WEB HOSTING USER AGREEMENT

This User Agreement ("Agreement") is an agreement between SandyMeier.com, LLC, a South Carolina Limited Liability Company, and the party set forth in the related order  ("Customer" or "you") incorporated herein by reference (together with any subsequent orders submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").

PLEASE READ THIS AGREEMENT CAREFULLY. 

UTILIZING ANY OF SANDYMEIER.COM HOSTING SERVICES OR MAKING A PAYMENT FOR HOSTING SERVICES CREATES A CONTRACT BETWEEN YOU THE CUSTOMER AND SANDYMEIER.COM, LLC. THIS CONTRACT CONSISTS OF:

• THE ORDER.
  
• THE APPLICABLE SERVICE DESCRIPTION.
  
• THIS USER AGREEMENT
  
• THAT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING SandyMeier.com, LLC USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy
   
   Under this Agreement, Customer shall comply with SandyMeier.com's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by SandyMeier.com, which currently can be viewed under the Legal section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. SandyMeier.com does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, SandyMeier.com may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event SandyMeier.com takes corrective action due to a violation of the AUP, SandyMeier.com shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that SandyMeier.com shall have no liability to Customer or any of Customer's customers due to any corrective action that SandyMeier.com may take (including, without limitation, disconnection of Services).
   
   
2. Term; Termination; Cancellation Policy.
   a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SANDYMEIER.COM TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
   
   b. This Agreement may be terminated
   
   i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),
   
   ii. by SandyMeier.com in the event of nonpayment by Customer,
   
   iii. by SandyMeier.com, at any time, without notice, if, in SandyMeier.com's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in SandyMeier.com's sole and absolute discretion and/or judgment, could disrupt, SandyMeier.com's business operations and/or
   
   iv. by SandyMeier.com in accordance with Sections 1, 9, and 10 of this Agreement.
   
   c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,
   
   i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
   
   ii. SandyMeier.com shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,
   
   iii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of $75.00. Any cancellation request shall be effective thirty (30) days after receipt by SandyMeier.com, unless a later date is specified in such request.
   
   d. SandyMeier.com may terminate this Agreement
   
   i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or
   
   ii. immediately by giving written notice to Customer, if SandyMeier.com determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition, including the AUP. If SandyMeier.com cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the AUP or Customer's use of the Services disrupts, SandyMeier.com shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and SandyMeier.com shall have the right to charge you an administrative fee of $50.00.
   
   e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 8, 10, 11, 13 and 15 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which SandyMeier.com may be entitled.
   
   
3. Customer's Responsibilities.
   
   a. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
   
   b. Customer will cooperate fully with SandyMeier.com in connection with SandyMeier.com's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for SandyMeier.com's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify SandyMeier.com of any change in Customer's mailing address, telephone, e-mail or other contact information.
   
   c. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
   
   d. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by SandyMeier.com to provide the Services, as the same may be changed by SandyMeier.com from time to time. Specifications for the hardware and software used by SandyMeier.com to provide the Services will be available on SandyMeier.com's Web site. Customer shall periodically access SandyMeier.com's Web site to determine if SandyMeier.com has made any changes thereto. SandyMeier.com shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by SandyMeier.com to provide the Services.
   
   e. Unless provided otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
   
   
4. Customer's Representations and Warranties.
   
   a. Customer hereby represents and warrants to SandyMeier.com, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
   
   i. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by SandyMeier.com to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
   
   ii. Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
   
   iii. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and
   
   iv. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
   
   b. Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation
   
   i. the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,
   
   ii. ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
   
   iii. ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
   
   c. Customer grants SandyMeier.com the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
   
   
5. License to SandyMeier.com. Customer hereby grants to SandyMeier.com
   
   a. non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and (b) make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, SandyMeier.com is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
   
   
6. Billing and Payment.
   
   a. Customer will pay to SandyMeier.com the service fees for the Services in the manner set forth in the Order Form.
   
   b. SandyMeier.com may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer.
   
   c. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on SandyMeier.com's net income). All such taxes will be added to SandyMeier.com's invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
   
   d. Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within forty five (45) days after the date of the invoice, SandyMeier.com may charge Customer a late fee of $15.00 for such invoice; in addition any amounts payable to SandyMeier.com not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
   
   e. If SandyMeier.com collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if SandyMeier.com prevails in any action to which the Customer and SandyMeier.com are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and SandyMeier.com's reasonable attorneys' fees. I
   
   f. If any check is returned for insufficient funds SandyMeier.com may impose a processing charge of $25.00.
   
   g. In the event that any amount due SandyMeier.com remains unpaid twenty (20) days after such payment is due, SandyMeier.com, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
   
   h. There will be a $50.00 charge to reinstate accounts that have been suspended or terminated.
   
   i. Wire transfers will be assessed a $30.00 charge.
   
   j. Customer acknowledges and agrees that SandyMeier.com may pre- charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
   
   k. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SandyMeier.com TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.
   
