ComCity STANDARD TERMS & CONDITIONS
("The Agreement")

As our "Customer", you and/or your company agree to the following:

GENERAL TERMS:  Payments for advertising and web hosting are due in advance.  Web site design/programming contracts require a minimum 50% upfront payment of set-up services and the balance of all fees are due upon completion even if the contract is cancelled.  Set-up fees and upfront payments are not subject to refund if a contract is cancelled unless ComCity so deems.   All Web hosting service and advertising terms automatically renew upon expiration unless prior written notice (must be by fax or US Mail) of cancellation is received by our office 30 days prior to the date of renewal.

Expiration: All proposals expire 30 days after receipt unless stated otherwise or signed by both parties. ComCity bills 2-3 days before the preceeding month for any services within 45 days of expiration, and Terms are Net 0 from the effective start date.  Web site design set-up fees are non-refundable even if the contract is cancelled.  Requests for refund or any other billing dispute requests must be delivered in writing by the US Post Office.  Cancellations of service requires written notice delivered by US Post Office or Fax machine (you must retain your fax record as receipt).

Attorney’s Fees: Your company agrees to pay reasonable attorney fees and any other reasonable fees required to enforce and defend all terms and conditions of this contract and any other agreement or policy of ComCity. In addition, your company agrees to reimburse ComCity any amounts made on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract.

Privacy and defamatory content: Your company also warrants and represents that icons, graphics, images, company names, and other information which you prescribe to be placed on your web advertisement will not (i) violate any international, federal, state or local law or regulation; (ii) in any way violate or infringe upon any party’s privacy right, right of publicity, or an other right of any person or entity; (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory. In cases where you violate this, your company agrees to indemnify ComCity against third party suits.  ComCity  makes no warranties, expressed or implied, regarding content seen or not seen by the public and expressly disclaims responsibility for such content to which you are sorely responsible for deleting, removing or adding from the server and of which you have control of.  If you do not have control of the content on your web site, you must provide ComCity 30 days written notice delivered by certified mail via the US post office of this and give us adequate notice of what you wish to do with the content.  A simple service cancellation is not adequate notice of a content problem.

Right to Remove: Your company also acknowledges and agrees that ComCity can suspend or remove, at any time, if; (i) ComCity has not received all fees relating to the payment of services rendered; and (ii) ComCity believes, in its sole discretion that advertisements and/or services are in violation of any section of this agreement.

Intellectual Property Rights: Your company agrees that ComCity reserves all Intellectual property rights on web programming, and web customization that we perform for your company including original copyright rights and trademark rights for our source code, scripts and any original graphic designs that we perform on your behalf or for you as part of any contract or agreement.  You are granted a limited license and right to use only and are governed by our Software License Agreement and EULA which you may request a copy of at any time.

Disclaimer: Your company agrees that ComCity does not guarantee the effectiveness of your web advertisement, web pages, web hosting, or the effectiveness of your web banner advertisement and we expressly disclaim and excludes all express warranties and implied warranties of merchantability and fitness for a particular purpose. ComCity cannot guarantee impression rates or click-through rates.

Non-Payment of Fees: Your company also acknowledges and agrees that ComCity can suspend or remove advertisements and web pages if; (i) ComCity has not received all fees relating to the payment of services rendered; and (ii) ComCity believes, in its sole discretion that such advertisements and services are in violation of any of the terms of this agreement. Your company further acknowledges and agrees that ComCity is not responsible for and cannot control the content of email messages or fax messages sent to Customers by third parties who access your web page.

Returned Checks: A returned check charge of $25.00 will be incurred for all returned checks or returned credit card charges.

Interruptions in Service: ComCity is not liable for any errors or interruption in service, whether within or outside of ComCity’s reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by ComCity or by third-party providers, or because of other causes either within or outside of our control.  If ComCity is found to be liable by an outside agency or through legal relief, you agree that the maximum amount of liability for such finding is limited to the refund of payment made on behalf of those services.  ComCity can never be found liable for any consequential damages that may or may not arise out of an interruption in service whether by fault of ComCity or by fault of another within ComCity's control. 

DownTime: ComCity will use its commercially reasonable efforts to avoid Downtime for 99% of the hours as an average calculated over each calendar year.  If customer is unable to transmit and receive information from the Network to other portions of the Internet because of ComCity's failure to provide Network access services ("DownTime") for more than four (4) continous hours, then ComCity will credit customer's account for future services based on the pro-rata fees for the continuous duration of such downtime; provided that all such credits will not exceed an aggregate maximum credit of bandwidth fees otherwise due from customer for one (1) calendar month for failures in any one (1) calendar month.  For purposes of the foregoing, "unable to transmit and receive" shall mean sustained packet loss in excess of fifty percent (50%) based on ComCity measurements.  Customer must notify ComCity within three (3) business days in writing from the time customer becomes eligible to receive this credit with network traceroutes to demonstrate failures.  Failure to comply with this requirement will forfeit customer's right to receive such a credit. 

