Yourarthere.net Web Site hosting Service agreement
This Web Site Hosting Service Agreement ("Agreement") is by and between Your Art Here, Inc. ("Your Art Here "), an Indiana Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Your Art Here's Web Site Hosting ("Web Hosting") services and represents the entire agreement between You and Your Art Here. By using Your Art Here's Web Hosting services, You acknowledge that You have read, understand 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 which Your Art Here may establish from time to time. You may view the latest version of this Agreement online.

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 Your Art Here, whether or not the transactions were in Your behalf.

1. fees
As consideration for the services purchased by You and provided to You by Your Art Here, You agree to pay Your Art Here a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Your Art Here. Payment is to be made by You providing either a valid credit card, using PayPal, Personal checks and money orders issued in U.S. dollars. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. Payments are non-refundable. If for any reason Your Art Here is unable to charge your Payment Method, You agree that Your Art Here may pursue all available remedies in order to obtain payment.

In the event that You exceed the scope of the Services as set forth in Your Agreement (for example, available bandwidth, CPU or disk utilization space), You shall pay Your Art Here for such additional services not within the scope of Your Agreement as specified. Your Art Here reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services.

2. terms of agreement; terms, termination, modifications

Term
The term of this Agreement shall commence on the date You purchase the Web Hosting services, and will continue in full force and effect as long as Your Art Here is providing Web Hosting services to You.

Termination
You agree that You will be responsible for notifying Your Art Here should you desire to terminate Your use of Your Art Here's Web Hosting services. Notification of Your intent to terminate must be provided to Your Art Here no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, Your Art Here will automatically continue Web Hosting services indefinitely at Your Art Here's current rates. In the event You terminate, moving your web site off of the Your Art Here hosting servers is Your responsibility. Your Art Here will not transfer or FTP Your web site to another provider. Your Art Here reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Server, services or any portion thereof. In the event Your Web Hosting service is terminated, Your Art Here will not transfer or manage Your Web Hosting or Your website content.

You agree that Your Art Here may modify this Agreement from time to time. Your Art Here may also discontinue services it provides under this Agreement. You agree to be bound by any changes Your Art Here reasonably make to this Agreement when such changes become effective.

3. description of service
Your Art Here currently provides Web Hosting services to its customers for a monthly fee. Your Art Here will host Your web site on Your Art Here's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Your Art Here's policies and procedures.

License of Your website content
Your Art Here grants to You, and You accept from Your Art Here, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with Your Art Here's performance or enforcement of this Agreement.

Availability of Services
Subject to the terms and conditions of this Agreement, Your Art Here shall attempt to provide Web Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Web Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Your Art Here may undertake from time to time; or (iii) causes beyond the control of Your Art Here or which are not reasonably foreseeable by Your Art Here, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Your Art Here has no control of availability of Web Hosting on a continuous or uninterrupted basis.

Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.

4. your obligations
You agree that You have provided accurate, current and complete information in the application process and that You will notify Your Art Here within five (5) business days when any 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 Your Art Here to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Your Art Here has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Your Art Here has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You represent and warrant to Your Art Here that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Your Art Here will not be used in connection with any illegal activity.

If You are hosting Your web site on Your Art Here's servers, You are responsible for ensuring that there is no excessive overloading on Your Art Here's DNS or servers. You may not use Your Art Here's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Your Art Here reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Your Art Here prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Your Art Here. You agree that Your Art Here reserves the right to remove Your web site temporarily or permanently from its hosting servers if Your Art Here is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Your Art Here to be in conflict with the spirit or intent of this Agreement or any Your Art Here policy.

Storage and Security
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Your Art Here servers; and (iv) ensure the confidentiality of Your password. Your Art Here's servers and hosting services are not an archive and Your Art Here shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Your Art Here, whereupon Your Art Here shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Your Art Here will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Your Art Here or another party due to someone else using Your account or password.

5. Your Art Here's rights
Your Art Here explicitly reserves the right and sole discretion to: (i) Censor any web site hosted on its Web Hosting servers that, in Your Art Here's sole discretion, is deemed inappropriate; (ii) Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; (iii) Modify its pricing through email notification; (iv) Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Your Art Here determines to be harmful to its other customers, operations, or reputation; (v) Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Your Art Here 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. Your Art Here has no obligation to monitor the Site or any of Your content, but reserves the right in its sole discretion to do so.

No Spam; Liquidated Damages
Your Art Here will immediately terminate any Web Hosting service 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 Your Art Here liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your website hosted with us, otherwise you agree to pay Your Art Here's actual damages.

6. dispute resolution policy
You agree to be bound by Your Art Here's current Dispute Resolution Policy. You agree that if a dispute arises as a result of one or more web sites Your Art Here is hosting for You, You will indemnify, defend and hold Your Art Here harmless for damages arising out of such dispute. You also agree that if Your Art Here is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Your Art Here, that Your Art Here, in its sole discretion, may take whatever action Your Art Here deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

7. limitation of liability
IN NO EVENT SHALL Your Art Here BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF Your Art Here HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT Your Art Here'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO Your Art Here HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.

8. indemnity
You agree to release, defend, indemnify and hold harmless Your Art Here and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from or related to (i) a dispute over one or more web sites Your Art Here is hosting for you, (ii) Your breach of this Agreement, (iii) any negligence, willful or improper misconduct by You; (iv) any allegation that Your site or content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; or (v) any action or conduct of Your Art Here's undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Your Art Here shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Your Art Here of any such claim promptly in writing and to allow Your Art Here to control the proceedings. You agree to cooperate fully with Your Art Here during such proceedings. You agree You will not be entitled to a refund of any fees paid to Your Art Here if, for any reason, Your Art Here takes corrective action with respect to Your improper or illegal use of its Web Hosting services. You also agree that if Your Art Here is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Your Art Here, that Your Art Here, in its sole discretion, may take whatever action Your Art Here deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

9. disclaimer of warranties
Your Art Here expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.

10. 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.

11. venue; waiver of trail by jury
This agreement shall be deemed entered into the state of Indiana. the laws and judicial decisions of Monroe county, Indiana, 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 Monroe County, Indiana.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

12. notices
You agree that all notices (except for notices concerning breach of this Agreement) from Your Art Here Domains, Inc. to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with Your Art Here Domains, Inc.. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Your Art Here, Inc. shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below. They shall be deemed to be delivered when received by Your Art Here, Inc. through first class mail the date they are received, or when sent by facsimile.
Copyright © 2004 Your Art Here, Inc.. All Rights Reserved.