With the acceptance of Commerce Blvd's services, the customer agrees to the following, which shall apply during the term of account activity:

1. DEFINITIONS:

A. "Plans" means proposals for offering various services to be provided by Commerce Blvd, as listed online at: http://www.commerceblvd.com/hosting/hosting.php "Plans" does not include the use of Commerce Blvd's trademarks.
B. "Customer" means an end user who is utilizing services provided by CommerceBlvd.com.
C. "Commerce Blvd" refers to CommerceBlvd.com.

2. PRICES
A. All prices for Plans provided by Commerce Blvd to Customer are in US dollars.
B. Customer shall be responsible for paying all taxes of any nature which become due with regard to Commerce Blvd services, except for taxes on Commerce Blvd's income, irrespective of which party may be responsible for reporting or collecting such taxes.

3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Commerce Blvd. An order will be deemed accepted by Commerce Blvd when written confirmation of the order is sent to Customer. Commerce Blvd may refuse to accept any order, or delay acceptance pending fulfillment of conditions Commerce Blvd may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Commerce Blvd agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order.

B. PAYMENT AND TERMS:
Payment shall be made in US dollars to Commerce Blvd into the account designated by Commerce Blvd, or as may otherwise be agreed in writing by the parties. Payments are due upon presentation of invoice. If due to bank charges, transfer fees, or the like, Commerce Blvd should receive less than its invoice amount, Commerce Blvd will re-invoice Customer for the  shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Commerce Blvd within thirty (30) days after presentation, Commerce Blvd will impose a debt service charge amounting to one percent (1%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid.  In the event that any amount remains unpaid thirty (30) days after presentation of invoice, Commerce Blvd may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate.

Customer recognizes the responsibility to detect additional use of services and accept charges based on any services utilized in excess of the Customer’s original account order or current account allocations.

It is Customer's responsibility to recognize payment due dates and maintain proper payment by said dates. Commerce Blvd retains the right to discontinue, withhold, or suspend services for any account that is in past due status. If an account is not properly paid on the recognized account renewal date, Commerce Blvd may impose additional fees to resolve, reactivate, or retrieve Customer's access to account information.

ACCOUNT RENEWAL AND DISCONTINUATION:
By normal procedure, Commerce Blvd will automatically renew an account with the latest contract terms and plan allocations. If a credit card is listed on file for the Customer, that card will be charged accordingly for renewal, unless the Customer contacts Commerce Blvd with alternative payment information before the payment deadline.  Customer will receive notification of the renewal date by email to the address listed on file, or by regular mail if previously requested by the Customer.  It is the Customer's responsibility to inform Commerce Blvd of updates to contact information, including email addresses.  

Customer is also responsible to notify Commerce Blvd in writing of account discontinuation thirty days (30) prior to a renewal deadline to avoid automatic renewal for all regular web hosting services, and sixty (60) days prior to renewal date for all E-commerce web hosting services. If no written cancellation notice is received before the deadline as required by Commerce Blvd, Customer will remain responsible for the next billing period.

If Customer makes a request to discontinue the account within an already active contract period, the charges for that period will not be refunded. The only event in which funds will be reimbursed is that when Commerce Blvd has been notified in writing by Customer before the 30^th day of a new account’s activity. (There will be no reimbursement for E-commerce accounts, due to the licensing agreement.)

DOWNGRADES, UPGRADES, AND SERVICE CHANGES
Requests to change service may require notice in advance of renewal billing date. Commerce Blvd will typically handle such requests in conjunction with cancellation policies.  Fees may be assessed to perform downgrades, usually at a rate of $15.00 per account.  Fees for upgrades are typically charged by calculating the difference between the former and new plan setup costs. Upgrades to more extensive solutions such as dedicated servers may require a more substantial setup fee. Additions of add-on features to a plan may also require a setup fee.

REFUNDS
If customer requests to cancel a Web hosting account (non-Ecommerce only) within the first 30 days of the account's activity, they may choose to take advantage of the "30 day money back guarantee offer". This offer will refund only web hosting charges paid at the time of purchase, minus any setup fees or domain name registration fees. If a new domain name is acquired through Commerce Blvd at any time during the account's activity, the customer will be held responsible for domain name registration charges of at minimum $15.50 per year; these domain registration costs are non-refundable. Customer may continue to own the domain name(s) until the specified expiry date(s).

