Floyd Innovations Web Success Site Hosting Service Agreement

This Web Site Hosting Service Agreement ("Agreement") is by and between Floyd Innovations LLC ("Floyd Innovations"), a New York company, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of execution. This Agreement sets forth the terms and conditions of Your use of Floyd Innovations' Web Site Hosting services (collectively, the "Services"). By using the 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, including the Universal Terms of Service which Floyd Innovations may establish from time to time. Such Agreements may be found on the Floyd Innovations website. 

Description of Service
Floyd Innovations currently provides the Services to its customers for a monthly fee. Floyd Innovations will host Your web site on Floyd Innovations' servers, provided, however, You abide by the terms and conditions set forth herein and in each of Floyd Innovations' policies and procedures.  

Availability of Services
Subject to the terms and conditions of this Agreement, Floyd Innovations shall attempt to provide the Services 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 Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Floyd Innovations may undertake from time to time; or (iii) causes beyond the control of Floyd Innovations or that are not reasonably foreseeable by Floyd Innovations, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Floyd Innovations has no control of availability of the Services 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 Services. In no event shall Your web site consist of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

Technical Support Services
Floyd Innovations will provide basic technical support with your hosting account to answer questions and deal with sever and account related issues.

For more advanced requests relating to additional programming or functionality, a project proposal and estimate will be offered to you.

If Floyd Innovations will be posting content to your site for you, Floyd Innovations will require all content copy and high quality images for inclusion in your custom site. All material must be supplied in an electronic file format and transmitted to Floyd Innovations electronically via email or file upload. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. Floyd Innovations is not responsible for delays in completion due to delays in the receipt of shipped items. Floyd Innovations, in its sole discretion, may require you to re-submit images should they determine that the images are not of high enough quality. Floyd Innovations will strive toward your Satisfaction, but does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the website is acknowledgement of Your satisfaction with the Services and releases Floyd Innovations from any obligation for further revisions or alterations.

Information Shared with Partners 
As a condition of purchasing and using the Services, You acknowledge and agree that Floyd Innovations may provide Your personal information to their partners, as required to provide the services for which You are purchasing. 

Your Obligations
Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to contact Floyd Innovations customer service and convey your desire to cancel your hosting service and Your failure to contact customer service shall be deemed acceptance of the renewal term. You are responsible for ensuring that there is no excessive overloading on Floyd Innovations' DNS or servers. In the event that You exceed Your allotted bandwidth or disk space and thereby overload Floyd Innovations' DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Floyd Innovations' 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 Floyd Innovations reserves the right to remove sites that contain information about hacking or links to such information.   

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 Floyd Innovations servers; and (iv) ensure the confidentiality of Your password. Floyd Innovations' servers are not an archive and Floyd Innovations shall have no liability to You or any other person for loss, damage or destruction of any of Your content.  In the event You terminate, moving your web site off of the Floyd Innovations servers is Your responsibility. Floyd Innovations will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Floyd Innovations will not transfer or manage Your Services or Your website content.

Last updated: Friday, May 23, 2008

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