Terms of Service, Privacy Policy and Refund Policy
 
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Lotus Web Solutions, LLC
Universal Terms of Service for Lotus Web Solutions, LLC
Software and Services

This Universal Terms of Service for Lotus Web Solutions, LLC Software and Services Agreement ("Agreement") is by and between"Lotus Web Solutions, LLC" a/an Delaware LLC and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Lotus Web Solutions, LLC software ("Software") and services ("Services") and explains Lotus Web Solutions, LLC's obligations to You and Your obligations to Lotus Web Solutions, LLC in relation to the Software and Services You purchase.
This Agreement as well as any additional Lotus Web Solutions, LLC policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Lotus Web Solutions, LLC concerning Your use of Lotus Web Solutions, LLC's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Lotus Web Solutions, LLC policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy. By purchasing Lotus Web Solutions, LLC's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Lotus Web Solutions, LLC may establish from time to time, and any agreements that Lotus Web Solutions, LLC is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here.
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 the account You've established with Lotus Web Solutions, LLC, whether or not the transactions were in Your behalf. You acknowledge that Lotus Web Solutions, LLC's acceptance of any application made by You for Services provided by Lotus Web Solutions, LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

The General Terms in Section A apply to all customers of Lotus Web Solutions, LLC. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services

A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES

1. TERM OF AGREEMENT, MODIFICATIONS
You agree that Lotus Web Solutions, LLC may modify this Agreement and the Services from time to time. You agree to be bound by any changes Lotus Web Solutions, LLC may make to this Agreement when such changes are made. If You have purchased Services from Lotus Web Solutions, LLC, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, Lotus Web Solutions, LLC will not refund any amounts You have paid. You agree that Lotus Web Solutions, LLC shall not be bound by any representations made by third parties who You may use to purchase Services from Lotus Web Solutions, LLC, and that any statement of a general nature, which may be posted on Lotus Web Solutions, LLC's web site or contained in Lotus Web Solutions, LLC's promotional materials, will not bind Lotus Web Solutions, LLC. Lotus Web Solutions, LLC may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Lotus Web Solutions, LLC should You desire to terminate Your use of Lotus Web Solutions, LLC's Services. Notification of Your intent to terminate must be provided to Lotus Web Solutions, LLC no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. If your have subscribed for the "Free website or Basic package" and wish to terminate services voluntarily or involuntarily before 1 year you owe Lotus Web Solutions, LLC 350$ and if you terminate between 1 to 2 years, you owe 200$. After 2 years you will own the website and your site will be hosted for you on any hosting account you choose to do so. If you continue to use webhosting plan of Lotus Web Solutions, LLC after 2 years, you are eligible for a lower monthly payment of 16.99/month

2. ACCURATE INFORMATION.

You agree to maintain accurate information by providing updates to Lotus Web Solutions, LLC, as needed, while You are using Lotus Web Solutions, LLC's Services. You agree You will notify Lotus Web Solutions, LLC within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Lotus Web Solutions, LLC to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Lotus Web Solutions, LLC may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Lotus Web Solutions, LLC's Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Lotus Web Solutions, LLC has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Lotus Web Solutions, LLC has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY.

The Privacy Policy provides Your rights and Lotus Web Solutions, LLC's responsibilities with regard to Your personal information. Lotus Web Solutions, LLC will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Security

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of Lotus Web Solutions, LLC's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Lotus Web Solutions, LLC if, for any reason, Lotus Web Solutions, LLC takes corrective action with respect to Your improper or illegal use of its Services.

Lotus Web Solutions, LLC reserves the right at all times to disclose any information as Lotus Web Solutions, LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lotus Web Solutions, LLC's sole discretion.

