Brenits Creative (HOST) and the CLIENT/WEBSITE OWNER shall be collectively referred to as the Parties. Under this agreement, the HOST will provide Web Hosting and related services to the Website. The parties agree as follows:

1.0 ACCEPTANCE.

1.1 By accepting this agreement and using HOST’s Website Hosting Services (“Services”), CLIENT/WEBSITE OWNER agrees to be bound by all the terms and conditions of this agreement.

2.0 DELIVERABLES. HOST agrees to provide CLIENT/WEBSITE OWNER with website hosting and maintenance services in one of our packages consisting of:

2.1.1 WEB HOSTING: Dedicated website hosting of CLIENT/WEBSITE on our WPEngine dedicated WordPress server.

2.2 SITE BACKUP & RECOVERY: Daily Backups (at a minimum), Disaster recovery (1 per year included), Uptime Monitoring, Live staging site copy maintained (upon request).

2.3 SITE UPDATES & OPTIMIZATION: Check for updates to WordPress CMS, Check for updates to plugins, Check for updates to themes, Basic website optimization. Scan website for malware and any other security breaches.

3.0 SUPPORT. Host agrees to provide the following support to CLIENT/WEBSITE within 24-48 hours:

3.1 Simple troubleshooting and fixes (Up to 30 minutes included. Charged hourly after 30 minutes. Complex changes require a project quote)

3.2 Client Requested Content Updates (up to 30 minutes of Brenits Creative time. Charged hourly after 30 minutes. Turnaround time 1-3 business days)

3.3 HOST may also provide additional services, from time to time upon request. Services provided above and beyond the above deliverables will be billed separately at our posted hourly rate.

3.4 HOST reserves the right to change or modify the features of CLIENT/WEBSITE OWNER’s service plan from time to time on 30 days’ written or emailed notice to CLIENT/WEBSITE OWNER. CLIENT/WEBSITE OWNER’s continued use of HOST’s services after receipt of such a notice of modification shall constitute CLIENT/WEBSITE OWNER’s acceptance of and agreement to be bound by the HOST’s modification of the terms and conditions of this agreement.

4.0 AGREEMENT TERM.

4.1 The initial term of this agreement shall commence on the date of execution of a written agreement and shall continue through the remainder of the calendar month in which this agreement was executed (the “Initial Term”). After the initial term, this agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.

5.0 TERMINATION WITHOUT CAUSE.

5.1 CLIENT/WEBSITE OWNER may terminate this agreement at any time, for any reason, by contacting HOST, either by phone or email, and requesting that CLIENT/WEBSITE OWNER’s account be cancelled. In the event of a cancellation, HOST will not refund amounts already billed for the current monthly service period in which CLIENT/WEBSITE OWNER terminates the agreement. Any amounts paid in advance by CLIENT/WEBSITE OWNER for future service terms following the current monthly service term will be promptly refunded by HOST.

5.2 HOST may terminate this agreement at any time, for any reason, by providing written or email notice of termination to CLIENT/WEBSITE OWNER’s primary website email contact address no less than 30 days prior to the service termination.

5.3 If either Party terminates this Agreement, HOST will back up all CLIENT/WEBSITE OWNER’s current Website content and databases as an archive file and send them to CLIENT/WEBSITE OWNER either as an attachment to an email or via other file transfer process.

6.0 TERMINATION FOR CAUSE.

6.1 CLIENT/WEBSITE OWNER agrees to abide by the terms of this agreement and by HOST’s general use policies as set forth in this agreement, as those policies may exist from time to time. HOST may change its use policies on 30-day written notice to CLIENT/WEBSITE OWNER by email message.

6.2 Any violation by CLIENT/WEBSITE OWNER of the terms of this agreement or of HOST’s general use policies shall be grounds for immediate termination of CLIENT/WEBSITE OWNER’s account for cause. If HOST terminates CLIENT/WEBSITE OWNER’s account for a violation of this Agreement, HOST shall not be required to refund any amounts billed for the billing period in which HOST terminates CLIENT/WEBSITE OWNER’s services.

