WHEREAS, Customer seeks to utilize Dogstop for its own purposes;
WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;
WHEREAS, Dogstop is a web design and web hosting company specializing in the support of the dog community;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

1. Customer agrees to a contract of the terms specified below. Charges or fees not specified below will be in accordance with the current Dogstop services pricing schedule.
   Non-refundable setup charge:$__
   Service fees (monthly or annual):$____ per __
2. All payments for the term of service are due at the start of service.
3. All payment periods will begin on the first of the month. When service commences prior to or on the 15th of the month, the first payment period will be the 1st of the same month. When service commences on the 16th of the month or later, the first payment period will be the 1st day of the following month. Service commences when web page(s) for the customer are available at the Dogstop web site.
4. This agreement will automatically renew for successive periods of the original length of the contract until cancelled or modified in writing. Customer will receive an invoice for charges and payment is due upon receipt.
5. All prices are subject to change at any time.

II. Taxes:

Dogstop shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Dogstop.  Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products for Web Design:

1. Customer will provide Dogstop with material and data needed to design the Customer’s web page(s). Examples include photographs and recommended text that will make up the content of the Customer’s web pages. Dogstop will create the web page(s) based on these materials and will provide design recommendations for final approval by the Customer.
2. Customer agrees to pay costs for shipping any materials (such as photographs) to Dogstop plus shipping and handling fees for the return of materials.
3. In the event that web design material provided by the Customer is not appropriate, Dogstop may, at its option and at any time, reject the material, including but not limited to after it has been put on the Dogstop website.  Dogstop agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Dogstop. Dogstop reserves the right to immediately remove the inappropriate material from the Dogstop website until the matter is resolved. Inappropriate materials are those that fail to meet the guidelines of Section X. Lawful Purpose of this contract.

IV. Trademarks & Copyrights:

Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software:

The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Dogstop website.  Dogstop makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Dogstop service.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Dogstop may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Dogstop.  All messages transmitted via Dogstop should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be faxed or mailed.  Dogstop will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, Dogstop may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment.   Dogstop reserves the right to charge a reinstatement fee, which will normally be the setup charge for a basic web site. In the event of termination of this contract, monthly term Customers will receive no refunds of any type while annual term Customers will receive a prorated refund consisting of the difference between their paid annual fee and the number of months of provided service times the normal monthly fee at the time of termination. In all cases for refund calculations, service fees will cease at the end of the calendar month when service is terminated.

IX. Limited Liability:

1. Customer expressly agrees that use of Dogstop is at Customer's sole risk. Neither Dogstop, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, guarantee that service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Dogstop service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Dogstop, its offices, agents or any one else involved in creating, producing or distributing Dogstop service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Dogstop service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Dogstop records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Dogstop service.
3. Dogstop makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Dogstop also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Dogstop. Use of any information obtained by way of Dogstop is at the Customer's own risk, and Dogstop specifically denies any responsibility for the accuracy or quality of information obtained through its services. Dogstop expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Dogstop specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
4. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:

Customer may only use Dogstop for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XI. Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Dogstop harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Dogstop, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Dogstop against Liabilities arising out of any injury to person or property caused by (i) any products sold or otherwise distributed in connection with Dogstop; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on Dogstop.

XII. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer upon renewal of Dogstop services as specified in Section I. Financial Arrangements.

XIII. Transfer:

Customer may not transfer this agreement.

 

This Contract constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services. This Agreement shall be governed and construed in accordance with the laws of the State of Texas.