If You have purchased Services, Lotus Web Solutions, LLC has no obligation to monitor Your use of the Services. Lotus Web Solutions, LLC reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Lotus Web Solutions, LLC reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever. Lotus Web Solutions, LLC reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Lotus Web Solutions, LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Lotus Web Solutions, LLC may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Lotus Web Solutions, LLC may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Lotus Web Solutions, LLC in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

  1. activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties.
  2. activities prohibited by the laws of the United States and/or foreign territories in which You conduct business.
  3. activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography.
  4. activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable.
  5. activities designed to impersonate the identity of a third party.
  6. illegal access to other computers or networks (i.e., hacking).
  7. distribution of Internet viruses or similar destructive activities.
  8. activities designed to harm or use unethically minors in any way.
  9. activities associated with the sale or distribution of prescription medication without a valid prescription.
Notwithstanding anything to the contrary herein, in the event Lotus Web Solutions, LLC cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Lotus Web Solutions, LLC in connection with the Services being cancelled. In the event Lotus Web Solutions, LLC deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Lotus Web Solutions, LLC if, for any reason, Lotus Web Solutions, LLC takes corrective action with respect to Your improper or illegal use of its Services.

6. NO SPAM, LIQUIDATED DAMAGES.

You agree Lotus Web Solutions, LLC may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Lotus Web Solutions, LLC liquidated damages of one dollar ($1.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Lotus Web Solutions, LLC's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Lotus Web Solutions, LLC's Anti-Spam Policy, availablehere. Such terms and conditions are applicable to the use of all Lotus Web Solutions, LLC Software and Services and are incorporated herein.

7. INTELLECTUAL PROPERTY.

You agree Lotus Web Solutions, LLC or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the Lotus Web Solutions, LLC web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Lotus Web Solutions, LLC or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Lotus Web Solutions, LLC or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

9. FEES AND PAYMENT.

As consideration for the Software or Services purchased by You and provided to You by Lotus Web Solutions, LLC, You agree to pay Lotus Web Solutions, LLC at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Lotus Web Solutions, LLC expressly reserves the right to modify pricing through email notification and/or notice on its web site. Your Payment Method on file must be kept valid if You have any active products in Your account. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Lotus Web Solutions, LLC will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Lotus Web Solutions, LLC, at Lotus Web Solutions, LLC's then current rates.

If for any reason Lotus Web Solutions, LLC is unable to charge Your Payment Method for the full amount owed Lotus Web Solutions, LLC for the Services provided, or if Lotus Web Solutions, LLC is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Lotus Web Solutions, LLC may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Lotus Web Solutions, LLC is unable to charge Your credit card with the full amount of the Services provided, or if Lotus Web Solutions, LLC is charged back for any fee it previously charged to the credit card You provided, You agree that Lotus Web Solutions, LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies Lotus Web Solutions, LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Lotus Web Solutions, LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You may change Your Payment Method at any time by calling us or change your payment method on the Lotus Web Solutions, LLC website www.lotusitsolutions.com. For Lotus Web Solutions, LLC orders where payment has not been received or Lotus Web Solutions, LLC has received a chargeback for any portion of the transaction, You understand that in addition to any administrative fees Lotus Web Solutions, LLC may charge for the handling of the chargeback, the seller may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise. Lotus Web Solutions, LLC is not responsible for the actions of the sellers.

You agree that You are solely liable for arranging that Your Services are renewed, and that Lotus Web Solutions, LLC shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all transactions are processed in US dollars, Lotus Web Solutions, LLC may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Lotus Web Solutions, LLC makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, You may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

(b) Payment By Check

By using Lotus Web Solutions, LLC's pay by check option ("Pay By Check"), You can purchase Lotus Web Solutions, LLC Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by Lotus Web Solutions, LLC, You agree to allow "Pay Simple" to debit the full amount of this transaction from Your checking account, which is non-refundable. Pay Simple will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is Your responsibility to keep Your checking account current and to have available funds in it. You agree that Pay Simple and Lotus Web Solutions, LLC will not be responsible for payments that fail to go through as a result of Your checking account no longer existing or holding insufficient funds. If for any reason Pay Simple is unable to withdraw the full amount owed for the Services provided, You agree that Lotus Web Solutions, LLC may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from Your account using an EFT or bank draft.

