Web Hosting agreement for services

Thank you for choosing Litter Box Designs as your Web Hosting and/or Design
Service (the "Service"). Please read the following Terms of Service ("TOS") for this service. If you do not want to be bound by these TOS, do not accept the Service. We want the TOS to meet your need sand the needs of our other
customers and we expect that these TOS will evolve over time. The TOS will be altered and updated when the need arises and you will be notified to take a look at the TOS when changes are made. We want the TOS to meet your needs.

1. Order Acceptance; Payment; Suspension;

Litter Box Designs ("Service") may refuse to accept any order. The "Service" does agree to provide a reasonable notice via email or fax of any intent to delay or decline the acceptance of any order.

You agree to pay all charges up front for the Service selected by you during registration, including all monthly/yearly fees, additional product/optional charges and setup fees

Litter Box Designs may change the amount of any charge with thirty (30) days notice to you if you are on a monthly Service contract. Yearly contract holders will be informed of the change thirty (30) days prior to renewal.

Payment for service will be made in U.S. Dollars to Litter Box Designs. Payment will be accepted via Check, Money Order, Cashiers Check or Pay Pal (payments@litterboxdesigns.com). Payments are due upon account activation and future renewal. If payment is not received in full, within seven (7) business days after activation or renewal, Litter Box Designs may impose a debt service charge, amounting to one percent (1.0%) of the over due balance for each month or fraction thereof the overdue amount remains unpaid. In the event that any amount remains unpaid for thirty (30) days after the date of the invoice, Litter Box Designs may discontinue, withhold, or suspend Service. Monthly Service is paid on month ahead; therefore, Litter Box Designs may discontinue, withhold, or suspend Service at the end of the already paid period. Example: Months paid are January and February, billing for March and April was sent after January 15 for payment to be received by February 15, if payment is no received by February 15, the service will continue through 12:00am the first day of March, unless other arrangements have been made. If other arrangements have been made and are not upheld, the first agreement will apply and will be imposed. A site restore fee may apply if you wish to continue the Service after it has been discontinued.

A $30.00 return check fee will be imposed if a check is returned to Litter Box Designs by your financial institution for any reason. Litter Box Designs may suspend or revoke services at the end of the paid period upon notification of the returned check. If payment is returned more than once, your account will be subject to payment restrictions of certified funds (Money Order, Cashiers Check or Pay pal). Services suspended may be subject to a site restore fee.

A $20.00 site restore fee may be imposed when a site is suspended, for any reason, for each occurrence. Litter Box Designs reserves the right to terminate service when accounts are repeatedly suspended.

2. Duties of Litter Box Designs

Litter Box Designs will provide the Service selected by you during registration or consultation as described in the Services section of the Litter Box Designs Web site located at www.litterboxdesings.com Litter Box Designs may change the description of Service at any time. If requested by you, Litter Box Designs will attempt to register an Internet Domain Name on your behalf. You hereby waive any claims which you may have against Litter Box Designs for any loss, damage, claim or expense arising out of or in relation to, the registration or attempted registration of such Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name for such directories or lists following the termination of Service by Litter Box Designs for any reason. Litter Box Designs make no warranty or representation that the requested Domain Name will be available for registration. Litter Box Designs will impose an initial fee of $9.99 U.S. dollars for registering Domain Names. This includes a one (1) year subscription for that domain.

3. Limitation of Litter Box Designs obligations and liability

Litter Box Designs will use all of its efforts and resources to maintain acceptable performance of the contracted service. Litter Box Designs makes absolutely no warranties whatsoever, expressed or implied, including warranty of merchantability or fitness for a particular purpose.

Litter Box Designs cannot guarantee continues service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Litter Box Designs will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its systems. Litter Box Designs will not be liable to you or any of your customers for any claims or damages which may be suffered by you or your customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or Service interruptions whether or not caused by the fault or negligence of Litter Box Designs. Litter Box Designs will not be responsible for your Web site not being accessible on the Internet due to circumstances not in the direct control of Litter Box Designs, such as individual Internet user's own equipment capabilities, limitation, Internet service provider limitations and/or browser software limitations. The display of your Web site may vary from the submitted proof due to the variety of computer equipment and software. Your Web site will not be displayed while the host server is inside of a maintenance cycle window.

Litter Box Designs' liability to you, and any end user of the Service or any other Litter Box Designs service is limited to the amount paid to and received by Litter Box Designs for Service not accepted. In no event will Litter Box Designs be liable to you, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Litter Box Designs has been advised of the possibility of such damage.