   
7. SandyMeier.com as Reseller or Licensor.
   SandyMeier.com is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-SandyMeier.com Product"). SandyMeier.com shall not be responsible for any changes in the Services that cause the Non-SandyMeier.com Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non- SandyMeier.com Product either sold, licensed or provided by SandyMeier.com to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of SandyMeier.com's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-SandyMeier.com Product are limited to those rights extended to Customer by the manufacturer of such Non- SandyMeier.com Product. Customer is entitled to use any Non-SandyMeier.com Product supplied by SandyMeier.com only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by SandyMeier.com to Customer through any Non-SandyMeier.com Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-SandyMeier.com Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
   
   
8. Internet Protocol (IP) Address Ownership.
   If SandyMeier.com assigns Customer an Internet Protocol ("IP") address for Customer's use, the right to use that IP address shall belong only to SandyMeier.com, and Customer shall have no right to use that IP address except as permitted by SandyMeier.com in its sole and absolute discretion in connection with the Services, during the term of this Agreement. SandyMeier.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by SandyMeier.com, and SandyMeier.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
   
   
9. Caching.
   Customer expressly (i) grants to SandyMeier.com a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by SandyMeier.com under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
   
   
10. CPU Usage.
    Customer agrees that Customer shall not use excessive amounts of CPU processing on any of SandyMeier.com's servers. Any violation of this policy may result in corrective action by SandyMeier.com, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in SandyMeier.com's sole and absolute discretion. If SandyMeier.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
    
    
11. Bandwidth and Disk Usage.
    Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). SandyMeier.com will monitor Customer's bandwidth and disk usage. SandyMeier.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in SandyMeier.com's sole and absolute discretion. If SandyMeier.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
    
    
12. Property Rights.
    
    a. SandyMeier.com hereby grants to Customer a non-exclusive, non- transferable, royalty-free license, exercisable solely during the term of this Agreement, to use SandyMeier.com technology, products and services solely for the purpose of accessing and using the Services. Customer may not use SandyMeier.com's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from SandyMeier.com to Customer any SandyMeier.com technology, and all rights, titles and interests in and to any SandyMeier.com technology shall remain solely with SandyMeier.com. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the SandyMeier.com.
    
    b. SandyMeier.com owns all right, title and interest in and to the Services and SandyMeier.com's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.
    
    
13. Disclaimer of Warranty.
    Customer agrees to use all Services and any information obtained through or from SandyMeier.com, at Customer's own risk. Customer acknowledges and agrees that SandyMeier.com exercises no control over, and accepts no responsibility for, the content of the information passing through SandyMeier.com's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF SANDYMEIER.COM, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "SANDYMEIER.COM PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT SANDYMEIER.COM PROVIDES. NO SANDYMEIER.COM PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SANDYMEIER.COM IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY SANDYMEIER.COM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SANDYMEIER.COM PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
    
    
14. Limited Warranty.
    
    a. SandyMeier.com represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by SandyMeier.com generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies SandyMeier.com, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and SandyMeier.com's sole obligation, for breach of the foregoing warranties shall be for SandyMeier.com, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. SandyMeier.com may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
    
    b. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of SandyMeier.com's reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of SandyMeier.com. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, SANDYMEIER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND SANDYMEIER.COM HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. SANDYMEIER.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
    
    
15. Limitation of Liability.
    
    a. IN NO EVENT WILL SandyMeier.com'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO SandyMeier.com BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
    
    b. SandyMeier.com CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. SandyMeier.com WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
    
    c. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
    
    d. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer's indemnification obligations.
    
    e. Notwithstanding anything to the contrary in this Agreement, SandyMeier.com's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
    
    f. Customer understands, acknowledges and agrees that if SandyMeier.com takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that SandyMeier.com shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by SandyMeier.com.
    
    g. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
    
    
16. Indemnification. Customer agrees to indemnify, defend and hold harmless SandyMeier.com and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
    