The check may not be for less than the full amount required at that time. Personal checks under one thousand dollars ($1,000.00) are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services.

By clicking the box labeled "I agree" to the terms of the Pay by Check Agreement, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft and You authorize a debit of THE FULL AMOUNT of this order from Your checking account.

(c) Pay by PayPal

By using Lotus Web Solutions, LLC's pay by PayPal payment option ("PayPal"), You can purchase Lotus Web Solutions, LLC Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Lotus Web Solutions, LLC, You agree to allow PayPal to debit the full amount of Your purchase from Your PayPal account ("PayPal Account") or from the credit card(s), debit card(s), bank account(s), or other allowed payment method(s) linked to Your PayPal Account ("PayPal Funding Source").

It is Your responsibility to keep Your PayPal Account and PayPal Funding Source current and funded, and Your PayPal Account backed by a valid credit card. You agree that PayPal and Lotus Web Solutions, LLC will not be responsible for payments that fail to go through as a result of Your PayPal Account or PayPal Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for Your purchase, You agree that PayPal and Lotus Web Solutions, LLC may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be debited from Your PayPal Account or PayPal Funding Source.

By clicking the box labeled "I agree" to the terms of the PayPal payment option, You authorize a debit of the full amount of Your purchase from Your PayPal Account or PayPal Funding Source.

10. REPRESENTATIONS AND WARRANTIES.

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are eighteen (18) years of age or older, or that You have an agent authorized by law to represent You who is eighteen (18) years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Lotus Web Solutions, LLC expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Lotus Web Solutions, LLC, as well as its affiliates, subsidiaries, officers, directors and employees. Lotus Web Solutions, LLC also reserves the right to freeze a domain name during resolution of a dispute.

11. LIMITATION OF LIABILITY.

IN NO EVENT SHALL Lotus Web Solutions, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Lotus Web Solutions, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Lotus Web Solutions, LLC's liability is limited to the full extent permitted by law. You agree that in no event shall Lotus Web Solutions, LLC's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Lotus Web Solutions, LLC.

12. DISCLAIMER OF WARRANTIES.

Lotus Web Solutions, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lotus Web Solutions, LLC MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Lotus Web Solutions, LLC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

13. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Lotus Web Solutions, LLC and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Lotus Web Solutions, LLC whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Lotus Web Solutions, LLC or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Lotus Web Solutions, LLC harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Lotus Web Solutions, LLC be notified of a pending law suit, or receive notice of the filing of a law suit, Lotus Web Solutions, LLC may seek a written confirmation from You concerning Your obligation to indemnify Lotus Web Solutions, LLC. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that Lotus Web Solutions, LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Lotus Web Solutions, LLC of any such claim promptly in writing and to allow Lotus Web Solutions, LLC to control the proceedings. You agree to cooperate fully with Lotus Web Solutions, LLC during such proceedings.

You agree to cooperate fully with Lotus Web Solutions, LLC during such proceedings. You agree You will not be entitled to a refund of any fees paid to Lotus Web Solutions, LLC if, for any reason, Lotus Web Solutions, LLC takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if Lotus Web Solutions, LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with Lotus Web Solutions, LLC, that Lotus Web Solutions, LLC, in its sole discretion, may take whatever action Lotus Web Solutions, LLC deems necessary regarding further modification, assignment of and/or control of Your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.

