HOASiteBuilder provides the client with a templated web site service. Client may use the developed web site for any use within the laws of the applicable state. Any illegal use of a web site will result in immediate termination and removal of that web site from the HOASiteBuilder Internet Servers. HOASiteBuilder cannot be held liable for the success or failure of a web site created by HOASiteBuilder or any employee associated with HOASiteBuilder. Client may not use, represent, or copy any materials produced, copyrighted or licensed by HOASiteBuilder. Furthermore, Client agrees that HOASiteBuilder retains any and all ownership rights to the technology used to create, maintain and host clients web site such as, but not limited to all programs, scripts (This includes the HOASiteBuilder Interface), data, systems and materials in any form that is used by HOASiteBuilder in the creation and updating of clients web site. The client may forfeit the web site and any funds paid for the web site if any of the above said is violated. HOASiteBuilder reserves the right to reject, delete, or shut down any web site that is not deemed appropriate to the staff of HOASiteBuilder. HOASiteBuilder is not responsible for the loss of any business or web site access due to the termination of a clients web site for non-payment of invoices owed to HOASiteBuilder. Any requested updates to a web site outside the scope of the service that we have outlined, are billed at $75.00 per hour.

Payment Terms: Payment for HOASiteBuilder services is billed on a per month or annual basis. For monthly billing, Client is expected to maintain a current (valid) Visa or Mastercard on file with HOASiteBuilder that will be billed automatically each month for payment of clients monthly service fee. Client acknowledges and agrees to their credit card being billed by HOASiteBuilder each month. Non-payment of amount due or a declined credit card will result in HOASiteBuilder contacting Client and notifying them of the declined credit card. The Client then has 7 days to provide a new credit card for billing or the account will be suspended. If after 30 days the declined credit card has not been resolved, HOASiteBuilder can terminate the contract all web services will be shut down. For annual billing, Client may pay by check or credit the full amount due for 12 months. If paid by check, Client has 30 days from date of service to pay the annual fee or their account will be suspended until payment is received in full from Client.

Order Placement: Orders are placed via the HOASiteBuilder web site. Web sites are normally set up and ready for client to start using within a 24 to 48 hour period. HOASiteBuilder will set up the templated service for client and give client a "blank" or "empty" web site. The client can at this time begin creating their site. HOASiteBuilder is not responsible for creating any content on any client web sites. Client agrees to maintain the HOASiteBuilder service for at least 90 days (3 billing cycles) or pay an early termination fee of $75.00.

Warranties and Representations HOASiteBuilder warrants and represents that the Web site will appropriately conform to and operate in accordance with specifications set forth in the completed online order form. If HOASiteBuilder is made aware of non-conformity of the above said, HOASiteBuilder will make every reasonable effort to rectify the situation so the clients web site substantially conforms to and operates in accordance with such specifications. The client understands that the general reliability of the Internet may be controlled by situations beyond the immediate control of HOASiteBuilder. Due to this, it is impossible for HOASiteBuilder to Guarantee that the service of HOASiteBuilder will be uninterrupted, for client or public access, for the use of HOASiteBuilder services, or to access a client web site information and or products at all times without error.

The warranties and representations set forth in this article are the only warranties provided by HOASiteBuilder with respect to the services or information provided by the client to the dealer hereunder. HOASiteBuilder disclaims all other warranties, expressed or implied including, without limitation, any implied warranties or merchantability or fitness for a particular purpose, and any oral or written representations, proposals or statements made prior to this agreement. In no event shall HOASiteBuilder be liable to the client or for incidental, consequential, special or indirect damages even if HOASiteBuilder has been advised of the possibility of such damages. HOASiteBuilder shall not be liable for any such claim or demand made against the Client by any third party except to the extent such claim or demand relates to copyright, patent, trade secret or other proprietary rights or HOASiteBuilder. HOASiteBuilder's entire liability to Client, whether based in contract or tort, will be limited to the total of those fees paid by the Client to HOASiteBuilder through the original order form that the client submits online to HOASiteBuilder.

Domain Name: Due to the constant change and growth of the World Wide Web, HOASiteBuilder will not be held liable or responsible for the availability or loss of any domain name. Domain names purchased on behalf of the client are in the control of HOASiteBuilder during the time that the contract between client and HOASiteBuilder remains in effect and during all phases of the development and hosting process. If client cancels the contract or service, their account must be current if they wish for the domain name to be transferred into their name or to another service provider. The Domain name is registered by iWebBuilder on behalf of the Client. The Client is the actual owner of the registered domain name.

Copyrights and Trademarks: The client represents to HOASiteBuilder and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork used in the creation of any website using the HOASiteBuilder service in web pages or a web site are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend HOASiteBuilder from any claim or suit arising from the use of such elements furnished by the client.

Internet Reliability: HOASiteBuilder does not warrant that the functions contained in said Web pages or that the Internet Web site will be uninterrupted or error-free. In no event will HOASiteBuilder be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate said web pages or web site, even if HOASiteBuilder has been advised of the possibility of such damages.

Music: By uploading music to your site you are stating that you have paid for the rights to use that music and insure that the music you are using does not violate any copyright laws. In no event will HOASiteBuilder be liable for any illegal use of music. At the request of the owner/representative of the music we have the right to remove any unauthorized music from your site. Illegally using music on your site could be terms for cancellation.

Customer Reliability: HOASiteBuilder nor its affiliates can not be held liable for the reliability of any customer or business transaction conducted from clients web site, nor any loss from said transactions. It is up to client to verify any questionable customer information before shipping any product or providing any type of service to potential customers.

Cancellations. Client may cancel this contract at any time by providing 30 days written notice (email or contact form via HOASiteBuilder's website). The 30 day notice begins at the time HOASiteBuilder receives the cancel request by the client. Client agrees to maintain the HOASiteBuilder service for at least 90 days (3 billing cycles) or pay an early termination fee of $75.00.

Renewals: This contract will renew each year on this date. It will continue to renew until it is canceled in writing by either party at least 30 days prior to the renewal date of contract. The monthly bill for your HOASiteBuilder account will be billed directly from HOASiteBuilder in the form of a charge to clients credit card that was placed on file with the original order. Failure to obtain a charge for any amount due to HOASiteBuilder will result in an email to notify you of the problem. If not resolved within 14 days, the web site will be removed from the HOASiteBuilder Internet Servers and will be subject to a $100.00 reinstatement fee plus any late fees for the past due amount if the client wishes to continue using the HOASiteBuilder web service. HOASiteBuilder will not be held liable for any lost information, documents or graphics while you are using or creating a website

Backups. HOASiteBuilder provides daily backups of all websites located on our servers. These backups are for archive purposes in case of server failure or major data loss. These backups are not for causal use to recover lost graphics, text or website structure that the Client may inadvertently delete. If Client needs data recovery for such said reason, the cost to recover data will be billed at $75.00 per hour.

The client is engaging HOASiteBuilder for the specific project of developing a Templated web site to be hosted and maintained on HOASiteBuilder's Internet Servers or service providers computer. The client hereby authorizes HOASiteBuilder to create and access client's web page directory, cgi-bin directory, and any other directories or programs which need to be created and maintained for this project. The client also authorizes HOASiteBuilder to secure the requested domain name on their behalf. I have read and understand the above agreement and accept the terms.

HOASiteBuilder reserves the right to change, alter or modify this agreement at any time without notice.

©2008 HOASiteBuilder