7.0 PAYMENT TERMS.

7.1 CLIENT/WEBSITE OWNER agrees to pay HOST for the HOST’s services per the package pricing posted here. HOST reserves the right to change or modify its charges for CLIENT/WEBSITE OWNER’s plan from time to time on 30-day’s notice emailed to CLIENT/WEBSITE OWNER. CLIENT/WEBSITE OWNER’s continued use of HOST’s services after receipt of such a notice shall constitute CLIENT/WEBSITE OWNER’s acceptance of and agreement to be bound by the HOST’s modified charges for its services. Additional charges for add-on services not included in CLIENT/WEBSITE OWNER’s plan will be made as mutually agreed upon.

7.2 Service charges are payable in advance of each monthly service period. HOST will invoice CLIENT/WEBSITE OWNER prior the beginning of each service period. HOST will submit all invoices to CLIENT/WEBSITE OWNER by email. Payment is due immediately upon receipt of invoice. Payments can be made online by credit card. Interest in the amount of 1.5 percent per month will be added to any outstanding invoices remaining unpaid for more than 30 days.

7.3 CLIENT/WEBSITE OWNER agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by CLIENT/WEBSITE OWNER and any fees owed to HOST.

7.4 Any charges for upgrading CLIENT/WEBSITE OWNER’s current hosting package, or performing add-on requests, will not be billed until the next invoice.

8.0 TAXES

8.1 HOST shall not be liable for any taxes and other governmental fees related to purchases made by CLIENT/WEBSITE OWNER or from HOST’s server. CLIENT/WEBSITE OWNER agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to CLIENT/WEBSITE OWNER by HOST.

9.0 MATERIALS AND PRODUCTS

9.1 Any material and data CLIENT/WEBSITE OWNER provides to HOST in connection with Services shall be in a form requiring no additional manipulation on the part of HOST. HOST shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement. HOST, in its sole discretion, may reject material or data that CLIENT/WEBSITE OWNER has placed on HOST’s servers or that CLIENT/WEBSITE OWNER has requested that HOST put on HOST’s servers. HOST agrees to notify CLIENT/WEBSITE OWNER immediately of its refusal of any material or data and provide CLIENT/WEBSITE OWNER with an opportunity to amend or modify the material or data to meet the HOST’s requirements.

10.0 ELECTRONIC MAIL ABUSE

10.1 Harassment by email, whether through language, frequency, or size of messages, is prohibited. CLIENT/WEBSITE OWNER may not send email though HOSTs servers to any person who does not wish to receive it. If a recipient asks to stop receiving email, CLIENT/WEBSITE OWNER must not send that person any further email. CLIENT/WEBSITE OWNERs are explicitly prohibited from sending unsolicited bulk email messages (“junk mail” or “spam”) from HOST’s servers. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. CLIENT/WEBSITE OWNERs may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an email list or removing someone else from a mail list without that person’s permission is prohibited. HOST’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee and a deactivation fee.

11.0 VIOLATIONS OF NETWORK SECURITY

11.1 CLIENT/WEBSITE OWNER is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of CLIENT/WEBSITE OWNER’s agreement. HOST will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting CLIENT/WEBSITE OWNERs who are involved in such violations. These violations include, without limitation:

11.1.1 Accessing data not intended for the CLIENT/WEBSITE OWNER or logging into a server or account that the CLIENT/WEBSITE OWNER is not authorized to access.

11.1.2 Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.

11.1.3 Attempting to interfere with service to any CLIENT/WEBSITE OWNER, HOST or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.

11.1.4 Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

11.1.5 Taking any action in order to obtain services to which the CLIENT/WEBSITE OWNER is not entitled.

12.0 WARRANTY AGAINST UNLAWFUL USE

12.1 CLIENT/WEBSITE OWNER warrants and represents that CLIENT/WEBSITE OWNER shall use HOST’s servers only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing the use of email and the internet, whether or not specifically prohibited elsewhere in this agreement.

12.2 Failure to abide by the terms of this paragraph shall be grounds for immediate termination of CLIENT/WEBSITE OWNER’s account for cause.

13.0 LIABILITY; NO WARRANTY; LIMITATION OF DAMAGES

13.1 CLIENT/WEBSITE OWNER expressly agrees that use of Services provided by HOST is at CLIENT/WEBSITE OWNER’s sole risk.

13.2 HOST guarantees 99.95 percent uptime for its Web servers. If uptime for CLIENT/WEBSITE OWNER’s Web server falls below 99.95 percent during any given month (or specify other payment period), HOST will credit CLIENT/WEBSITE OWNER as follows: 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.). Any such credit shall be applied to future invoices. This credit shall be CLIENT/WEBSITE OWNER’s sole and exclusive compensation for any downtime or other unavailability of HOST’s services under this agreement. HOST shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.