This Agreement shall be deemed entered into in the State of __________. Except for disputes concerning the user of a domain name registered with Lotus Web Solutions, LLC, You agree that the laws and judicial decisions of ________________, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of _________________. For the adjudication of disputes concerning the use of any domain name registered with Lotus Web Solutions, LLC, You agree to submit to jurisdiction and venue in the U.S. District Court for the District of __________________________. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

15. NOTICES.

You agree that all notices (except for notices concerning breach of this Agreement) from Lotus Web Solutions, LLC to You may be posted on Lotus Web Solutions, LLC's web site. Notices concerning breach will be sent either to the email or postal address You have on file with Lotus Web Solutions, LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Lotus Web Solutions, LLC shall be made either by email, sent to the address provided on the Lotus Web Solutions, LLC web site, or first class mail to Lotus Web Solutions, LLC's address at:

Lotus Web Solutions, LLC.
Attn: Lotus Web Solutions, LLC

2623 S. Everly Dr

Frederick, MD 21701

16. HEADINGS.

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

17. ENTIRE AGREEMENT.

You agree this Agreement including the policies and agreements it refers to (i.e. Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Lotus Web Solutions, LLC regarding the Services contemplated herein.

18. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

19. WAIVER.

The failure of Lotus Web Solutions, LLC to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Lotus Web Solutions, LLC thereafter to enforce such provisions.

20. FORCE MAJEURE.

Lotus Web Solutions, LLC will make every effort to keep its web site and Services 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 Lotus Web Solutions, LLC liable for any of the consequences of such interruptions.

21. SURVIVAL.

Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement

22. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

23. Domain Name Agreement including but not limited to Registration, Renewal and all other Domain related agreements that may apply and which may not have been mentioned here
Domain are purchased with netfirms.com or justhost.com. Their respective terms and conditions should be read and understood. Please visit justhost.com and netfirms.com and read it completely before purchase. IN NO EVENT SHALL Lotus Web Solutions, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Lotus Web Solutions, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Lotus Web Solutions, LLC's liability is limited to the full extent permitted by law. You agree that in no event shall Lotus Web Solutions, LLC's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Lotus Web Solutions, LLC.

Revised: 1/10/2010

Copyright © 2009 Lotus Web Solutions, LLC. All Rights Reserved.

Lotus Web Solutions, LLC

DESIGN SERVICE AND MAINTENANCE AGREEMENT
This Power Content Design Service and Maintenance Agreement ("Agreement") is entered into by and between Lotus Web Solutions, LLC and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Lotus Web Solutions, LLC Content Design and its related services (collectively, the "Services") and represents the entire agreement between You and Lotus Web Solutions, LLC concerning the subject matter hereof. By using the Services, You acknowledge You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service and the Content Service Hosting Agreement that Lotus Web Solutions, LLC may establish from time to time, in its sole discretion, and any agreements that Lotus Web Solutions, LLC is currently bound by or may become bound by in the future. All Lotus Web Solutions, LLC policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

1. DESIGN SERVICES

Design Services

Depending on the level of service purchased, Lotus Web Solutions, LLC will create a web site tailored toward Your reasonable expectations, according to the description provided online. Should You elect to provide content copy and images for inclusion in Your web site, Lotus Web Solutions, LLC will require You supply those materials. All material must be supplied in an electronic file format and transmitted to Lotus Web Solutions, LLC electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to Lotus Web Solutions, LLC's facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to Lotus Web Solutions, LLC's facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. Lotus Web Solutions, LLC is not responsible for delays in web site completion due to delays in the receipt of shipped items. Lotus Web Solutions, LLC, in its sole discretion, may require You to re-submit images should they determine the images are not of high enough quality. Lotus Web Solutions, LLC will not begin construction of Your web site until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. Lotus Web Solutions, LLC will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation. Requests for additional design updates or site updates beyond the first update will result in additional hourly design fees based on our number of additional hours worked. Lotus Web Solutions, LLC will strive toward Your satisfaction, but does not guarantee all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases Lotus Web Solutions, LLC from any obligation for further revisions or alterations. No credits or refunds shall be given for any reason including dissatisfaction with the design created.