4. DUTIES OF Commerce Blvd:
Commerce Blvd will acquire, on request, a new Internet Domain Name on behalf of the Customer. In such case, the Customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Commerce Blvd for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Commerce Blvd for any reason. Any costs of Commerce Blvd in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to Commerce Blvd upon invoice from Commerce Blvd to Customer.

5. RULES AND REGULATIONS
Commerce Blvd may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.

6. LIMITATION OF Commerce Blvd’s OBLIGATIONS AND LIABILITY
A. Commerce Blvd will utilize its best efforts to maintain acceptable performance of services contracted for services, but Commerce Blvd makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Commerce Blvd cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Commerce Blvd will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Commerce Blvd shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Commerce Blvd.

B. Commerce Blvd may discontinue servicing any Plan, or may require fulfillment of conditions Commerce Blvd may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and Commerce Blvd agrees to provide Customer with reasonable notice via Email and fax of any such intent to discontinue or impose conditions.

C. Services provided by Commerce Blvd to Customer shall be deemed accepted for all purposes thirty days after presentation of invoice for such services, if no written claim or objection regarding such services has been received by Commerce Blvd within the 30-day period. No claim related to such accepted services shall be raised.

D. Commerce Blvd’s liability to Customer, and any end user of any Plan or other Commerce Blvd services is limited to the amount paid to and received by Commerce Blvd for services not accepted. In no event shall Commerce Blvd be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Commerce Blvd has been advised of the possibility of such damage.

E. Customer will take all necessary measures to preclude Commerce Blvd from being made a party to any lawsuit or claim regarding Commerce Blvd services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Commerce Blvd from any and all claims of whatever nature brought by any of Customer's customers against Commerce Blvd in excess of the remedy set forth in paragraph 6(D) .

7. PROPERTY RIGHTS
Commerce Blvd owns all right, title and interest in Commerce Blvd’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use Commerce Blvd's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans in the Territory.

8. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with Commerce Blvd hereunder, it may have access to certain information and materials relating to Commerce Blvd’s business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to Commerce Blvd, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Commerce Blvd. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such  information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to Commerce Blvd or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Commerce Blvd shall be entitled to injunctive relief, which relief shall not be contested by Customer.

9. RELATIONSHIP OF THE PARTIES
The relationship between Commerce Blvd and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Commerce Blvd, or in any other way legally bind Commerce Blvd in any fashion, nor shall Customer be authorized to make any representations about Commerce Blvd or its services other than to set forth Commerce Blvd' responsibilities as outlined in this agreement.

10. DISPUTES
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Austin, Texas, or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.  Should any legal action permissible under this agreement be  instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

11. TERM, TERMINATION:
This agreement shall run until the end of the current calendar year. It shall automatically be renewed on an annual basis unless terminated in one of the following ways:

A. By either party, by notifying the other in writing by November 30 of any given year that this agreement will not be renewed.

B. By Commerce Blvd, upon thirty (30) days' written notice, if Customer breaches any material and substantial provision of this agreement and has not cured by the end of the 30 days.

C. By Commerce Blvd, upon sixty (60) days' written notice, if
    1. Commerce Blvd provides Customer with written notice of the specific reasons for its belief in this regard, and
    2. Customer has not cured by the end of the 60 days.

D. By Commerce Blvd, immediately upon giving written notice to Customer, in the event that
    1. Any bank draft or check delivered by Customer to Commerce Blvd in payment for Products is returned unpaid and Customer fails to remedy such nonpayment within five business days;
    2. Customer becomes more than sixty (30) days in arrears in payment of its account with Commerce Blvd;
    3. There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing;
    4. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or
    5. Customer makes an assignment of all or part of its assets for the benefit of creditors.

