Fisher's Net Web Design Policy Agreement

By and between Fisher’s NET Web Design("FNCWD"), and CLIENT (address supplied upon signup).

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

PAYMENT, PRICES AND ACCEPTANCE

All monies due to FNCWD are to be paid by CLIENT 7 days after custom web page is complete. All monthly maintenances are to be paid on the 1 day of each month. This includes quarterly, semi-annual, and annual payments. All FNCWD prices are in US dollars. Any sales or use taxes which may become due are the sole responsibility of CLIENT regardless of collecting party.

HOSTING SERVICES

FNCWD will supply CLIENT with service plan and features chosen by CLIENT. FNCWD will submit forms to acquire Domain Name.

ACCEPTABLE USE

CLIENT is expected to follow FNCWD acceptable use policy. FNCWD reserves the right to update, changes, remove, or add to its acceptable use policy at any time without prior notice to CLIENT. If CLIENT breaks acceptable use policy, CLIENT's account may be subject to termination WITHOUT NOTICE AND/OR REFUND. Unacceptable uses include, but are NOT limited too: Bulk e-mailing, unsolicited e-mailings, spam site advertising, newsgroup spamming, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, online gambling, and/or anything else determined by FNCWD to be unacceptable use of FNCWD's services. CLIENT is responsible for any appearances of CLIENT's internet domain name and may be found in violation of FNCWD's "Acceptable use" by the actions of outside parties.

LIMITED 30-DAY MONEY BACK GUARANTEE

FNCWD offers a 30-day money-back guarantee on any custom designed web page. If CLIENT is not completely satisfied with the design, CLIENT may cancel service and this agreement with written notification to FNCWD. CLIENT will receive a full refund of any amount paid to FNCWD, EXCLUDING ANY SETUP FEES, CONSULTING FEES, or OTHER FEES THAT ARE NOT DIRECT FNCWD FEES.
After 30 days, CLIENT waives any and all rights to full refund.
FNCWD's liability to CLIENT is limited to the amount paid to and received by FNCWD.
Guarantee clause of agreement is NULL AND VOID should CLIENT violate any portion of this agreement OR any portion of the FNCWD acceptable use policy.

INDEMNIFICATION

CLIENT agrees to indemnify, defend and hold harmless FNCWD for any damages, judgments or expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your FNCWD account infringes any trade-mark, trade secret, copyright, patent or third party intellectual property rights and from any damages, claims, suits or actions which may arise, now or in the future, as a result of your use of FNCWD services.

CLIENT PRIVACY

FNCWD will not sell or willingly disclose customer list or e-mail addresses. FNCWD cannot guarantee such information will not be found. FNCWD reserves the right to place "filters" and other utilities to reduce SPAM to the network. FNCWD will disclose any information requested by VA State or US Federal authorities.

TERM, DISACTIVATION, AND TERMINATION

Term of this agreement is equal to the term agreed to upon order signup.
At the end of any term, this agreement will automatically renew. Either party may cancel such renewal by providing notice of non-renewal to the other party.
CLIENT account will receive no maintenance if any payment is past due.
FNCWD may terminate this agreement and services for CLIENT IMMEDIATELY and WITHOUT NOTICE and/or REFUND if CLIENT breaks or violates ANY part of the FNCWD acceptable use policy, this agreement, or federal laws of the United States. Violation of FNCWD acceptable use policy is in sole judgment of FNCWD.
FNCWD may suspend CLIENT access and/or services if CLIENT account becomes past due for any period of time.
FNCWD may terminate this agreement and services for CLIENT if CLIENT account has been overdue in payment for 2 weeks or longer.
CLIENT may terminate this agreement and services IMMEDIATELY by supplying written notice to FNCWD. If cancellation is after first 30 days of account opening, CLIENT will be refunded for any pre-paid FULL REMAINING months of maintenance.
All clauses which indemify FNCWD are EXCLUDED from ANY and ALL agreement termination. Such clauses may not be voided or terminated under any circumstances.

LIABILITY

The liability of FNCWD, its employees, its affiliates, and its parent corporation shall be limited to the amount of one month's maintenance fees. FNCWD shall not be liable for additional transfer fees, consulting fees, or other fees that are not direct designing fees. CLIENT understands FNCWD cannot and will not be responsible for CLIENT lost revenues as the result as a service outtage.

ASSIGNMENT

You may not assign this Agreement or any part hereof without the prior written consent of FNCWD.

PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. FNCWD and CLIENT agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by FNCWD. It is to be governed by and construed under the laws of the United States of America. The federal and state courts of the Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Virginia and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by FNCWD.

NOTICES

Unless otherwise agreed in writing, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

ENTIRE AGREEMENT; MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. FNCWD may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of FNCWD services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.