Hosting Service

The Services are dependent upon Your active subscription to a shared hosting account. During the design period, You must maintain Your subscription. Failure to maintain this subscription will result in termination of the design process. Cancellation of this service within six (6) months of purchase will incur an early termination fee, the amount to be determined by the level of service. Recurring billing for Your Power Content Design Service plan will begin the date of purchase. Cancellation of the service will not entitle You to a refund for prior months' service. The Services are not transferable to Lotus Web Solutions, LLC shared hosting accounts or to accounts not hosted at Lotus Web Solutions, LLC. The Services are transferable to other Power Content accounts.

2. LEGAL AGREEMENTS

You acknowledge You have entered into the Power Content Service Hosting Agreement. You agree to be bound by these agreements and all policies and procedures as posted on the web site.

3. LIMITATIONS

Lotus Web Solutions, LLC strives towards creating a web site that meets Your expectations. However, Lotus Web Solutions, LLC does not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. Lotus Web Solutions, LLC is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unpublished web site may be archived and will require additional activation fees to recover.

Lotus Web SOlutions, LLC takes your personal information very seriously. Access to member personal information is limited to the manager and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis. Lotus Web Solutions will maintain the security of Your account. However Lotus Web Solutions, LLC cannot issue guarantee of your account security. Lotus Web Solutions, LLC shall not be liable for any revisions or changes made by any person gaining access to Your account. Lotus Web Solutions, LLC will rectify them as soon as possible.

Any revisions requested to fix such changes shall be made in Lotus Web Solutions, LLC's sole discretion and then only upon payment of additional fees.

Lotus Web Solutions, LLC reserves the right to refuse any direction to create a web site that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another or for any other reason that Lotus Web Solutions, LLC, in its sole discretion, decides. Lotus Web Solutions, LLC has the right, but not the obligation, to back up or archive Your web site prior to publication.

The Services, the resulting product and all copies belong to Lotus Web Solutions, LLC. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Lotus Web Solutions, LLC grants You an unrestricted license in the web site and any products resulting from the purchase of the Services for the duration of Your Service subscription. Cancellation of Your Service subscription for any reason terminates Your license to the web site and all products resulting from the purchase of the Services. You agree to prevent any unauthorized copying of the Services or resulting products. Lotus Web Solutions, LLC does not grant any express or implied right to You under Lotus Web Solutions, LLC patents, copyrights, trademarks, or trade secret information. Lotus Web Solutions, LLC may display screen shots of the resulting product online, in marketing materials or in other manners in Lotus Web Solutions, LLC's sole discretion.

4. MAINTENANCE AND ALTERATIONS AFTER PUBLICATION

Lotus Web Solutions, LLC will provide a maintenance service plan of thirty (30) minutes of allocated time for the performance of maintenance and update services per billing month or cycle. If the minutes are not used in the applicable month, they will not be carried over to the next month. Should the requested revisions or updates take longer than the allotted time available under Your service plan, You may purchase additional time allotments in thirty (30) minute increments. Purchased time allotments may be carried over to the next billing month. Purchased time allotments expire after one year. No refunds or credits will be issued for time allotments not used within the prescribed time. Should You elect to provide content copy and images for inclusion in Your web site, Lotus Web Solutions, LLC will require You supply those materials. All material must be supplied in an electronic file format and transmitted to Lotus Web Solutions, LLC electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to Lotus Web Solutions, LLC's facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to Lotus Web Solutions, LLC ;s facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. Lotus Web Solutions, LLC is not responsible for delays in completion due to delays in the receipt of shipped items. Lotus Web Solutions, LLC, in its sole discretion, may require You to re-submit images should they determine the images are not of high enough quality. Lotus Web Solutions, LLC will strive toward Your Satisfaction, but does not guarantee all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases Lotus Web Solutions, LLC from any obligation for further revisions or alterations.

5. AVAILABILITY OF SERVICE

Subject to the terms and conditions of this Agreement and each of Lotus Web Solutions, LLC's policies and procedures, Lotus Web Solutions, LLC shall use commercially reasonable efforts to attempt to provide the Services on Monday - Friday, 9am - 5pm MST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Lotus Web Solutions, LLC may undertake from time to time; or (iii) causes beyond the reasonable control of Lotus Web Solutions, LLC or that are not reasonably foreseeable by Lotus Web Solutions, LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree Lotus Web Solutions, LLC has no control over the availability of the Services on a continuous or uninterrupted basis.

