UnitBuilder User Agreement

UNITBUILDER provides the client with a templated web site service. Client may use the developed web site for any use within the laws of the applicable state. Any illegal use of a web site will result in immediate termination and removal of that web site from the UNITBUILDER Internet Servers. UNITBUILDER cannot be held liable for the success or failure of a web site created by UNITBUILDER or any employee associated with UNITBUILDER. Client may not use, represent, or copy any materials produced, copyrighted or licensed by UNITBUILDER. Furthermore, Client agrees that UNITBUILDER retains any and all ownership rights to the technology used to create, maintain and host clients web site such as, but not limited to all programs, scripts (This includes the UNITBUILDER Interface), data, systems and materials in any form that is used by UNITBUILDER in the creation and updating of clients web site. The client may forfeit the web site and any funds paid for the web site if any of the above said is violated. UNITBUILDER reserves the right to reject, delete, or shut down any web site that is not deemed appropriate to the staff of UNITBUILDER. UNITBUILDER is not responsible for the loss of any business or web site access due to the termination of a clients web site for non-payment of invoices owed to UNITBUILDER. Any requested updates to a web site without the purchase of a web site option or outside the scope of the service that we have outlined, are billed at $75.00 per hour.

Payment Terms: Payment for UNITBUILDER services is billed on a per month basis. Client is expected to maintain a current (valid) Visa or Mastercard on file with UNITBUILDER that will be billed automatically each month for payment of clients monthly service fee. Client acknowledges and agrees to their credit card being billed by UNITBUILDER each month. Non-payment of amount due or a declined credit card will result in termination of client/ UNITBUILDER relationship and all web services will be shut down. UNITBUILDER is still owed any fees that they were unable to charge to clients credit card unless an agreement is reached between UNITBUILDER and client.

Order Placement: Orders are placed via the UNITBUILDER web site. Web sites are normally set up and ready for client to start using within a 24 to 48 hour period. UNITBUILDER will set up the templated service for client and give client a "blank" or "empty" web site. The client can at this time begin creating their site. UNITBUILDER is not responsible for creating any content on any client web sites. Client agrees to maintain the UNITBUILDER service for at least 90 days (3 billing cycles) or pay an early termination fee of $75.00.

Warranties and Representations UNITBUILDER warrants and represents that the Web site will appropriately conform to and operate in accordance with specifications set forth in the completed online order form. If UNITBUILDER is made aware of non-conformity of the above said, UNITBUILDER will make every reasonable effort to rectify the situation so the clients web site substantially conforms to and operates in accordance with such specifications. The client understands that the general reliability of the Internet may be controlled by situations beyond the immediate control of UNITBUILDER. Due to this, it is impossible for UNITBUILDER to Guarantee that the service of UNITBUILDER will be uninterrupted, for client or public access, for the use of UNITBUILDER services, or to access a client web site information and or products at all times without error.

The warranties and representations set forth in this article are the only warranties provided by UNITBUILDER with respect to the services or information provided by the client to the dealer hereunder. UNITBUILDER disclaims all other warranties, expressed or implied including, without limitation, any implied warranties or merchantability or fitness for a particular purpose, and any oral or written representations, proposals or statements made prior to this agreement. In no event shall UNITBUILDER be liable to the client or for incidental, consequential, special or indirect damages even if UNITBUILDER has been advised of the possibility of such damages. UNITBUILDER shall not be liable for any such claim or demand made against the Client by any third party except to the extent such claim or demand relates to copyright, patent, trade secret or other proprietary rights or UNITBUILDER. UNITBUILDER's entire liability to Client, whether based in contract or tort, will be limited to the total of those fees paid by the Client to UNITBUILDER through the original order form that the client submits online to UNITBUILDER.

Domain Name: Due to the constant change and growth of the World Wide Web, UNITBUILDER will not be held liable or responsible for the availability or loss of any domain name. Domain names purchased on behalf of the client are in the control of UNITBUILDER during the time that the contract between client and UNITBUILDER remains in effect and during all phases of the development and hosting process. If client cancels the contract or service, they are subject to a $50 termination and processing fee for the domain name if they wish for the domain name to be transferred into their name or to another service provider. This fee covers administrative costs that UNITBUILDER encounters during a domain registration process. UNITBUILDER is not responsible for any lost domain names that become registered by any other party during, after or before the client does business with UNITBUILDER. No domain name shall be transferred from UNITBUILDER's account until all fee's are paid and the account is in good standing with UNITBUILDER. This means that all past due credit card charges that have been declined must be brought current in order for a clients request to transfer a domain name can be completed.

Copyrights and Trademarks: The client represents to UNITBUILDER and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork used in the creation of any website using the UNITBUILDER service in web pages or a web site are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend UNITBUILDER from any claim or suit arising from the use of such elements furnished by the client.

Internet Reliability: UNITBUILDER does not warrant that the functions contained in said Web pages or that the Internet Web site will be uninterrupted or error-free. In no event will UNITBUILDER be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate said web pages or web site, even if UNITBUILDER has been advised of the possibility of such damages.

Music: By uploading music to your site you are stating that you have paid for the rights to use that music and insure that the music you are using does not violate any copyright laws. In no event will UNITBUILDER be liable for any illegal use of music. At the request of the owner/representative of the music we have the right to remove any unauthorized music from your site. Illegally using music on your site could be terms for cancellation.

Customer Reliability: UNITBUILDER nor its affiliates can not be held liable for the reliability of any customer or business transaction conducted from clients web site, nor any loss from said transactions. It is up to client to verify any questionable customer information before shipping any product or providing any type of service to potential customers.

Cancellations. Client may cancel this contract at any time by providing 30 days written notice. The 30 day notice begins at the time UNITBUILDER receives the cancel request by the client. Client agrees to maintain the UNITBUILDER service for at least 90 days (3 billing cycles) or pay an early termination fee of $75.00.

Renewals: This contract will renew each year on this date. It will continue to renew until it is canceled in writing by either party at least 30 days prior to the renewal date of contract. The monthly bill for your UNITBUILDER account will be billed directly from UNITBUILDER in the form of a charge to clients credit card that was placed on file with the orignal order form. Failure to obtain a charge for any amount due to UNITBUILDER will result in the web site being removed from the UNITBUILDER Internet Servers and will be subject to a $100.00 reinstatement fee plus any late fees for the past due amount if the client wishes to continue using the UNITBUILDER web service. UNITBUILDER will not be held liable for any lost information, documents or graphics.

The client is engaging UNITBUILDER for the specific project of developing a Templated web site to be hosted and maintained on UNITBUILDER'S Internet Servers or service providers computer. The client hereby authorizes UNITBUILDER to create and access client's web page directory, cgi-bin directory, and any other directories or programs which need to be created and maintained for this project. The client also authorizes UNITBUILDER to secure the requested domain name on their behalf. I have read and understand the above agreement and accept the terms.

UNITBUILDER reserves the right to change, alter or modify this agreement at any time without notice.