Password Protection: Customer is responsible for protecting Customer’s password and for any authorized or unauthorized use made of Customers’ password. Customer will not use or permit anyone to use ComCity’s service to guess passwords or to access other systems or networks with authorization. ComCity will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.  If customer loses their password or username, they must request a new password in writing on company letterhead using our prescribed procedures so that we may keep this information in confidence.

Internet Etiquette: Customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). Customer will comply with the rules appropriate to any network to which ComCity may provide access. Customer should not post, transmit, or permit Internet access to information Customer desires to keep confidential. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against ComCity by offended users. ComCity reserves the right to refuse or terminate service at any time. Customer will indemnify ComCity and hold ComCity harmless from any damage to ComCity’s business, service, equipment, network, operations, or reputation resulting from Customer’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Consent to Jurisdiction: If any disputes arise or if litigation is required to enforce any part of this contract, your company agrees that such disputes will be resolved in accordance with the laws of the state of Texas and the venue of resolution is deemed as the county of Travis in the state of Texas.

Late Payments: ComCity services are due and payable in advance and will bill for services up to 45 days in advance. All payments are due and payable within 0 days of notice by written invoice delivered by standard US post office mail. You and your company agree to pay a late penalty fee equal to 1.5% of the monthly amount due for each month or partial month, or the highest rate allowed by applicable law, on the unpaid balance for any amounts which exceed 30 days. Unless we receive advanced payment, ComCity reserves the right to terminate service without any further warning or notice. Your company also agrees to pay additional late fees according to the following schedule:

Responsibilities- ComCity makes no warranties, expressed or implied, regarding services provided. ComCity is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service interruptions and/or delays in service, or third party litigation.  You expressly agree to hold ComCity harmless for all incidental or consequential damages they may result from any temporary or long term service interruptions whether they are a fault of ComCity or our suppliers.  You agree that you are completely responsible for maintaining a backup of your website content at all times and that ComCity does not provide any data backup services.  ComCity's backup capabilities are strictly to maintain a "fail-over" or "recovery" mode data backup.  If you need ComCity to search for and recover older or backed up data from our archives, we charge a fee of $250 simply to search for whether the data is backed up and serviceable.  If we can find a backup, we charge $200/hour with a minimum fee of $750 to restore the data which we do not guarantee is current to your liking.   

Billing Disputes: All billing disputes, with ComCity, must be received at our business office, in writing, and the obligation to pay for service will continue until such notice is received or until the contract is fulfilled whichever is later.  Written notice must be received by the US post office and because e-mail or electronic mail is not currently deemed 100% reliability, e-mail or verbal notice does not constitute formal written notice.  Termination of your service does not constitute relief from amounts incurred prior to termination. Agreements or contracts not on a monthly basis (yearly, quarterly, etc...) can only be cancelled in writing delivered to us by US post office or by fax (please return your fax record as receipt), but the subscriber will be obligated to pay any and all fees until termination of the contract is finalized.

SPAM Policy: The transmission of any type of material, whether graphical or textual in content, to other subscribers or non-subscribers without their express consent or previous solicitation is prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate termination. Your company further acknowledges and agrees that ComCity is not responsible for and cannot control the content of email messages or fax messages sent to Customers by third parties who access your web page.

Modification of Terms- ComCity reserves the right to change or modify the terms and/or conditions, rates and/or services at any time. Such changes, modifications or additions shall be effective immediately upon written or electronic notification or when made publicly available on its website at http://www.comcity.com/policy-yes.htm. Any continued use of ComCity services, by the subscriber, after such notice, constitutes implied acceptance of the same. Neither party may specify there are additional terms of this contract, beyond that currently delineated herein, either as modifications or additions, unless both party initials and dates those additional modifications.  Any terms, modifications or changes to this contract which do no contain the initials and dates of both parties may not be held enforceable.

Force Majeure - Neither party will be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, lack of Internet Access or any other reasons commonly known as Force Majeure.

Direct Work – Client and customer agrees not to work, directly or indirectly, with any person or entity (or referral from same) that has ever been an employee, contractor, or agent of ComCity, for a period of two years from the termination or conclusion of this contract, without the express written agreement of ComCity.

Refusal of an Order – ComCity reserves the right to refuse an order or refuse to provide service to any company, person or entity at any time.

Refund Processing – You agree to allow at least 60 days for the processing of any refunds or credits.

Hosting Refunds – Refund requests may be processed on initial hosting terms ONLY if they are received within 60 days of a new hosting account activation.  Such requests are treated as a breaking of the original contract, therefore, forfeiting any and all discounted pricing associated with the term offer. ComCity will make adjustments as follows:

1.       The hosting account bounces to the month-to-month rate for the package original signed up for.  The account is subjected to a normal $50 set-up fee if the hosting is terminated within 90 days for the initial hosting order date.  And unused hosting after the above fees are applied, is credited back to the client.

2.       Note:  There are NO refunds on hosting contract renewals.