Terms of Use
Mom-N-Pop Webs http://www.momnpopwebs.com is a professional website development company specializing in delivering high quality affordable websites to individuals and business customers.
1. Definitions.
1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement.
1.2 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Customer on Mom-N-Pop Web’s server computers.
1.3 "Website" means pages presenting the Content stored by Mom-N-Pop Webs computers.
1.4 "User" means users of Customer's Website.
1.5 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by Users on Mom-N-Pop Webs server computers.
1.6 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to Mom-N-Pop Webs as confidential.
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2. Web Hosting.
2.1 – Hosting.
Mom-N-Pop Webs will provide dedicated or shared servers, as specified in Exhibit A, with an Internet address for storage and access of Content, User Content, and the Website. Mom-N-Pop Webs will provide bandwidth and storage as specified in Exhibit A. If Customer requires additional bandwidth or storage, Mom-N-Pop Webs will negotiate in good faith to amend this Agreement unless Mom-N-Pop Webs server computers cannot accommodate the requested bandwidth or storage. Mom-N-Pop Webs retains the right to assign or delegate hosting to a viable third party of their choosing, within the confines and purview of their web hosting network (affiliates, subcontractors, licensees etc.).
2.2 – Website Backup.
Mom-N-Pop Webs will backup the Website in a commercially reasonable manner. However, Mom-N-Pop Webs is not responsible for lost Content or lost User Content. Website backups will be stored by Mom-N-Pop Webs for no longer than 14 days. Mom-N-Pop Webs will provide, at Customer's expense, an electronic copy of the backup Website to Customer upon written request by Customer. Backups are intended for disaster recovery, not the restoration of individual files.
2.3 – Standards.
Mom-N-Pop Webs services will conform to the following:
2.3.1 – Availability of Website.
Mom-N-Pop Webs will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
2.3.2 – Security.
Mom-N-Pop Webs will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on Mom-N-Pop Webs server computers.
2.3.3 – Server/Network Computer Outages.
Mom-N-Pop Webs will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages.
2.3.4 – Disclaimers.
Mom-N-Pop Webs provides no equipment, software, or communication connections to Customer. Mom-N-Pop Webs makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with Mom-N-Pop Webs hardware and service.
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3. Ownership of Content.
3.1 – Customer Content.
All Content and User Content stored by Customer on Mom-N-Pop Webs server computers shall at all times remain the property of Customer. Customer grants to Mom-N-Pop Webs non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Mom-N-Pop Webs to host the Website.
3.2 – Customer E-commerce.
Mom-N-Pop Webs, is not responsible or liable for any products or services bought or sold by Customer. Mom-N-Pop Webs is not responsible or liable for any taxes local or federal that Customer may occur while selling products or services on the website.
3.3 – Themes
Mom-N-Pop Webs uses commercially available themes in building some non-custom sites. All theme designs remain the property of the designers. Themes are used by Mom-N-Pop Webs under commercial developer licenses as prescribed by the theme designer/owners. Mom-N-Pop Webs does not represent to have designed the theme itself, only modify and populate it per customer needs and specifications. For specific custom sites, Mom-N-Pop Webs developers design and pass rights onto their customer for ownership of custom developed works, including art.
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4. Content Control.
4.1 – Lawful Purpose.
Customer will only use Mom-N-Pop Webs hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service of Exhibit B and any modifications thereof, Mom-N-Pop Webs posted Acceptable Use Policy, or any other Mom-N-Pop Webs policy.
4.2 – Remedy for Violation.
Should Mom-N-Pop Webs become aware that Customer has violated Part or all of said agrrement Mom-N-Pop Webs may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, Mom-N-Pop Webs may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.
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5. Payments.
5.1 – Fees.
Customer shall pay fees agreed upon during account signup. Mom-N-Pop Webs will invoice monthly (unless otherwise agreed in writing), and payment is due NO LATER THAN fourteen (14) days from invoicing. In the case of credit card payments Mom-N-Pop Webs will automatically charge Customer Credit Card on file all fees associated with the account on the due date. Mom-N-Pop Webs may, at its option, charge a 10% fee for late payments posting (14) days from invoicing. A period of two months delinquency will entitle Mom-N-Pop Webs to suspend service and/or terminate based on breach.
5.2 – Returned Checks and Declined Credit Cards may incur a fee.
5.3 – Account Updates.
It is the responsibility of the customer to maintain accurate billing information with Mom-N-Pop Webs This may include updated credit card information, email address and mailing address.
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6. Term and Termination/Cancellation.
6.1 – Term.
The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a month-to-month or year-to-year basis until contractual period is terminated.
6.2 – Termination/Cancellation by Customer.
During the initial term, Customer may terminate this Agreement only upon the material breach of Mom-N-Pop Webs if such material breach remains uncured for thirty (30) days following written notice to Mom-N-Pop Webs. This cure period shall be extended by delay caused by events beyond the control of Mom-N-Pop Webs including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of Mom-N-Pop Webs, or technical faults of Mom-N-Pop Webs service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to Mom-N-Pop Webs.
6.2.1 – FEES.
If client terminates contract before the term has ended in 6.1 (TERMS), and has no material breach as described in 6.2 (Termination/Canellation by Customer) then the remaining FULL contract amount is due.
6.3 – Termination by Mom-N-Pop Webs.
Mom-N-Pop Webs may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement; violation of the Terms of Service found at http://www.momnpopwebs.com and any written modifications thereof; and violation of any other Mom-N-Pop Webs policy. Mom-N-Pop Webs may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.
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7. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Mom-N-Pop Webs, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH Mom-N-Pop Webs HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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8. Customer Indemnity.
Customer shall defend Mom-N-Pop Webs against any third party claim, action, suit or proceeding arising as a result of Customer's use of Mom-N-Pop Webs hardware or services and indemnify Mom-N-Pop Webs for all losses, damages, expenses, and costs incurred by Mom-N-Pop Webs as a result of a final judgment entered against Mom-N-Pop Webs in any such claim, action, suit or proceeding.
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9. General Provisions.
9.1 – Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of Missouri. Both parties agree to submit to personal jurisdiction in Missouri and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in Platte County, Missouri, United States of America.
9.2 – Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
9.3 – Relationship of Parties.
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
9.4 – Attorneys Fees and Costs.
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.
9.5 Merger and Integration Clause
This Agreement and the exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties.