IPAGIO.COM WEB SITE PACKAGE TERMS OF USE
USAGE OF WEB SITE By using the Ipagio.com Web Site Products and Services you agree to be bound by the following Terms of Use and such Terms of Use are incorporated by reference into the Ipagio.com Web Site Package and Product Agreements. Provider reserves the right to modify or amend these Terms of Use at any time.
CONTENT Client shall provide such content (text, pictures, sound, graphics, video and other data) ("Content") to Provider as is necessary to create Client's Web Site ("Web Site"). Client is responsible for verifying the accuracy of Content, both before and after same is posted to its Web Site. The Web Site Package will be provided in accordance with Provider's Standard Pricing and Design Guidelines located at www.Ipagio.com/mortgage-website-pricing.html, which are subject to change at any time, at Provider's sole discretion. If, after Web Site is set up, Client requests that Provider make any additional changes to the Logo size and placement, or requests any other changes from Provider's standard Website Package design and set up, Client shall pay for all such changes in accordance with the Provider's then prevailing hourly rate for such work that is completed by the Provider, and all such fees shall be in addition to the initial Template Package set up fees. As custom design work is not provider’s core business, there is guarantee Provider will be available for such work and it may need to be done by an outside vendor or website design agency.
TIME LIMIT FOR PROVIDING CONTENT AND COMPLETED IPAGIO.COM ORDER FORM Client shall provide the Content and fully completed and signed Ipagio.com Order Form to Provider via fax within thirty (30) days of the
Effective Date (or if the Web Site Design Service is requested after the Effective Date, within thirty (30) days of Provider's
acceptance of the purchase order.) If Client does not provide adequate Content to Provider within the applicable thirty (30)
day period, Provider may use elements and data from Provider's template database to assist in creating the Web Site. If
Provider is unable to create the Web Site due to Client’s failure to provide adequate Content to Provider, within the
applicable thirty (30) day period, Provider may discontinue work on Client’s Web Site and Provider shall be entitled to
collect the entire amount of all remaining hosting fees due and owing for the initial term.
MODIFICATIONS TO WEB SITE Provider shall notify Client upon set up of Client’s Web Site. Any additional changes made to Client’s Web Site after set up, that Provider is required to make on behalf of Client, will be charged at Provider’s then hourly rate.
DOMAIN NAME If Client wishes to register a custom domain name ("Domain Name") for the Web Site, Provider shall
cooperate with Client in registering the Domain Name with the appropriate entity. Client shall be responsible for promptly
paying for all registration and renewal fees for the Domain Name as charged by Provider or other appropriate entity. As
between Client and Provider, Client shall own all right, title and interest in and to the Domain Name. Client agrees that
Provider makes no representations nor provides any warranties that a domain name the Client requests will be available
for registration and Client acknowledges that Provider shall not under any circumstances be liable to Client or other
parties, in the event that the registration is not made in a timely manner. Client shall be solely responsible for tracking and
ensuring that all required renewals for Client Domain Names are made in a timely manner. Provider shall cooperate with
Client to renew Domain Names. However, Provider specifically makes no representations or warranties concerning the
automatic renewal of Domain Names on behalf of Client and under no circumstances shall Provider be liable to Client or
other parties, in the event that Clients Domain name is not renewed in a timely manner. As part of the web
maintenance/services provided under this Agreement, Provider will provide Domain Name Server (DNS) assistance.
Provider makes no representations or warranties as to the DNS service provided to the Client under this Agreement
(pursuant to the disclaimers stated at sections five and six of this Agreement). If Client arranges for a third party to provide
DNS and/or E-Mail service. Client agrees to hold Provider harmless from any errors made as a result of the third party's
management of the Client’s DNS and/or E-Mail service. If a third party provides DNS and/or E-Mail service for Client, and
Client needs additional services from Provider concerning Client’s DNS and/or E-Mail service, additional services will be
provided at Provider’s then hourly rate.
STORAGE AND BROADBAND ALLOWANCES
HOSTING & ACCEPTABLE USE POLICIES Client shall abide by Provider's web site policies ("Policies"), which is located at www.Ipagio.com/mortgage-website-design-legal.html (a copy of which will be provided to Client upon written request to Provider). Provider may change the Policies at any time without notice, at Provider’s sole discretion. If the Provider’s Acceptable Use Policies are violated, Provider at its sole discretion may terminate this Agreement with no further services due to Client. Whether the Provider’s Acceptable Use Policies have been violated will be at the sole determination of the Provider. Provider shall
UNDER NO CIRCUMSTANCES SHALL CLIENT SEND UNSOLICITED BULK EMAIL FROM OR RELATING TO WEB SITE. If this should
occur Provider at its election may immediately terminate this Agreement and immediately disable Client’s Web Site
without delay, and Client shall be responsible for payment of the entire amount of the remaining monthly fees for the
remaining period of the initial term. The Parties agree that Provider shall have no liability for any costs sustained by Client
should Provider disable Client’s Web Site per this section.
SERVICE LEVEL If due to the fault of Provider, the Web Site is not publicly available to users for 98.9 percent or more, of
the hours in any particular month following the month in which Provider first provides Web Hosting service to Client, then
Client shall be entitled to a pro rata refund of the Fees paid for such hosting in such month (in proportion to the
percentage of the total hours of the month in which the Web Site is not accessible). Provider will not be responsible for
refunding any other fees paid by Client such as banner fees, directory listing fees, etc.
PRIVACY AND SECURITY Client shall own any consumer or borrower data derived from Leads generated from the web site.
LINKS TO OTHER WEB SITES Provider as a convenience to its Clients, provides on its Web Sites links to Web Sites owned and operated by third parties not affiliated with Provider. Client’s use of the services and products offered is at its own risk and Provider assumes no liability for the products and services offered by third parties, regardless of whether Provider receives a referral fee for Client’s use of the third party sites. By assessing the third party's products and services from the links provided by Provider, Client hereby acknowledges and agrees to defend and hold Provider harmless from any action that may be instituted against said third parties by Client or Client’s customers.
AUDIT/SECURITY FEES Requests for analysis regarding Auditing and Security issues will be billed at Provider's then prevailing standard hourly charges and are subject to change at any time.
ORDERING ADDITIONAL PRODUCTS AND SERVICES Where Client has executed a Web Site Agreement and is set
up on an automatic payment schedule (either auto charge or auto debit) for monthly Fees, Client hereby authorizes
Provider to auto charge or auto debit Clients account unless Client specifically arranges for an alternative payment
method, when Client orders additional services and products from Provider in writing or over the phone.
PROVIDER COMMUNICATION WITH CLIENT By Acceptance of these Terms of Use, Client expressly authorizes and agrees to accept communication from Provider via either email, facsimile or by regular mail with regard to system status issues, product changes/enhancements, billing/account issues and new product and marketing information.