Website Services Agreement

This Website Services Agreement ("Agreement") is entered into between You (“Client”) and MyNetWire, LLC ("Developer") for the purpose of website development and hosting. By registering, purchasing or using Developer's services Client agrees to be bound by this Agreement. The relationship between Client and Developer will not in any point of time qualify as "Work to Hire".

Website Design and Hosting Services

Website services primarily intended for property management companies, homeowner associations and condominium associations at a comparable level of features and layout as made available in the online demo at www.hoa-sites.com.

Text, photos, documents and logo will be provided by Client.
Client will have input on the look and structure of the website.
Reasonable updates to website will be completed as requested by Client.
Hosting of website and troubleshooting as necessary to keep the website operating at a level of reliability, performance and professionalism consistent with commercially viable websites transacting business via the Internet. Client will be allocated 350MB of shared server space to be used for the sole purpose of hosting relevant content and email related to Client’s association/company.
Communication between Client and Developer will be primarily through email in order to keep costs at a minimum.

Copyrights and Trademarks

Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in web pages are owned by Client or that Client has permission from the rightful owner to use each of these elements and will hold harmless, protect, and defend Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Acceptable Use

Client agrees to maintain a level of business professionalism with regard to the look, content and use of the website.
Client is given permission to post, advertise and include content on the website that is directly related to the company/association's business with regard to its clients/visitors.
The website is not to be used for posting personal matters of or for residents or non-residents including if granted explicit permission by such persons. This includes but is not limited to blogs, dating, match making, personal photos, online chat etc.
In situations where functionality is enabled on the website which allows for visitors to openly post text on the website, such as a message board, Client will be held responsible for such postings. Client is required to monitor all posts in a timely manner and edit or delete posts which are deemed inappropriate, harassing, offensive, illegal or does not respect people's right to personal privacy.
Client agrees the website is only to be used for lawful and ethical purposes.
Client may not post any material that is knowingly false, misleading, or inaccurate.
Client is not authorized to distribute unsolicited bulk emails.

Any use of the website determined, at the discretion of Developer, to be unlawful, unethical, contrary to the intended purpose of the website or against this Agreement may result in termination of services without a refund of fees paid or such other action as Developer deems appropriate.

Limitation of Liability

Client agrees that all documents and data stored on the web sever may be lost due to a mechanical or software related failure and remain unrecoverable through the normal backup process. In such an event, Developer will not be held responsible for issues, lost revenue or for recreating lost data or documents.

Account Security

Client is responsible for maintaining the confidentiality of all passwords and account information. Client is entirely responsible for any and all activities that occur under Client’s account. Client will notify Developer immediately of any unauthorized use of Client’s account or any other breach of security. Developer will not be liable for any loss that Client may incur as a result of someone else using Client’s password or account, either with or without Client’s knowledge. Client further agrees Client may be held liable for losses incurred by Developer or another party due to someone else using Client’s account or password. Client agrees to be responsible for all activity, whether initiated by Client, or by others on Client’s behalf, or by any other means.

Intellectual Property

Client agrees that Developer holds all rights and copyright to the assembled work of the source code, programs, scripts, photos, layout, documents, graphics and text produced by Developer and is owned by Developer. Client agrees that title, ownership or interest in such Intellectual Property is not being transferred to Client and remain the property of Developer. Client agrees to make no claim of interest in any such Intellectual Property. Client, if account is in good standing, is assigned rights to use the website and services provided by Developer to Client.

Design Credit
Client agrees that Developer may place a byline, link and graphic on the bottom of Client’s web pages establishing Developer’s services. Client also agrees that Client's website may be included in Developer's portfolio. Developer reserves the right to use Client's communications as "testimonials" in print and online mediums. Developer agrees Client's full last name will not be disclosed in such testimonials.

Payment of Fees

Client will pay Developer fees as indicated on the invoice. If fees are not received within 30 days following the due date, Developer reserves the right to disable Client’s website until payment has been received in full. Websites disabled for more than 120 days will be permanently deleted and not eligible for reactivation. Developer will not be held responsible for any issues, lost revenue or deleted data and documents as a result of disabling or deleting Client’s website.

Credit Card Processing

Client may choose to accept credit card payments for dues, advertising and fines. In order to accept credit cards, Client will be responsible for choosing and establishing an account with an online Merchant Provider. Credit card information will not be entered or stored on Client’s website. Developer’s involvement will be limited to placing a link on Client’s website to the Merchant Provider’s website.

Money Back Guarantee

In the event Client is not satisfied with the services or website within the first 30 days following signup, all fees paid minus a $25 domain registration fee per domain if applicable will be refunded to client upon written notice requesting cancellation and a refund. Domain(s) registered by Developer on behalf of Client will be released when requested to Client's new registrar. Upon receipt of the cancellation request no further services will be provided to Client.

Cancellation of Website Services

Developer may in its discretion cancel website services being provided to Client with 60 day notice, excluding cases of a violation of this Agreement which may result in immediate termination. Client will not be entitled to a refund of fees paid. Client may cancel website services at any time. Any outstanding fees for services provided remain due and payable. Upon receipt of Client's cancellation request, Client's website, data, content and documents will be deleted and unrecoverable.

Agreement shall remain in effect following cancellation of website services by either Developer or by Client.

Search Engine Submission

Developer will design Client’s website with appropriate titles, keywords, descriptions and text. Upon go-live, Developer will submit Client's website to MSN, Yahoo and Google to be included in their search engine indexes. Developer will not pay any fees or submit Client's website to other search engines or directories.

Force Majeure

Developer will make every effort to keep Client’s website operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Developer liable for any of the consequences of such interruptions.

Nondisclosure

Developer, its owners, employees and subcontractors agree that, except as directed by Client or government agency, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, Client agrees that it will not convey any Confidential Information obtained about or from Developer to another party. For purposes of this Agreement, the term “Confidential Information” includes: all information, data, reports, text, plans, prices, source code, software, applications, images and other materials, in whatever form maintained and/or communicated, that has been or may hereafter be provided or shown between Client and Developer.

Indemnification

Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the development, access and hosting of Client's website. This includes liabilities asserted against Developer and its subcontractors, agents, clients, servants, owners and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, including its sponsors, agents, board members or assigns.

Client also agrees to defend, indemnify and hold harmless Developer against liabilities arising out of any injury to person or property caused by any products or services sold, endorsed, sponsored or otherwise distributed over Client's website. This includes, but not limited to, infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Arbitration

Any disputes in excess of $500 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor in the state of Indiana pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof.

Severability

Client agrees that the terms of this Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

Sole Agreement

The agreement contained in this Agreement constitutes the sole agreement between Developer and the Client. Any additional work not specified in this contract must be authorized by a written change order. Developer may modify this Agreement and the available website services from time to time. You agree to be bound by any changes Developer may reasonably make to this Agreement when such changes are made. An updated copy will remain available at www.associationlive.com.