Policies

Policies: Website Maintenance Policy | Privacy Policy | Acceptable Use Policy | Terms of Service

---

Web Site Maintenance Policy:

All website maintenance requests, problem resolution requests and/or questions regarding your website MUST be submitted via the Website Maintenance Trakker online submission form.

- File attachments need to be in a .doc, .xls, .pdf, .html or .zip format
- Pictures/images need to be in .jpg, .png or .gif format

PLEASE NOTE: If requests are not sent via the Trakker, it will be returned to the original requestor to submit via the Trakker online submission form. If problem resolution requests and/or questions regarding your website are not submitted via the Trakker, we can not guarantee it will be addressed timely.

ePaiges Design Group typically completes maintenance requests within one business day. However, it can take up to 5 business days during heavy volumn periods. For any requests received after 6 pm, the following day will be considered as the first business day.

For urgent or priority requests: Please submit a Maintenance Trakker request and mark as priority.

ePaiges Design group does not mange post-dated (hold, to be completed in the future) requests. Any post-dated requests of more than 3 business days from the submitted date will be closed with a note added to resubmit at a later date.

Example of post-dated ticket: Ticket submitted June 28th to be completed on July 27th.

"Maintenance" is content management. It does not include a redesign of page layout.
ePaiges Design Group reserves the right to distinguish between updates, re-designs and new-designs.
ePaiges Design Group does not share website access for maintenance responsibilities with clients or other vendors.
For each update request, there is a two-minute minimum charge. (For hourly maintenance subscribers)
It is the client's responsibility to review updates and notify us of any necessary changes that need to be made. ePaiges Design Group will not charge for errors caused by us. However, if a change needs to be made due to client error, the regular hourly update fees will apply.

ePaiges Design Group will maintain a 7-day nightly backup of your web site. Larger time-frames are also available.
If your web site uses a third-party component (web site trackers, weather info-feeds, etc.) ePaiges Design Group takes no responsibility for loss of information due to actions of these sites. Any maintenance to your site resulting from any third party component will be billed at the normal hourly rate.

---

Privacy Policy

ePaiges Design Group Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our contact page and at every point where personally identifiable information may be requested.

The Information We Collect:
This notice applies to all information collected or submitted on the ePaiges Design website. On some pages you can make requests and register to receive materials. The types of personal information collected at these pages are: Name, Email address, Phone number (etc.)

The Way We Use Information:
We use the information you provide about yourself when contacting us for internal use only. We do not share this information with outside parties except to the extent necessary to complete orders.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our website if you would like to receive updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.

We use non-identifying and aggregate information to better design our website. For example, we might see that X number of individuals visited a certain area on our website, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

How To Contact Us:
Should you have other questions or concerns about these privacy policies, please call us at 916.382.2160 or send us an email at info@ePaiges.com

---

Terms of Use

NOTWITHSTANDING, BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

ePaiges Design Group reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the ePaiges Design Group website. Your continued use of services following ePaiges Design Group 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. TERM AND PAYMENT FOR SERVICES

1.1 Term

This Agreement shall be for an "Initial Term" as chosen by you on the initial contract at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide ePaiges Design Group with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. A notice of termination can be submitted via email to billing@epaiges.com or by snail-mail to ePaiges Design Group, 10968 Woodring Dr., Mather, CA 95655.

1.2 Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) ePaiges Design Group will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of ePaiges Design Group's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to ePaiges Design Group in the manner described in Section 1.1. ePaiges Design Group may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If you terminate this agreement, ePaiges will not refund any pre-paid services. If ePaiges Design Group terminates this Agreement, ePaiges Design Group will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4 Charges

You agree to pay for all charges attributable to your use of the Services at the then current ePaiges Design Group prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on ePaiges Design Group's net income.

1.5 Invoices & Payments

All services require a deposit. All Web Hosting and/or Web Maintenance payments are required in advance of service. 

ePaiges Design Group may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to ePaiges Design Group the amount indicated in each invoice by the due date reflected on that invoice.

All prepaid services are non-refundable.  This includes, but is not limited to:

• Maintenance
• Managed Hosting
• Domain name registration / transfer
• eCommerce plans
• 3rd party services (Constant Contact, ShareFile, etc)

All invoices are sent via email with a PDF attachment to the contact/billing email address supplied at the initial contract. As a courtesy, we may send a hardcopy of the invoice via USPS. It is the clients responsibility to ensure the billing email address and mailing address are current.

1.6 Delinquent Accounts

Your account will be considered delinquent after five (5) days from the invoice due date. ePaiges Design Group reserves the right to remove web pages from viewing on the internet and/or suspend all services provided by ePaiges Design Group until account is made current. Your web site will be deactivated and replaced with a web page stating, "The website is undergoing routine maintenance." 