    
17. Miscellaneous.
    
    a. Independent Contractor. SandyMeier.com and Customer are independent contractors and nothing contained in this Agreement places SandyMeier.com and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    
    b. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of South Carolina. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A SOUTH CAROLINA STATE OR FEDERAL COURT LOCATED IN DORCHESTER COUNTY, SOUTH CAROLINA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
    
    c. Headings. The headings herein are for convenience only and are not part of this Agreement.
    
    d. Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or SandyMeier.com, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and SandyMeier.com. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by SandyMeier.com in its sole discretion, which modifications will be effective upon posting to SandyMeier.com's web site.
    
    e. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    
    f. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. SandyMeier.com may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in SandyMeier.com's billing records.
    
    g. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    
    h. Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of SandyMeier.com. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. SandyMeier.com may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    
    i. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
    
    j. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, SandyMeier.com's records of such execution shall be presumed accurate unless proven otherwise.
    
    k. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
    
    l. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
    
    m. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
    
    n. Marketing. Customer agrees that during the term of this Agreement SandyMeier.com may publicly refer to Customer, orally and in writing, as a customer of SandyMeier.com. Any other public reference to Customer by SandyMeier.com requires the written consent of Customer.
    
    
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ACCEPTABLE USE POLICY

As your Host, SandyMeier.com, LLC does not monitor or take responsibility in any way for the content of your site or email you send through this account. However, content that is pornographic, illegal, or hate-related is strictly forbidden, and may be cause for your account to be terminated.  If you're not sure about some content you're interested in hosting, please contact us for clarification before signing up.

Likewise, “Spam” or bulk, unsolicited email is not allowed to be sent through this server and/or associated with your site, and using your account in this fashion is also cause for your account to be terminated.

If your account is terminated for content or spamming violations, no refund will be given.

By signing up for a SandyMeier.com, LLC hosting account, you are agreeing to the following:

• SandyMeier.com, LLC is authorized to set up a hosting account for you with a recurring monthly charges as specified in your Website Design Agreement payable at least one month in advance.
• If you are requesting a domain name registration, you will be charged for annual domain registration, including all fees.
• You may terminate your hosting account at any time, with any fees in excess of the current month's billing to be refunded to you.
• This account may be terminated by the host for content or spamming violations, with no refund due to the customer.
• Changes or amendments to this agreement may be posted to the host's website.
• All the information you share is considered confidential, and will only be used for the administration of your hosting account.

SandyMeier.com, LLC reserves the right to cancel your account for nonpayment, remove your content from the server, and/or change your password until your account is current

If you don't agree to these terms, you may not sign up for or maintain a SandyMeier.com, LLC hosting account.

1. SandyMeier.com, LLC maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail (“SPAM”). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
   
   
• Use or contain invalid or forged headers;
• Use or contain invalid or non-existent domain names;
• Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
• Use other means of deceptive addressing;
• Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
• Contain false or misleading information in the subject line or otherwise contain false or misleading content;
• Fail to comply with additional technical standards described below;
• Otherwise violate SandyMeier.com, LLC's terms and conditions.


2. SandyMeier.com, LLC does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. SandyMeier.com, LLC does not permit or authorize others to use its network to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are SandyMeier.com, LLC's confidential and proprietary information. Use of our network is also subject to our Acceptable Use Policy, Policy Statement and Terms of Use and Notices.
   
   
3. SandyMeier.com, LLC does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any SandyMeier.com, LLC product or service.
   
   
4. We monitor all traffic to and from our servers. Customers suspected of using SandyMeier.com, LLC’s products and services for the purpose of sending SPAM will be investigated. It is SandyMeier.com, LLC’s policy to immediately remove and deactivate any offending web site sending SPAM.
   
   
5. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. SandyMeier.com, LLC may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
   
   
6. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
   
   
7. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
   
   
8. If SandyMeier.com, LLC believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. SandyMeier.com, LLC may immediately suspend or terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
   
   
9. If, after account suspension, SandyMeier.com, LLC elects to reinstate the suspended account at the customer's request, SandyMeier.com, LLC reserves the right to charge a reinstatement fee of $100 for each reinstatement.
   
   
10. SandyMeier.com, LLC reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in SandyMeier.com, LLC's sole judgment, could disrupt SandyMeier.com, LLC's business operations, SandyMeier.com, LLC reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
    
    
11. To report an incidence of SPAM, please send an email to webdesigns@sandymeier.com
    
    
12. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of SandyMeier.com, LLC’s rights.
    
    
13. SandyMeier.com, LLC maintains or resells the use of computer equipment in South Carolina and California (among other states), and unauthorized use of our network will lead to use of equipment in these states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.); and California Business & Professions Code §17538.45 and other state and federal laws.

Revised: May 2005