6. YOUR OBLIGATIONS

By using the Services, You agree You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law.

You agree You have the appropriate rights or licenses in all content, logos, trademarks or intellectual property supplied by You. You agree You have the right to provide and use all content provided by You, including feeds and third party account information. You also represent and warrant Your use of such content complies with all laws and is in accordance with any third party terms and conditions.

You agree all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree You will not use the Service to create a web site that contains the following types of information:

  1. personal information about children without their parent's consent
  2. pornographic or obscene content, as determined by Lotus Web Solutions, LLC in its sole discretion
  3. tasteless images
  4. excessively violent material
  5. links to web sites containing the serial numbers for unlocking software illegally
  6. pyramid schemes
  7. impersonations of another person
  8. encouraging the use of a controlled substance
  9. selling or promoting products that are unlawful in the location where the site is published
  10. advocating, promoting, or encouraging violence against any person, organization, or the government
  11. links to web pages containing any of the aforementioned content.
You represent and warrant You will not violate any law, third party rights, or post any false, inaccurate, misleading, defamatory or libelous content or statements on Your web site.

You also agree to respond to any requests for feedback within seven (7) days. Failure to respond within thirty (30) days shall result in a non-refundable cancellation of the Service.

Upon notice that Your web site is ready for You to review, within ten (10) days of such notice, You must: (i) provide Lotus Web Solutions, LLC with Your site update revisions; or (ii) notify Lotus Web Solutions, LLC that You have no revisions. If You do not provide revisions or notify Lotus Web Solutions, LLC that You have no revisions, Your web site will be published on Your behalf. Your web site will be published on Your behalf once the web site is completed, unless You notify Lotus Web Solutions, LLC via the Design Manager of Your election not to publish.

You acknowledge and agree that once published, all Lotus Web Solutions, LLC's obligations under this Agreement have been met. At any time after publication, You may elect to de-publish Your web site by requesting the Design Team to replace Your web site with a "coming soon" page.

7. Lotus Web Solutions, LLC 'S RIGHTS AND RESTRICTIONS

Lotus Web Solutions, LLC explicitly reserves the right and sole discretion to
  1. modify its pricing, if desired by Lotus Web Solutions, LLC
  2. establish limits and guidelines concerning the use of the Services
  3. 3. terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Lotus Web Solutions, LLC, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Lotus Web Solutions, LLC determines, in its sole discretion, to be harmful to its other customers, operations, or reputation
  4. terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Lotus Web Solutions, LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and terminate Your use of the Services if You have not responded to requests for feedback.
If Lotus Web Solutions, LLC terminates Your use of the Services, Lotus Web Solutions, LLC may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. Lotus Web Solutions, LLC has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
Privacy Policy
At Lotusitsolutions.com (managed by LOTUS), your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you request a quote or sign up for our services is used to process your orders and to provide a more personalized experience on our site.
How Do We Use the Information We Collect?
We will NEVER share your personal information with anyone.

Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order /service fulfillment.

Your demographic information (gender, date of birth, etc.) will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your credit cards and not someone using your stolen credit cards.
Refer-A-Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Lotusitsolutions.com does not store this information and uses it for the sole purpose of sending this one-time email.
Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.
Site Security
All LOTUS employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to the manager and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis.
Links To Other Sites
This Web site contains links to other Web sites. Please note that when you click on one of these links, you may be leaving the Lotusitsolutions.com site and entering another Web site. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.
Communication
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes such as winning a contest. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from Lotusitsolutions.com
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site
Supplementation
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.
Our Use of Cookies
Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.
Your Feedback is Always Welcome
We welcome your comments and questions about our privacy policy - or anything else you might want to talk about. To contact us click here
 
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