Premier Hosting, Inc. Agreement

1. THIS AGREEMENT is made and entered between Premier Hosting, Inc. hereinafter referred to as PHInc™ and the Customer, who wishes to use the services of PHInc™ in accordance with PHInc™' standard application, the SignInOnline™ Form. Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

2. SERVICE DESCRIPTION: As a (WWW) World Wide Web service provider, PHInc™ provides dedicated server computers, which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of PHInc™ to establish an Internet web eCommerce presence. NOTE: You must have the skills / knowledge of running a business, using a PC and using the Internet, as we do not provide these services.

3. CONDITIONS: The application and this Agreement constitute a binding contract between PHInc™ and the Customer and do not extend to any other person or entity.

4. ILLEGAL INFORMATION: PHInc™ does NOT promote any site, which contains or promotes illegal products or information of any kind. If any of these occur on an account, the account termination procedures and forfeitures will apply.

5. UNILATERAL SERVICE REVOCATION: In the event that PHInc™ may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, PHInc™ may immediately discontinue such service to the Customer without liability.

6. PAYMENTS: All fees are due at the time the application is filled out, and submitted to PHInc™. In the event that the Customer fails to pay for such services in advance, PHInc™ shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
   
   Orders will not be dispatched until payment in full has been received and PHInc™ is satisfied with the integrity of the order.
   
   We reserve the right not to provide goods or services, or cancel orders (or part thereof) at our sole discretion at any time and we will not be held liable for loss or damage arising from the exercising of these rights.
   
   If you need to cancel an order, please contact us immediately. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms and conditions relating to returns and exchanges.

7. RATES: PHInc™ currently has different a rate for different services, please review our web site for those services and rates.

8. CHARGE BACKS: A Charge Back is considered a DEFAULT in this contract and your site, email etc will be suspended. If client disputes justified charges without consulting PHInc™ to resolve the dispute, PHInc™ has the right to suspend your account and immediately discontinue service. You will be charged a $300.00 administrative fee for each charge back you file.
   
   PHInc™ does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services or PayPal. It is not recommended to initiate a charge back hence customer agreed to AGREEMENT (this document) and Terms & Conditions as outlined in this document and PHInc™ Policies. Customer will agree to these terms prior to purchasing any products or services from PHInc™ and will continue to agree to these terms each time customer logs into their account. PHInc™ will wholeheartedly fight a charge back and / or dispute. Any dispute / charge back attempts will immediately result in suspension of your account and additional charge(s) applied to the customer credit card under the same terms and conditions as this Agreement.

9. NSF FEES: PHInc™ charges a $75.00 fee for all NSF items that are returned to the company.

10. INTEREST FEES: All monies that are due and will become due will be charged a monthly interest fee of 1.5 percent until the balance has been paid in full, including all miscellaneous fees.

11. MISCELLANEOUS FEES: In compliance with the Collections Department PHInc™ also charges $10.00 per paper invoice needed and $10.00 per Contract/Agreement that is requested by the customer and/or outside Collections Agency or Legal Representative.

12. SUPPORT: Support is offered through our Help Desk System CLICK ME and/or a limited amount is handled though our Customer Service Center by phone by dialing 920-968-7600 and if your question cannot be answered, you will be directed to use our Help Desk System CLICK ME. Support as stated here is always offered to you, at no charge. We can only speak with and support one person within a company, this person must on file as the contact person, we will not share information with others within the company. All information must be channeled through the contact person.

13. PRIVACY: We will not give any information about you, your company or your employees to any, firm, individual, company or government office without a federal court order to do so. Your private information including email addresses will not be sold to any of the above entities as well. All critical information is encrypted and is security monitored on our servers. We will not speak to anyone who is not listed on your account for any reason what so ever. If you wish others to be able to speak with us regarding your account, web site etc. you must first provide us with a written statement signed by you and notarized that you gave them permission to act on your behalf. The Billing Department of PHInc™ and its subsidiaries comply with all Federal and State policies concerning the release of information. PHInc™ does not release personal information and follows the rule under YOUR PROTECTION as listed above.

14. TECHNOLOGY: The technology we use and allow you to use while your web site is managed and hosted by PHInc™ is proprietary, and is STICKILY forbidden to share with others.  You agree not to use our technology or any other proprietary services offered by PHInc™ in any other manner or on any other server(s) without our written consent.  YOU agree  NOT to use any of our technology or business model in any form of competition for at least 3 years after written termination of this agreement.

15. TRADEMARKS & COPYRIGHT: The use of our trademark names and copyright material is strictly prohibited, on your web site, blogs, emails, forums, etc. and YOU MUST receive permission in advance prior to the use of our trademarks and copyright material anywhere.

16. MATERIAL INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on PHInc™ server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless PHInc™ for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against PHInc™ on the grounds of such violation. Violations to PHInc Terms Of Service will result in immediate account termination and PHInc™ reserves the right to charge up to $50.00 clean-up fee

17. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that PHInc™ makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that PHInc™ shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions.
    
    Client should acknowledge that neither we nor any other SEO company can give out any guarantee of getting certain positions on google, msn and yahoo which are top search engines. SEO process takes at least 1-3 months to show some significant effect. During this time the client site is analyzed and optimized within the timelines and resources specified in agreement. Achieving stable high rankings can take up to 12 months and require major investments. During the optimization process, the client site is very likely to drop in rankings and get less traffic from search engines.
    
    We measure success of SEO process by making client's website more user and search engine friendly. We or any other SEO company can't promise traffic gain, better SERPs results or more sales because search engine results are largely affected by many off-page factors which search engines like Google use in their algorithms. Normally the end result of SEO process will be more traffic, better rankings and more sales but as said, no SEO company can promise this. Our job is to get more traffic to client's website, but its client's job to convert traffic to sales. We can surly make client's website popular.

18. CLIENT / STAFF COMMUNICATIONS: All work on your web site, either package must be communicated through our Drop Ship Support Help desk. CLICK HERE We understand some customers may wish to have a one-to-one verbal communication with our staff, this can be done by appointment only and is based at a rate of $85.00 per hour, increments of 1 hour each. When you submit a help desk ticket, you may ask the designer to call you by phone, when the designer is working on your web site to go over some ideas, in this instance there will be no charges accrued to you

19. TORTUROUS CONDUCT: Any abuse towards any PHInc™ employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing PHInc™ or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at PHInc™ or its employees shall be considered a violation of this Agreement..
    
    Any threat; whether verbally, orally, written, or delivered by second parties directed towards PHInc™ or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this Agreement..
    
    Any conduct viewed as violating this section shall be considered a violation of this agreement. PHInc™ will be the sole arbitrator in regards to what is deemed a violation.

20. DAMAGE LIMITATION: Our cumulative liability to you for any and all claims relating to or arising out of your web site or usage shall not exceed the total amount of the monies or fees you have paid to us within the prior year. PHInc™ and its affiliates shall in no event be liable for any punitive or consequential damages, or lost profits, even if we have been advised of the possibility of such damages, and even if any exclusive remedy provided for in this agreement fails of its essential purpose. It is understood that if the customer believes that they have incurred damages that the damages the customer can suffer will NEVER be greater than the amount that the customer has paid to PHInc™ or any if its subsidiaries in the past year The customer agrees that if the monies or fee that were paid to PHInc™ are less than $5000,00 the only remedy the customer has is by using Small Claims Court in Winnebago County, Wisconsin, USA.

21. CANCELLATION POLICY: Since we have new order quickly, we do not have a cancellation window. Our policy is once you sign up for a service, and you agreed to these terms, you are responsible for the price of the package you selected.

22. COMPETITORS: Are strictly forbidden to access our servers for any reason what so ever with out our permission. Competitors are forbidden to sign up for our web sites or gain access to any of our customers web sites or our list of drop shippers, database's, products, descriptions etc. Competitors may NOT use any of our information, text, pictures, logo's trademarks, company name etc. on their web sites with out our approval.

23. REFUSE SERVICE: PHInc™ reserves the right to refuse service to anyone at any time for any reason. PHInc™ reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated. If client contacts our customers or breeches this contract in any form or manner. PHInc™ reserves the right to refuse service to you  or your company for any type of slander, defamation or harassment to our companies, staff, clients or to our affiliates and there will no NO REFUND.

24. CHANGES IN TERMS OF AGREEMENT: PHInc™ reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).  This agreement will be displayed to YOU each time you log onto your store manager, you will need to agree to these terms to enter the back end of your estore

25. GOVERNING LAW: The laws of the State of Wisconsin in the United States of America shall govern This Agreement. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. You are deemed to be entered into this contract / agreement performed in Menasha, Wisconsin. These Rules shall be governed by and construed in accordance with the laws of the State of Wisconsin and without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Winnebago County, Wisconsin, and agree that it shall be the sole forum and venue for any and all disputes between you and PHInc™. We reserve the right to change venue to San Francisco, CA for Trademark and Copy write issues.

26. ARBITRATION. Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with your web site or these Rules, or involving you and PHInc™, including the issue of any such claims in the amount of $5001.00, or more will be resolved by binding arbitration before a retired judge located in Winnebago County, WI. At the sole discretion of PHInc™.  The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses.

27. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

28. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer. By joining our service you agree to these terms. Each and every time you log into your account you are agreeing to these Terms and Conditions above.