Our Terms of Service (TOS) and, if applicable, our Acceptable Use Policy (AUP) represent the complete Agreement and Understanding between Manviller Web Services (MWS), and the Client. This TOS explains our obligations to the Client, and explains the Client's obligations to MWS for various services. The AUP is a separate document from this.

Manviller Web Services requires that its Agreements be made with a person who is qualified to contract. As a Client you must be eighteen (18) years of age or older.

Modification to Terms of Service:
MWS reserves the right to modify the TOS periodically, for any reason, and without notice. Please review this TOS every so often so you will be apprised of any changes made. Client agrees that, during the period of this Agreement, we may revise the TOS; and change the services provided under this TOS. Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on our web site.

MWS has the right to discontinue service, or deny access to anyone who violates our Policies or the TOS as shown below, without prior notice or warning. Refunds of fees paid will not be made if the Client's account is closed due to violation of our Policies or the TOS.

Privacy:
It is our policy that we will not share personal Client information (either current or former) outside of MWS and/or any subsidiary of MWS for any purpose other than conduct of Client's business unless the disclosure has been authorized by the Client or is permitted or required by law.

Information:
As part of the signing up process, Client is required to provide MWS with certain information and to update us promptly as such information changes so that our records are current, complete and accurate. We will be delivering time-sensitive information such as monthly invoicing, special news and announcements, network upgrades etc. to the e-mail address Client provides. Client should keep this in mind when determining which e-mail address they offer as a contact point. Client is obliged to provide us the following information:

Changes in e-mail address
Change of payment method
Change of address
Change of phone number
Change of ownership of account
Change of credit card number (not applicable for payments through PayPal)
Change of banking information (not applicable for payments through PayPal)
Change of credit card expiration date (not applicable for payments through PayPal)

Warranties by MWS:
MWS represents and warrants to Client that it has the experience and ability to perform the services required by this Contract; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Contract; and that its performance of this Contract shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.

30 day Money Back Guarantee:
Our service includes a 30 day money back guarantee. To receive a refund you must request a cancellation within 30 days of your original date. In the event your request is received after 30 days, a refund will not be issued. All credits will be issued within 30 days of cancellation and refund request. Exceptions are as follows:

Domain name registrations are not refundable
Account add-ons are not refundable
Bandwidth overages are not refundable
Miscellaneous billable support is not refundable
Third party hardware, software, or service is not refundable

If the Client's account has been cancelled due to a breach of our Agreement, Client will not be eligible for a refund.

99.9% Uptime Guarantee:
Service Level Warranty. In the event Client experiences any of the following and MWS determines in its reasonable judgment that such inability was caused by MWS's failure to provide Internet Data Center Services for reasons within MWS's reasonable control and not as a result of any action or inaction of Client or any third parties (including Client equipment and/or third party equipment), MWS will, upon Client's request, credit Client's account as described below:

A. Inability to Access the Internet (Downtime). If Client is unable to transmit and receive information from MWS's Internet Data Centers (i.e., MWS's LAN and WAN) to other portions of the Internet because MWS failed to provide Internet Data Center Services for more than fifteen (15) consecutive minutes, MWS will credit Client's account the pro-rata MWS connectivity charges. (i.e., only bandwidth related charges are eligible for credit. Credits are based in proportion, according to a factor that can be calculated exactly to said downtime)

NOTE: Client Must Request Credit. To receive any applicable credits, Client must notify MWS Customer Service at billing@manvillerwebservice.com within two (2) business days from the time Client becomes eligible to receive a credit or forfeit their right to receive a credit. Client must include their full name, user name, website or server number, and the dates and times of the unavailability. MWS will contact Client to review the status of the credit request and to determine the applicable credit, if any, due to Client. Credits will typically be applied within 30 days of request. Credits will only be applied to accounts in good standing. If the Client's account is past due, the account will be ineligible for a credit.

B. Remedies Not Cumulative - Maximum Credit. In the event that Client is entitled to multiple credits arising from the same event, such credits shall not be cumulative. Client shall be entitled to receive only the maximum single credit available for such event. In no event will MWS be required to credit Client in any one (1) calendar month MWS connectivity charges in excess of seven (7) days of Service. A credit shall be applied only to the month in which the incident took place. Client shall not be eligible to receive any credits for periods during which Client received any Service free of charge.