13.3 HOST, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services 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 their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this agreement.

13.4 HOST, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result 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 HOST’s records, programs, or services.

13.5 HOST will exercise no control over the content of the information passing through HOST’s network except those controls expressly provided herein.

13.6 HOST makes no warranties or representations of any kind, express or implied, for the services it is providing. HOST also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by CLIENT/WEBSITE OWNER, including loss of data resulting from delays or non-deliveries.

 14.0 PATENTS, COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL AND PROPRIETARY RIGHTS

 14.1 Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to CLIENT/WEBSITE OWNER such as licensed software or “plug-ins”. CLIENT/WEBSITE OWNER agrees that all right, title, and interest in any product or service provided to CLIENT/WEBSITE OWNER belongs to HOST. These products and services are only for CLIENT/WEBSITE OWNER’s use in connection with Services provided to CLIENT/WEBSITE OWNER as outlined in this agreement.

14.2 CLIENT/WEBSITE OWNER expressly warrants to the HOST that CLIENT/WEBSITE OWNER has the right to use any patented, copyrighted, or trademarked material which CLIENT/WEBSITE OWNER uses, posts, or otherwise transfers to HOST servers.

15.0 HARDWARE, EQUIPMENT, AND SOFTWARE. CLIENT/WEBSITE OWNER is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access HOST servers. HOST makes no representations, warranties, or assurances that CLIENT/WEBSITE OWNER’s equipment will be compatible with HOST Services.

16.0 AGE. CLIENT/WEBSITE OWNER expressly represents and warrants that CLIENT/WEBSITE OWNER and any person to whom CLIENT/WEBSITE OWNER grants access to CLIENT/WEBSITE OWNER’s HOST account are at least 18 years of age.

 17.0 INDEMNIFICATION

 17.1 CLIENT/WEBSITE OWNER agrees to defend, indemnify, and hold HOST harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against HOST, its agents, 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 CLIENT/WEBSITE OWNER, CLIENT/WEBSITE OWNER’s agents, employees, or assigns. CLIENT/WEBSITE OWNER further agrees to defend, indemnify, and hold harmless HOST against liabilities arising out of:

 17.1.1 Any liability to HOST arising by virtue of any use of HOST’s services by CLIENT/WEBSITE OWNER for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation goven1ing use of email or the internet;

 17.1.2 Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to CLIENT/WEBSITE OWNER;

 17.1.3 Any material supplied by CLIENT/WEBSITE OWNER infringing or allegedly infringing on the property or proprietary rights of a third party;

 17.1.4 Copyright or trademark infringement by CLIENT/WEBSITE OWNER, or violation by CLIENT/WEBSITE OWNER of intellectual property rights of any other party; and

 17.1.5 Any defective product which CLIENT/WEBSITE OWNER sold or distributed by means of Services.

 17.2 CLIENT/WEBSITE OWNER agrees that the liability limit of HOST shall in no event be greater than the aggregate dollar amount which 

 17.3 CLIENT/WEBSITE OWNER paid during the terms of this agreement, including any reasonable attorneys’ fees and court costs.

 18.0 ATTORNEYS’ FEES. If any legal action is necessary to enforce the terns of this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire agreement.

 19.0 NOTICE

 19.1 CLIENT/WEBSITE OWNER agrees to keep HOST informed of all current contact information for CLIENT/WEBSITE OWNER’s account. Changes in CLIENT/WEBSITE OWNER’s account information may be reported to HOST by email at andy@brenits.com or on HOST’s website located at www.brenits.com. Failure to maintain or keep current all contact information shall be a ground for HOST to terminate CLIENT/WEBSITE OWNER’s account for cause.

 20.0 GOVERNING LAW

20.1 This agreement has been entered into in the State of Arizona, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.

 21.0 SEVERABILITY

 21.1 In case any one or more of the provisions of this agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if the invalid provision(s) had never been contained in this agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

 22.0 WAIVER

 22.1 No waiver by HOST of any breach by CLIENT/WEBSITE OWNER of any provision of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.

 23.0 ENTIRE AGREEMENT

 23.1 This agreement shall constitute the entire agreement between CLIENT/WEBSITE OWNER and HOST, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.