E. By Commerce Blvd immediately, if Customer attempts to assign all or any part of this Agreement without Commerce Blvd' prior written approval;

F. By Commerce Blvd immediately, if Customer fails to cause Commerce Blvd to be informed in writing immediately on the happening of any event specified in this section;

G. By Customer, immediately upon giving written notice to Commerce Blvd, if
    1. There are instituted bankruptcy or insolvency proceedings against Commerce Blvd, which are not vacated within sixty (60) days from the date of filing;
    2. Commerce Blvd institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;
    3. Commerce Blvd makes an assignment of all or part of its assets for the benefit of creditors; or
    4. Commerce Blvd fails to cause Customer to be informed in writing immediately on the happening of any event specified in this section. The provisions of this paragraph survive any termination of this agreement.

12. NONASSIGNABILITY
Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Commerce Blvd, which consent shall not be unreasonably refused.

13. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Commerce Blvd and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

14. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Commerce Blvd in Texas. It is to be governed by and construed under the laws of the State of Texas and the United States of America. The federal and state courts of the State of Texas shall have exclusive jurisdiction to adjudicate any non-arbitrary dispute arising out of this agreement. Customer hereby expressly consents to
    (1) the jurisdiction of the courts of Texas and
    (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Commerce Blvd. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

15. NOTICES
Except with respect to service of process as set forth in paragraph, all notices may be sent by email, fax, or express mail to the email address, fax number, or mailing address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

16. ENTIRE AGREEMENT; MODIFICATIONS
This agreement between Commerce Blvd and Customer sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Commerce Blvd may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of Commerce Blvd services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.

By submitting an order request and/or by using our services, the Customer accepts these terms.

AMMENDMENT 1: TERMS FOR APPSITE HOSTING ACCOUNT HOLDERS

For customers holding a Shared Web Hosting or E-commerce Shared Web Hosting account that has migrated to us from Appsite Hosting, the following terms apply. The terms below do NOT supersede terms for other customers who are not using an account that was migrated from Appsite Hosting.

By utilizing CommerceBlvd.com web hosting services, all customers must agree to these terms.  Although the billing procedures described here may differ from the typical procedures outlined in previous clauses of this agreement, all other terms of this agreement will remain imposed.

(AMMENDMENT TO B. PAYMENT AND TERMS):

The following terms supersede terms described in “B. PAYMENT AND TERMS” for AppSite Hosting account holders only.

B.1. Term. This Agreement will be for an "Initial Term" of either: (a) 30 days if you register for Shared Hosting Services, (b) 12 months from the order date if otherwise chosen by you in the order process by selecting 1-year service and billing terms. 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 Commerce Blvd with notice of termination either: (a) at least 7 days before the end of the Initial Term or the Renewal Term, whichever is then applicable, if you are receiving Shared Hosting Services on a monthly billing option, or (b) at least 30 days before the end of the Initial Term or Renewal Term, whichever is then applicable, if you are receiving Shared Hosting Services under 1-year billing option or have pre-paid for a 1-year period of Shared Hosting Services. You must provide Commerce Blvd with your notice of termination by contacting the Commerce Blvd Accounting Department in writing. Written notice will be accepted by email to accounting@CommerceBlvd.com, or by Mail to Commerce Blvd’s office.  Any notice of termination will be effective upon Commerce Blvd's receipt of notice, with reference to the cancellation notice policies outlined in this agreement. Receipt of a cancellation notice will be confirmed with a written reply by the Commerce Blvd Accounting Department.

B.2 Termination Policy. If you terminate the Services before the end of the Initial Term or the Renewal Term, whichever is then applicable: (a) Commerce Blvd will not refund to you any fees paid in advance of termination, and (b) you will be required to pay the lesser of 3 times the standard monthly charge or 100% of Commerce Blvd's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. But if you have pre-paid for a 1-year period of Shared Hosting Services, you are entitled to a pro-rata refund of the remaining months in the annual period, calculated at the standard monthly rate for the Shared Hosting Services, not the discounted annual rate. You must submit your termination request to Commerce Blvd in the manner described in Section B.1. Commerce Blvd may terminate this Agreement at any time and for any reason by providing to you 30 days' prior written notice of termination. If Commerce Blvd terminates this Agreement, Commerce Blvd will refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided in this Agreement. (No refund is offered for customers who abuse Accepted Uses Policies or who abuse other terms in this agreement.)

By submitting an order request and/or by using our services, the Customer accepts these terms.

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