Restrictions:
Credits will not be provided to Client in the event that you have any outage resulting from:

1. Third party services
2. Failure of your equipment or applications
3. Scheduled server and network maintenance
4. Off-network Internet traffic
5. DNS Propagation
6. Domain registration or transfer failure
7. Failure to comply with MWS's TOS and/or AUP
8. Third party software or scripts
9. Circumstances beyond MWS's control including, but not limited to, acts of nature, terrorism, fire, flood, sabotage, strike, acts of any governmental body and war.

Independent Contractor:
MWS acknowledges that the services rendered under this Contract shall be solely as an independent contractor. Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction. MWS shall not enter into any contract or commitment on behalf of Client. MWS further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits. It is expressly understood that this undertaking is not a joint venture and that MWS is not responsible for any failure of the undertaking to succeed to Client's expectations. Success or failure of the Client's business or undertaking is the sole responsibility of the Client.

Account Add-ons:
Recurring add-on charges are payable with your normal recurring billing.

Program Scripts:
The Client is allowed to install program scripts on their hosting account, however we reserve the right to disable any script, without warning, that causes a server or network to become dysfunctional.

Bandwidth Usage:
Web Statistics update on a daily basis. Client's website statistics allow them to view their bandwidth history, and up to the minute referrers via their control panel. Client's username and password is the same that they chose in their original sign-up. MWS will not be responsible for monitoring Client's usage. We encourage our Clients to check their stats frequently so they are aware of their bandwidth usage. It is up to the Client to be aware of their website traffic by utilizing the web statistics tools we provide. Any usage over Client's allotted bandwidth plan will be subject to overage charges. Bandwidth overage fees are charged at a flat rate of $1.50 per gigabit.

Modifications to Client's account:
To change any of Client's account information, Client must submit their user name and password that they selected when opening their account. Client must protect their user name and password from unauthorized use. In no event will MWS be liable for the unauthorized use or misuse of Client's user name and password. For these and other reasons telephone calls are not an acceptable method of account modification. Modifications must be made by Email, postal mail or submitting a support request from the MWS web site.

Plan Upgrades:
It is the Client's responsibility to be aware of their hosting plan. MWS does not monitor what plan may be best suited for Client's needs. If Client would like to upgrade to a new hosting plan they must put in an upgrade request to Sales from the Contact Center requesting a new plan. Upgrades to Client's hosting plan must be made no less than 3 business days prior to the new billing period.

Plan upgrade requests received after the billing period begins will not take effect until the next billing period and any overage charges over current plan will be applied.

Plan Downgrades:
It is the Client's responsibility to be aware of their hosting plan. MWS does not monitor what plan may be best suited for Client's needs. If Client would like to downgrade to a new hosting plan they must put in a downgrade request to Sales from the Contact Center requesting a new plan. Downgrades to Client's hosting plan must be made no less than 3 business days prior to the new billing period. Downgrading is free for one (1) time and $10 each time thereafter...

Plan downgrade requests received after the billing period begins will not take effect until the next billing period, therefore no portion of your hosting plan will be refundable.

Service Term:
All services and accounts are based on a month to month contract unless otherwise noted.

Billing Period:
All services and accounts are based on one or more of three different payment formats; A month to month recurring prepay basis, A 50% deposit / 50% balance basis, or directly purchased at the time they are desired (unless otherwise noted). Our recurring billing periods run from month to month on the date of first purchase. For the 50% deposit / 50% balance payment basis, work is begun after payment of deposit and finished work is delivered after payment of balance. Directly purchased services are paid at the time of purchase, work is performed afterwards. MWS reserves the right to change monthly fees, additional costs, billing methods, or any other area of Service it deems necessary at any time, for any reason. Either Party may, at its sole discretion, terminate the Client's account at any time without refund for any remaining portion of the monthly fee.

Unrestricted Bandwidth allows Client's website the ability to exceed the amount of bandwidth in any given hosting plan. However, if Client exceeds more than 100% of their hosting plan they will receive an Email requiring them to make an additional monthly deposit to their account by credit card. Failure to make payment within 48 hours of notice may result in account suspension.

Fees:
Client agrees to pay all fees incurred by their due date(s) following execution of this Agreement, together with any additional charges, costs, assessments, and overages under the terms hereof. If payment of fees is not posted to the Client's account within 3 days of the due date, the Client's service is subject to suspension without prior notice or warning. If payment of fees is not posted to the Client's account within 5 days of the due date, the Client's service is subject to termination without prior notice or warning. Client agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. As further consideration for the Services, Client agrees to provide certain current, complete and accurate information about themselves as required by signing-up for any Service(s) and to maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the Services sign-up form Client represents that the statements are complete and true.