Accounts with delinquent balances will be assessed a $35 late payment if payment is not received by original due date. If an amount remains delinquent 30 days after it's due date an additional 5% penalty will be added for each month of delinquency.

Any such suspension of the Services does not relieve you from paying past due fees. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

2. USE OF SERVICES

2.1 Applicable Use Policy

ePaiges Design Group's Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on ePaiges Design Group's Web site (or such other location as ePaiges Design Group may specify) and may be updated from time-to-time.

YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. ePaiges Design Group RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2 Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on ePaiges Design Group's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ePaiges Design Group. ePaiges Design Group will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ePaiges Design Group has the option at any time to reject this material. ePaiges Design Group will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of ePaiges Design Group . Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not ePaiges Design Group 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and ePaiges Design Group .

2.3 Bandwidth and Storage Usage

You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.

3. ENFORCEMENT

3.1 Investigation of Violations

ePaiges Design Group may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. ePaiges Design Group will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2 Actions

ePaiges Design Group reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, ePaiges Design Group may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on ePaiges Design Group 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by ePaiges Design Group which, in ePaiges Design Group 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes ePaiges Design Group to civil or criminal liability or public ridicule. It is ePaiges Design Group 's policy to terminate repeat infringers. ePaiges Design Group's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If ePaiges Design Group takes corrective action due to such possible violation, ePaiges Design Group shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3 Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect ePaiges Design Group 's systems and customers, or to ensure the integrity and operation of ePaiges Design Group 's business and systems, ePaiges Design Group may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on ePaiges Design Group's servers and systems. ePaiges Design Group also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Your License Grant to ePaiges Design Group

You hereby grant to ePaiges Design Group a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to ePaiges Design Group a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2 ePaiges Design Group Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed, collected or provided by ePaiges Design Group or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by ePaiges Design Group to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of ePaiges Design Group or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by ePaiges Design Group during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3 Trademarks

You hereby grant to ePaiges Design Group a limited right to use your trademarks, if any, for the limited purpose of permitting ePaiges Design Group to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

5. WARRANTY; WARRANTY DISCLAIMER

5.1 Customer and/or Third Party Acts

ePaiges Design Group is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, ePaiges Design Group is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond ePaiges Design Group's reasonable control.

5.2 No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY ePaiges Design Group UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT ePaiges Design Group EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH ePaiges Design Group's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. ePaiges Design Group DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ePaiges Design Group DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to ePaiges Design Group

You warrant, represent, and covenant to ePaiges Design Group that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1 Limitations

IN NO EVENT SHALL ePaiges Design Group HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO ePaiges Design Group , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ePaiges Design Group SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ePaiges Design Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ePaiges Design Group TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ePaiges Design Group BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ePaiges Design Group UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ePaiges Design Group FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2 Interruption of Service

You hereby acknowledge and agree that ePaiges Design Group will not be liable for any temporary delay, outages or interruptions of the Services. Further, ePaiges Design Group shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3 Maintenance

You hereby acknowledge and agree that ePaiges Design Group reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. ePaiges Design Group will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

6.4 Third Party Software

The website(s) may contain or be delivered with certain third party software ("Third Party Software"). Reseller shall have only such rights and/or licenses, if any, to use the Third Party Software as are set forth in their terms. ePaiges will have no obligation whatsoever under this Agreement to support or maintain any such Third Party Software, nor will ePaiges have any liability under this Agreement, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claim arising from or related to Licensee's use or distribution of the Third Party Software, and ePaiges disclaims any and all representations and warranties, express, implied or statutory, with respect to any and all such Third Party Software, including without limitation, any warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference. Licensee acknowledges and agrees that the foregoing disclaimers, limitations and exclusions of liability form an essential basis of the bargain between the parties, and that, absent such disclaimers, limitations and exclusions, the terms of this Agreement, including, without limitation, any economic terms, would be substantially different.

7. INDEMNIFICATION

You will defend, indemnify and hold harmless ePaiges Design Group and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by ePaiges Design Group ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

8. MISCELLANEOUS

8.1 Confidentiality

The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

8.2 Notices

All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

8.3 Choice of Law and Forum

THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN CALIFORNIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.4 Entire Agreement

This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties.

8.5 No Fiduciary Relationship

No Third-Party Beneficiaries - ePaiges Design Group is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.6 Assignments

You may not transfer or assign your rights, duties, or obligations under this Agreement without ePaiges Design Group's prior written consent. ePaiges Design Group may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

8.7 No Waiver

ePaiges Design Group's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ePaiges Design Group's right to subsequently enforce such provision or any other provisions under this Agreement.

