HomeWebs.com CompBiz EZWeb(sm) HOSTING AGREEMENT
1. The Service Agent. HomeWebs.com and/or CompBiz, Inc.,
the developer of the EZWeb(sm) Community Admin and Site Builder systems is defined in this
agreement as the "Service Agent" and provides the internet online tools and the EZWeb(sm)
software for subscribers to develop a web site, the "Service." The Service is provided by
the "Service Agent" to you, "as is." The specific features of the Service depend on the
level of Service you select. You are responsible for providing and maintaining all
computer equipment and software necessary to access the Service. The Service Agent intends
to make the Service available 24 hours per day, seven days per week, but the Service Agent
may in its discretion and without notice limit the availability of the Service for
maintenance or other necessary activities. The Service Agent makes no representation or
warranty that the Service will be uninterrupted. This Agreement grants you a license to use
the Service to develop your web site. Nothing in this Agreement grants or transfers to you
any ownership rights in the Service, including the software and other intellectual property
rights related thereto. The Service Agent uses its best efforts to maintain the Service
but is not responsible for the results of any defects that exist in the Service, or any
resulting lost profits or other consequential damages. You should not assume that the Service
or its content is error-free or that it will be suitable for the particular purpose that
you have in mind when using it. 1. (a). Service Support. You must abide by any policies
posted by the Service Agent. The Service Agent may offer free or subscription fee based
customer support from time to time, but is under no obligation to do so. You understand that
the Service Agent provides no assistance, including the review, removal or editing of
content posted on the Service.
2. Payment. The Service Agent intends to offer Service as is and free of charge to
qualifying organizations and fund such Service via advertising in the form of Banner Ad
placement and other forms of Internet based advertising such as online coupons and business
listings. You agree that the Service Agent reserves the exclusive right to insert sponsor
advertising for the purpose of funding free Service provided. Service Agent may grant rights
to you or an authorized organization to insert advertising such as online coupons, banner
advertising, and business listings only if authorized in writing and signed by an authorized
representative of Service Agent. Otherwise, for access to and use of the Service, you agree
to pay $25 USD monthly in advance for 12 months ($300 annually) for the level of Service you
select in lieu of accepting displayed sponsor Advertising. If you decline free web site
Service and request that no sponsor advertising be displayed on your web site, and would
like to purchase Service at the basic subscription rate, please write support@HomeWebs.
com and request that you would like to purchase Service without
displaying sponsor advertising, and have a representative of HomeWebs.
com contact you to arrange Service payment. If you decline free
Service and choose to pay for Service access, the Basic Subscription Fee of $25 monthly
will be charged whether you use the Service or not. The Service Agent may increase the
optional subscription access fees for the Service upon 30 days notice. You are responsible
for any taxes, including personal property taxes or sales taxes, resulting from your use of
the Service. All past due amounts will bear interest at the rate of 1% per month until paid
in full. If payment is made by credit card and the Service Agent does not receive payment
from the card issuer, you agree to pay the Service Agent all amounts due upon demand. You
agree to pay all attorney and collection fees arising from the Service Agents efforts to
collect any past due amounts from you.
3. Customer's Responsibilities. You may only use the Service for legal purposes. You agree
to comply with the Acceptable Use Policy attached to this Agreement and all applicable
laws and regulations, including, but not limited to, those related to pornography,
obscenity, copyright, trademark, other intellectual property rights, data privacy,
international communications, import and export of data and tax laws and regulations.
Otherwise, you are solely responsible for any content contained on your Web site. You may
not resell, re-market, or otherwise redistribute the Service or any portion thereof or offer
Service to others for the creation of Web sites using the Service without written permission
of the Service Agent. You agree to notify the Service Agent promptly if you suspect
unauthorized use of your Service account. Until you notify the Service Agent, you remain
responsible for such unauthorized use. Unless under separate written agreement signed and
dated by authorized representatives of Service Agent, you agree that you are responsible for
reviewing any updates or revisions to the HomeWebs.com CompBiz
EZWeb(sm) Hosting Agreement that are made by the Service Agent from time to time and
published on the main HomeWebs.com web site, and agree to
such revisions or updates as an extension of your agreement with the Service Agent. You
further agree to notify the Service Agent immediately in the event you become subject to
any order that would prohibit or limit your use of the Service. Additionally, you may not
use the Service to collect or harvest personal information, including Internet addresses,
about the Service Agent users. Unless otherwise agreed upon in writing signed and dated by
an authorized representative of the Service Agent, you understand the Service Agent has the
exclusive right to solicit and charge for advertising and sponsoring space in the web site
Service and/or insert web pages, and the Service Agent will retain all payments for such
charges as compensation for free web site Service. Unless otherwise agreed upon in writing
signed and dated by an authorized representative of the Service Agent, you understand that
you authorize the Service Agent to endorse and deposit to our bank account all checks,
drafts, and money orders made payable to your agreement herein for free web site Service in
payment for advertising or sponsoring space.
4. Termination. The Service Agent may at any time and without advance notice modify or
restrict your use of the Service if the Service Agent determines in its sole discretion
that your use of the Service violates the Acceptable Use Policy, any laws or regulations,
any intellectual property rights of the Service Agent or a third party, or any export or
import regulations, is disruptive or causes a malfunction of the Service. If you do not
correct the violation within 24 hours thereafter, the Service Agent may terminate this
Agreement. The Service Agent may terminate this Agreement immediately for any other breach
of this Agreement if you fail to cure the breach within the 24 hour period. The Service
Agent may otherwise terminate this Agreement for any reason or no reason on ten days
notice. You may terminate this Agreement for any reason at any time by following the
instructions for terminating your subscription on the CompBiz EZWeb(sm) Hosting Agreement
by e-mail or in writing.
5. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the
Service terminate immediately. If you decline free web site service, you remain liable for
the full monthly charge for the month during which your Service is suspended or terminated
and for any usage based fees. If this Agreement is terminated by the Service Agent, you
agree not to reregister for or otherwise access the Service without the Service Agents
prior written approval. The Service Agent may delete any data files associated with your use
of the Service upon termination of this Agreement.
6. Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET
FORTH HEREIN, the Service Agent MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED
CONCERNING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF the SERVICE. You are
entirely responsible for and assume all risk for use of the Service. The Service Agent does
not warrant that the Service is error-free or will operate uninterrupted. You should not use
the Service in high-risk activities where substantial damage could result if an error
occurred. The Service Agent does not warrant or represent that its security procedures will
prevent the loss of or improper access to your data. The Service Agent is not responsible for
transmission errors or corruption or security of information carried over telecommunication
lines, wireless or via satellite telecommunication systems.
7. Limitation of Liability. Your sole right and exclusive remedy for breach of this
Agreement by the Service Agent or if you are dissatisfied for any reason with the Service
is to terminate this Agreement as provided herein. IN NO EVENT IS the Service Agent LIABLE
TO YOU OR ANY THIRD PARTY USING YOUR ACCOUNT FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES
INCURRED IN CONNECTION WITH OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE OR
ANY BREACH OF THIS AGREEMENT BY the Service Agent, REGARDLESS OF THE FORM OF ACTION AND EVEN
IF the Service Agent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND the Service Agent LIABILITY IN THOSE JURISDICTIONS IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
8. Indemnity. You agree to defend, indemnify, and hold the Service Agent harmless, from any
and all claims, liabilities, costs and expenses, including reasonable attorney's fees,
related to or arising from your use of the Service, including the content of your web site
or any information contained therein.
9. General Terms. You understand the Service Agent reserves the right to periodically
review and make changes to this Agreement and/or the Acceptable Use policy hereto attached.
Unless otherwise agreed upon in writing signed and dated by an authorized representative of
the Service Agent, you are responsible for knowing of any and all changes made by the
Service Agent to this agreement by periodically reading the Agreement as published on the
Service Agent web site (http://www.compbiz.net, and/or http://www.
HomeWebs.com/). Any changes not published on the Internet
sites referenced herein to this Agreement must be in writing signed by both the Service
Agent and you. Your rights and obligations under this Agreement may not be assigned or
transferred without written permission of the Service Agent. If any provision of this
Agreement is determined to be invalid, all other provisions will remain in force. This
Agreement is governed by the laws of Florida. Notice or other communication between you and
the Service Agent may be given by conventional first-class mail or by e-mail. An electronic
communication appearing to be from the e-mail address you supply to the Service Agent
establishes you as its originator and has the same effect as a document with your written
signature on it.
HomeWebs.com CompBiz EZWeb(sm) ACCEPTABLE USE POLICY
The Service Agent reserves the right in its sole discretion to remove any content for any
reason, including but not limited to, your violation of any laws, the terms and conditions
of the Agreement for HomeWebs.com CompBiz EZWeb(sm) HOSTING
AGREEMENT or this Acceptable Use Policy. The Acceptable Use Policy below describes certain
actions relating to the content and operation of your web site, which the Service Agent
considers to be inappropriate and thus prohibited. The examples named in this list are in
addition to the content identified in the Agreement and are provided solely for your guidance.
If you are unsure whether any contemplated use or action is permitted, please contact the
Service Agent.
Actions in which the Service Agent considers inappropriate include, but are not limited to,
(A) using the Service to sell any products or services that are unlawful in the location at
which the content is posted or received;
(B) using the Service to post any content of the nature set forth in 47 U.S.C. §230(c)(2)(A)
(i.e., material that is obscene, lewd, lascivious, pornographic, contains nudity or sexual
acts, filthy, excessively violent, harassing or otherwise objectionable);
(C) using the Service to post any content that advocates, promotes or otherwise encourages
violence against any governments, organizations, groups or individuals or which provides
instruction, information or assistance in causing or carrying out such violence;
(D) using the Service to post any content that holds the Service Agent (including its
affiliates), employees or shareholders up to public scorn or ridicule;
(E) using the Service to post any content that violates any copyrights, patents, trademarks,
trade secrets, or other intellectual property rights of others;
(F) failing to obtain all required permissions when using the Service to receive, upload,
download, display, distribute, or execute programs or perform other works protected by
intellectual property laws including copyright and patent laws;
(G) deleting or altering author attributes or copyright notices, unless expressly permitted
in writing by the author or owner;
(H) using the Service in a torturous manner, including the posting of libelous, defamatory,
scandalous, threatening, harassing or private information without the permission of the
person(s) involved, or posting content that is likely to cause emotional distress; or
(I) introducing viruses, worms, Trojan horses, or other harmful code on the Internet.
Unless otherwise agreed upon in writing signed and dated by an authorized representative of
the Service Agent, this agreement is subject to change. It is the responsibility of the
user to be aware of the current state of this agreement and remain in compliance with the
terms thereof.
Usage Agreement 
1) 