions contained herein:

a. If User signs up to register and park a domain name with SLG WEB DESIGN, All domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason SLG WEB DESIGN is unable to charge User's payment method for the full amount owed SLG WEB DESIGN for the service provided, or if SLG WEB DESIGN is charged a penalty for any fee it previously charged to Your payment method, User agrees that SLG WEB DESIGN may pursue all available remedies in order to obtain payment. User agrees that among the remedies SLG WEB DESIGN may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. SLG WEB DESIGN reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.

b. User agrees to be responsible for notifying SLG WEB DESIGN should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to SLG WEB DESIGN no earlier than thirty (30) days prior to User's billing date but no later than sixteen (16) days prior to the billing date. In the absence of notification from User, SLG WEB DESIGN will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with SLG WEB DESIGN, at SLG WEB DESIGN's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the SLG WEB DESIGN hosting servers is User's responsibility. SLG WEB DESIGN will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.

c. SLG WEB DESIGN will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of SLG WEB DESIGN's policies and procedures.

d. By using any of the Parked Pages Services, User agrees that SLG WEB DESIGN may point the domain name or DNS to one of SLG WEB DESIGN's or SLG WEB DESIGN's affiliates web pages, and that they may place advertising on User's web page and that SLG WEB DESIGN specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.

e. User agrees to indemnify and hold harmless SLG WEB DESIGN for any complications arising out of use of the Parked Page Services, including, but not limited to, actions SLG WEB DESIGN chooses to take to remedy User's improper or illegal use of a Web site hosted by SLG WEB DESIGN. User agrees it is not be entitled to a refund of any fees paid to SLG WEB DESIGN if, for any reason, SLG WEB DESIGN takes corrective action with respect to any improper or illegal use of the Parked Page Services.

f. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold SLG WEB DESIGN harmless for damages arising out of such dispute. User also agrees that if SLG WEB DESIGN is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by SLG WEB DESIGN, that SLG WEB DESIGN, in its sole discretion, may take whatever action SLG WEB DESIGN deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

15. Virtual Private Servers (VPS). VPS sometimes also referred to as Virtual Dedicated Server. When creating a VPS account, we split dedicated servers into independent areas, referred to as containers. The customer is responsible for providing the firewalls, software, web files, content and Operating systems for the customer's container, independent of other containers on the server. Each container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which the customer is responsible.

VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access.

a. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to SLG WEB DESIGN VPS customers;

i. The Customer assumes all responsibility for installation and maintenance of the Operating System (OS) used within the customer's container, as well as any reinstalls and changes.

ii. Customer assumes all responsibility for their VPS environment, firewalls, protections from bugs, viruses or other intrusions, content applications and resources used.

iii. Customer agrees to take full responsibility for installation, storage, back-up, maintenance, and other aspects of its files, software, data and other content or items transferred to or used in the container and the VPS account.

iv. The Customer is solely responsible for all files contained in their VPS whether the Customer had knowledge of the files or not and for assuring that the container is used and operated in compliance with this Agreement.

v. It is the responsibility of the customer to ensure their system is secured and safe from compromise at all time. If a container is found to be compromised or in violation of this Agreement, SLG WEB DESIGN has the right to suspend and terminate service immediately.

b. Resource Usage Limits. Misuse of system resources, including but not limited to, employing programs that consume excessive CPU time (outside of reserved for user's container), network capacity, disk IO or storage space, may result in account suspension and termination.

c. Mail Policy. VPS accounts will be governed by our shared-hosting mail policy (See Acceptable Use Policy section 4.a). Furthermore, anyone hosting websites or services on their server or container that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.

d. Third-Party Software. In the event You elect to install any third-party software, the following terms shall apply;

i. You represent and warrant You have the right to use and install the third-party software.

ii. You have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.

iii. You agree to defend, indemnify and hold harmless SLG WEB DESIGN and its employees, officers and directors for, from and against any and all claims brought against SLG WEB DESIGN and its employees, officers and directors by a third-party alleging the software infringes: 

01. the third-party's rights; or 

02. a third party's patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by SLG WEB DESIGN in connection with any such claims.

16. Property Rights.

User may not use SLG WEB DESIGN's technology or Non-SLG WEB DESIGN technology for any purpose other than viewing the Services unless a written agreement is drafted and signed by SLG WEB DESIGN and the User. This Agreement does not transfer from SLG WEB DESIGN to the User any of SLG WEB DESIGN technology / Non-SLG WEB DESIGN technology, all rights, titles and interests in and any SLG WEB DESIGN technology / Non-SLG WEB DESIGN technology shall remain solely with SLG WEB DESIGN. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the SLG WEB DESIGN. SLG WEB DESIGN is the exclusive owner of all of SLG WEB DESIGN's intellectual property, website design's and 3rd party software unless a buyout agreement is purchased by User. The User agrees upon cancellation service with SLG WEB DESIGN all website designs and technology will remain the property of SLG WEB DESIGN. User agrees not to copy, resell or delete any of SLG WEB DESIGN's intellectual property.

SLG WEB DESIGN owns all right, title and interest in and to the Services and SLG WEB DESIGN's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.

17. Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from SLG WEB DESIGN, at User's own risk. User acknowledges and agrees that SLG WEB DESIGN exercises no control over, and accepts no responsibility for, the content of the information passing through SLG WEB DESIGN's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

18. Limited Warranty.

a. SLG WEB DESIGN represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by SLG WEB DESIGN generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies SLG WEB DESIGN, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. SLG WEB DESIGN may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

b. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of SLG WEB DESIGN's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of SLG WEB DESIGN. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

19. Limitation of Liability.

a. WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

b. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.

c. Notwithstanding anything to the contrary in this Agreement, SLG WEB DESIGN's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

d. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

20. Indemnification. User agrees to indemnify, defend and hold harmless SLG WEB DESIGN and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services or 3rd party services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

21. Governing Law and Dispute Resolution.

The Laws of the Commonwealth of Pennsylvania shall govern this Agreement and the rendering of the Services.  Any disputes between User and SLG WEB DESIGN (which are not otherwise resolved by the Parties) shall be subject to arbitration based on the rules of the American Arbitration Association.  No legal action may be brought by the User against SLG WEB DESIGN or its subcontractors more than one month after initial term of this agreement.  

22. Miscellaneous.

a. Independent Contractor. SLG WEB DESIGN and User are independent contractors and nothing contained in this Agreement places SLG WEB DESIGN and User in the relationship of principal and agent, master and servant, partners or joint venturers.

b. Headings. The headings herein are for convenience only and are not part of this Agreement.

c. Notices. SLG WEB DESIGN may give written notice to User via electronic mail to the User's electronic mail address as maintained in SLG WEB DESIGN's billing records.

d. Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations, without the prior written consent of SLG WEB DESIGN. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. SLG WEB DESIGN may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

e. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, SLG WEB DESIGN's records of such execution shall be presumed accurate unless proven otherwise.

f. Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if User is outside of the United States, to anyone outside of User's national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction User operates or does business.

g. Marketing. User agrees that during the term of this Agreement SLG WEB DESIGN may publicly refer to User, orally and in writing, as a User of SLG WEB DESIGN.

23. Special Offers. User agrees to a minimum one year (365 days) hosting package agreement and auto renewal.

24. All Sales Final, No Refunds.

Revised: July 2009