8.8 Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.9 Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

8.10 Legal Fee's

The client will be liable for any costs associated with attorneys' fees and/or court costs incurred by ePaiges, if needed, in order to complete or supply web services.

9. WEB MAINTENANCE TRAKKER

The ePaiges Design Group's Maintenance Trakker system accessed via this Web Site (the "Trakker") and tracking information obtained through this Web Site (the "Information") are the private and intellectual property of ePaiges Design Group. ePaiges Design Group authorizes you to use this Trakker System solely to track maintenance requests tendered by or for you and for no other purpose. Without limitation, you are not authorized to make the Information available on any web site or otherwise
reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of ePaiges Design Group. This is a personal service, thus your right to use our Trakker system or Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

10. TEAMPORTAL WEB PORTAL

The TeamPortal Web Portal is comprised of various Web pages operated by ePaiges. The TeamPortal Web Portal is the private and intellectual property of ePaiges Design Group. Without limitation, you are not authorized to make the Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of ePaiges Design Group. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

The TeamPortal Web Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TeamPortal Web Portal constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ePaiges reserves the right to change the terms, conditions, and notices under which the TeamPortal Web Portal is offered, including but not limited to the charges associated with the use of the TeamPortal Web Portal.

LINKS TO THIRD PARTY SITES

The TeamPortal Web Portal may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ePaiges and ePaiges is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ePaiges is not responsible for webcasting or any other form of transmission received from any Linked Site. ePaiges is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ePaiges of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TeamPortal Web Portal, you warrant to ePaiges that you will not use the TeamPortal Web Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TeamPortal Web Portal in any manner which could damage, disable, overburden, or impair the TeamPortal Web Portal or interfere with any other party's use and enjoyment of the TeamPortal Web Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TeamPortal Web Portals.

USE OF COMMUNICATION SERVICES

The TeamPortal Web Portal may contain blog posts, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

ePaiges has no obligation to monitor the Communication Services. However, ePaiges reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ePaiges reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ePaiges reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ePaiges's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ePaiges does not control or endorse the content, messages or information found in any Communication Service and, therefore, ePaiges specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ePaiges spokespersons, and their views do not necessarily reflect those of ePaiges.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ePaiges OR POSTED AT ANY TeamPortal Web Portal

ePaiges does not claim ownership of the materials you provide to ePaiges (including feedback and suggestions) or post, upload, input or submit to any TeamPortal Web Portal or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ePaiges, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ePaiges is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ePaiges's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TeamPortal Web Portal MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ePaiges AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TeamPortal Web Portal AT ANY TIME. ADVICE RECEIVED VIA THE TeamPortal Web Portal SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ePaiges AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TeamPortal Web Portal FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ePaiges AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ePaiges AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TeamPortal Web Portal, WITH THE DELAY OR INABILITY TO USE THE TeamPortal Web Portal OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TeamPortal Web Portal, OR OTHERWISE ARISING OUT OF THE USE OF THE TeamPortal Web Portal, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ePaiges OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TeamPortal Web Portal, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TeamPortal Web Portal.

SERVICE/SUPPORT CONTACT: support@epaiges.com

TERMINATION/ACCESS RESTRICTION

ePaiges reserves the right, in its sole discretion, to terminate your access to the TeamPortal Web Portal and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, U.S.A. in all disputes arising out of or relating to the use of the TeamPortal Web Portal. Use of the TeamPortal Web Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ePaiges as a result of this agreement or use of the TeamPortal Web Portal. ePaiges's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ePaiges's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TeamPortal Web Portal or information provided to or gathered by ePaiges with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ePaiges with respect to the TeamPortal Web Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ePaiges with respect to the TeamPortal Web Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All content of the TeamPortal Web Portal are Copyright by ePaiges Design Group.

Any rights not expressly granted herein are reserved.

11. Domain Name Registration

One of the primary services that ePaiges provides is domain registration management. ePaiges is a Domain Registrant for individuals, small businesses, and organizations who request domain names through ICANN-accredited registrars. As the registrant, ePaiges is required to enter a registration contract with the registrar (i.e. godaddy.com), which sets forth the terms under which the registration is accepted and will be maintained.

ePaiges protects, maintains, and renews the domain(s) on behalf of clients as the administrative contact but does not claim ownership of said domain(s). The individual, small businesses, or organization with a Web Services Contract/Agreement with ePaiges is the owner of the domain. A verified client representative can request administrative access or transfer at any time (assuming the client has no existing balance due on their account with ePaiges.)

To request administrative access or transfer of your domain name, please email support@epaiges.com.