You will take all necessary measures to preclude Litter Box Designs from being made a party to any lawsuit or claim regarding the Service provided to you or any end user. You hereby agree to indemnify and hold harmless Litter Box Designs from any and all claims of Whatever nature brought by any of your customers against Litter Box Designs in excess of the remedy set forth herein.

4. Property Rights

Litter Box Designs owns all right, title and interest in Litter Box Designs' trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operations of Services and of the hardware and software systems and resources necessary to provide the individual Service elements of which they consist. This agreement does not constitute a license to you to use Litter Box Designs trade name or service marks. Web sites designed by Litter Box Designs are the Copyright of Litter Box Designs who reserves all rights. You may request waiver of the copyright for your site by Litter Box Designs by sending email to service@litterboxdesigns.com

5. Disputes

We will attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation without formal proceedings. Any dispute, which cannot be resolved (other than the collection of money due on unpaid invoices and other than injunctive relief), will be subject to arbitration upon written demand of either party. Arbitration will take place in Kansas City, Missouri, or at another location if the parties so agree in writing. The arbitration will take place before an arbitration panel chosen as follows: The parties will each choose an arbitrator, and the two arbitrators will choose a third arbitrator and determine the third arbitrator's compensation. Each party will have one veto over the choice of the third arbitrator. The three arbitrators will schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party will pay the costs of its own arbitrator, and will pay half of the other costs of the arbitration proceedings. Each party will have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract.

The majority of arbitrators will render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration, the dissenting arbitrator, if any, will not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Should any legal action permissible under this Agreement be instituted to enforce the terms of service of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party will be entitled to recover reasonable attorney's fees and expenses at both the trial and appellate levels.

6. Refund Policy

For a Plan Length of Monthly, the full amount paid less any setup fees, administrative fees and overages, will be refunded, if Litter Box Designs is notified of your intent to terminate within the first 30 days following activation. No refund is available after the 30th day. Monthly plans are billed in two (2) month intervals.

For a Plan Length of twelve (12) months/one (1) year, the full amount paid, less any setup fees and overages, will be refunded if Litter Box Designs is notified of your intent to terminate within thirty (30) days after activation. No refund is available after the 30th day for the current three-month period ("quarter"). For all remaining quarters, refunds will only be available at the beginning of each quarter, less any setup fees, administrative fees and overages. For Example, on the twelve (12) month contract, Litter box Designs must receive the notice of cancellation prior to the first day of the fourth month of the contract in order to provide a refund for the second, third and fourth quarters. If notice is received on or after the first day of the fourth month, then a refund for the third and fourth quarter will only be available.


The first quarter following the notice of termination will be paid at the beginning of that quarter; the balance of the contract will be paid within ninety (90) days.

All cancellation requests must be received in writing, not postmarked, according to the above deadlines. Only regular mail notifications are acceptable. Telephone cancellation requests do not constitute notification. This policy does not apply to any additional services such as overages, additional disk space, additional POP accounts, etc.

This policy also applies to renewal of contracts.

Upon notification of cancellation and the end of your contract term (3 month period), your web site and all it's files will be removed from the server and returned to your either by diskette or CDROM via US Postal Service. A removal fee of $5.00 will apply to cover the removal, diskette/CDROM and postage. If you state in your cancellation request that you do not wish to have the files returned, there will be no charge to have them deleted.

7. Assignment

Your rights and obligations under this Agreement may not be transferred or assigned directly without the prior written consent of Litter Box Designs, which consent will not be unreasonably refused. Litter Box Designs may assign this Agreement to another party.

8. Partial Invalidity

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. We agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

9. Applicable Law, Jurisdictional Matters

This Agreement is governed by and constructed under the laws of the State of Missouri and the United States of America. The federal an state courts of the State of Missouri will have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this Agreement.

10. Notices

Notices may be sent to US Postal:

706 E 29th St
Kansas City, Missouri 64109-2626

or

Email to: service@litterboxdesigns.com

11. Entire Agreement; Modifications

This Agreement set forth the entire Agreement and Understanding between the parties and merges all prior discussion between them. Utilization of the Service by you and/or your customers following the effective date of any change or modification of this Agreement will constitute acceptance by you of such changes(s). Otherwise, this Agreement may not be modified except by written consent of both parties.