Payment Methods:
Payments must be made in United States Dollars (USD) and received by their date due. We accept Visa, MasterCard, American Express, Discover, and Bank Transfers through PayPal (fees may apply). Payment by Check or Money order is also accepted.

Checks and Money Orders:
All payments are due on their due date. First payments made by check or money order must clear our bank before any work will be started. Subsequent payments by check or money order need not clear our bank prior to continuing work. Make checks and money orders payable to Michael Manviller and mail payment to:

Manviller Web Services
8362 Atlanta Ave. Suite #C
Huntington Beach, CA 92646

Credit Card Payments:
By submitting Client's credit card information Client agrees to allow MWS to charge their credit card for any charges relating to their account. Client also agrees that they will not charge-back any amount to their credit card, rather they shall request a refund or credit directly from MWS.

If Client is due a refund or credit, Client should Email Billing at mwsbilling@manvillerwebservice.com with their full name, user name and reason for credit request.

PayPal:
A 2.9% service fee may be applied to PayPal payments and carried over to Client's next invoice. An additional 1% international border handling fee may be charged for payments outside of the United States.

Returned Checks or Stopped Checks/Money Orders:
Returned checks or stopped checks/money orders will be subject to a $25 service charge. Any future payments will be required to be made by credit card or money order. Failure to do so will result in account termination.

Cancellation of Accounts and Services:
All accounts and services are to remain in full force and effect until MWS has received notification no less than 3 business days prior to the next billing due date, so as to afford MWS a reasonable opportunity to act on it.

Please Note: If Client's account cancellation is not received 3 days before the new billing period Client will not be entitled to any refund of charges, including prorated charges.

Please Note: For security and authentication purposes, phone and e-mail requests are not an acceptable method of cancellation. To cancel the account Client must use our online Service Request form.

Network Security:
Client agrees that their use of our services is solely at their own risk. Client agrees that such Service(s) is provided on an "as is," "as available" basis. MWS expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MWS makes no warranty that the Services will meet client's requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by MWS.

MWS will take all necessary precautions to protect against failure of our equipment and software. Client acknowledges and agrees that temporary interruptions in service may occur, and that MWS shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers. Client acknowledges and agrees that data may be lost or corrupted in connection with use of the service. MWS may perform regular back-ups of all data stored on behalf of Client, but shall have no liability to Client in the event all data is lost or destroyed. Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.

E-commerce:
Client will be responsible for all content and transactions related to their on-line store including, but not limited to credit card transactions, fulfillment of orders, and calculation of sales tax, confidentiality and security of their customers.

Confidentiality:
MWS and Client recognize and acknowledge that this Contract creates a confidential relationship between MWS and Client and that information concerning MWS's or Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning MWS or Client is hereinafter collectively referred to as "Confidential Information."

Non-Disclosure:
MWS and Client agree that, except as directed by MWS or Client, they will not at any time during or after the term of this Contract disclose any Confidential Information to any person whatsoever and that upon the termination of this Contract MWS will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client's business. MWS further agrees to bind any subcontractors to the terms and conditions of this Contract.

Grant:
MWS agrees that its work product produced in the performance of this Contract shall remain the exclusive property of Client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Client's prior written consent. Any rights granted to MWS under this Contract shall not affect Client's exclusive ownership of the work product.

Indemnity:
Client agrees to release, indemnify, and hold MWS harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or Client's use of the Services, including without limitation infringement by Client, or someone else using the Service with Client's computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. Client also agrees to release, indemnify and hold MWS harmless pursuant to the terms and conditions contained in the Acceptable Use Policy. When MWS is threatened with suit by a third party, we may seek written assurances from Client concerning their promise to indemnify MWS; Client's failure to provide those assurances may be considered by MWS to be a breach of their Agreement and may result in deactivation of Client's website(s).

Breach:
In the event that the Client has not complied with the any part of the TOS and/or our AUP, or breaches the Agreement via nonpayment of any fees due, MWS reserves the right to hold any and all Client equipment, alter access to the service, or to terminate the service, without notice to, or authority from the Client, and may refuse any refund due to the Client.

Governing Law:
This Contract shall be construed and enforced in accordance with the laws of the State of California, USA. Client irrevocably consents to bring any action to enforce this Contract before a court of competent jurisdiction in Orange County, California, USA.

If any part of this Contract is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Contract shall continue in effect.