I. Introduction

These Terms of Service and this Acceptable Use Policy have been created by YourBizz.com, Inc., the company with ownership of eBusinessComplete.com, and the eBusinessComplete name.

Any person and/or entity that purchases or receives a product or service from eBusinessComplete.com, or any YourBizz.com, Inc. Web Site where these Terms of Service and this Acceptable Use Policy are posted somewhere on it, agree to these Terms of Service and this Acceptable Use Policy.

From this point forward “Client” shall refer to any person and/or entity that purchases or receives a product or service from eBusinessComplete.com either directly from EBC or is referred by EBC to a Partner of EBC.

From this point forward “EBC” shall refer to eBusinessComplete.com.

All of the entities controlling, controlled by, or under common control with EBC to promote the integrity, security, reliability and protection of EBC's network, facilities, offerings, and Clients. EBC may modify, without prior notice, this AUP and Terms of Service as EBC deems appropriate and such modified AUP and Terms of Service will be effective upon posting on EBC's website. Throughout the term of its Agreement with EBC, Client must ensure that the use of any service, product, or resource offered, owned, or controlled by EBC to Client ("Service") conforms to EBC's then-current AUP. Client will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-Client use.

II. Definitions

“AUP” is an Acceptable Use Policy which stipulates what a Client of EBC may do and may not do.

“Domain” is a web address that is not a sub-directory within a web address. It is a resolvable “name” followed by extensions such as “.com”, “.biz”, “.net”, “.us.” Examples, with limitation include, (www.anyword.com, anyword.com www.anyword.net, anyword.net, www.anyword.us, anyword.us www.anyword.biz, anyword.biz).

“Double Optin” is the requirement of a person or company to optin to a mailing list two times in order to be a member of a mailing list. The person must optin once via a web site, and then once by a unique confirmation email where the recipient specifically states that he/she/it is interested in receiving more email from the Client which is to send the email to the recipient.

“Down Time” is duration of time where a Client of EBC, and the World Wide Web, can not access the Client’s data that is Hosted via EBC’s “Hosting Services.”

“Hosting Services” are services rendered by EBC to Client which enable client to store data on EBC’s servers which are both owned and leased by EBC. Data is accessible to client and, if the Client wishes, the World Wide Web. Web Store Builder Clients as well as Web Site Builder Clients are using Hosting Services of EBC and are subject to the Acceptable Use Policy and Terms of Service within this document.

"Item" is a unique product/service that is for sale or display. Unless, explicitly stated otherwise in a Client's proposal/contract an item can only have no variations. For example, a red sweater that can be sold in extra large, large, medium, and small would count as four different items.

"Merchant Application" is the application and agreement between a Partner of EBC, which provides services related to bank card processing, (Including without limitation North American BanCard) and a Referral of EBC.

"Merchant Services" services relating to bank card processing (Including without limitation ecommerce, retail, mail order, phone order, credit card, debit card, charge card activities.)

“Order” is the purchase of a product or service from EBC by a Client.

"Partner" is a person or company who EBC has signed a contract or made an agreement with in order to provide services to EBC, its employees, customers, Clients, contractors, the general public, any individual, Web Site visitors, or officers.

"Referral" is any person, company, or individual that EBC refers directly or refers indirectly to a Partner of EBC.

“Support” is anything related to EBC performing customer services duties for a Client who ordered Hosting Services or Web Site Design Services, including, without limitation, website maintenance, web site design, explaining Plesk, server and website administration, programming difficulties, program difficulties, FTP, email, or anything related to Hosting Services.

“Tracert” is a command issued from a computer which shows every level a specific computer must go through in order to get access to a specific web server, IP address, or Domain.

“Web Site” is an address within the World Wide Web where one or more webpages are located off of one “Domain.”

“Web Page Design” is the designing or maintenance of a webpage, or website by EBC for a Client.

III. Prohibited Uses

The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Client's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. EBC will cooperate with all court orders, subpoenas, and other similar government requests ordering EBC to disclose information about use of the Service.

The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of EBC:

Violates local, state, federal, foreign, or international Law;

Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person").

In addition to the other requirements of this AUP, the Service may be used only in a manner that in EBC's sole discretion is consistent the purposes of such Service. Client should contact EBC if it is unsure of whether any contemplated use or action is permitted.

By way of example, and not limitation, uses described below are expressly prohibited: General:

Deceptive or fraudulent practices.

Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a Client, EBC, or otherwise, in its use or enjoyment of any EBC Service.

System and Network:

The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.

Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).

Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.

Attempting to circumvent host or user authentication or other security measures of any host, network or account.

Maintaining an Open E-mail Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third Client, including, but is not limited to, via open e-mail gateways and open proxy servers.

Mail:

Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous Clients or with whom the sender did not have an existing business relationship ("E-mail spam"). EBC reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.

Harassment including, but not limited to, through language, frequency or size of messages.

Unauthorized use, or forging, of mail header information.

Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.

Creating or forwarding "chain letters" or other " schemes" of any type.

Use of unsolicited E-mail originating from within EBC's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by EBC, or connected via EBC's network.

Usenet Newsgroups:

Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").

Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from EBC's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by EBC, or via EBC's network.

Posting chain letters of any type.

Posting encoded binary files to newsgroups not named for that purpose

Cancellation or superseding of posts other than your own

Forging of header information of the poster's account or service.

IV. Additional Obligations

Bulk E-mail:

Bulk e-mail must provide recipients with an easy and effective mechanism for removal from bulk e-mail lists. The source of the addressee's address must be included in each bulk e-mail message. Senders of bulk e-mail must take effective steps to confirm that the actual owner of each e-mail address on a list has agreed to receive bulk mailings from the sender before sending e-mail to that list.

All Commercial Email sent via EBC servers or promoting anything on an EBC server, must be sent with Double-Optin procedures that abide with the Cann-Spam Act of 2003.

Password Protection:

Client is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.

Content Protection:

Client must provide appropriate protection to prevent minors (persons under 21 years of age) from accessing any unsuitable material published via any Service.

Content Ownership:

Client is responsible for all content or information residing on, obtained or transmitted via the Service.

Vulnerable Systems:

EBC reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to EBC which may be allocated for Client use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third Client relaying. EBC will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Client or compromise the security of Client's network.

Client is responsible for correcting any system vulnerability upon notification. Client must terminate operations of a known compromised system.

Service Provided Equipment:

Client is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.

V. Enforcement

Violation of this AUP may subject Client to international, federal, and/or state civil and/or criminal liability, including without limitation, all Ohio and United States Federal law. Client activity that facilitates a violation of this AUP by any Client constitutes a violation of this AUP by Client. EBC reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that EBC, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to EBC's interests or the interests of others. If access is terminated, EBC, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Client's data stored on Service.

EBC reserves the right to fine client in upwards of $500 to cover damages from Clients violation of EBC’s Terms of Service and/or AUP, plus receive payment for the remaining unpaid duration of client’s contract with EBC. EBC does not have to give client further services if the Client has violated EBC’s Terms of Service and/or AUP, even if EBC successfully charges Client for services EBC rendered in the past, and would render in the future if Client were not found in violation of EBC’s Terms of Service and/or AUP.

VI. Term

The term of all Hosting Services accounts with EBC is a 12-month term, beginning on date that the Client placed an order via a YourBizz.com, Inc. web site (including, without limitation www.ebusinesscomplete.com, and ebusiensscomplete.com), or placed an order via phone, email, mail, or fax. Client agrees that EBC can terminate service without cause with 7-days written notification to Client's mailing address given at time of purchase, or Client's email address given at time of purchase.

VII. Prohibited Actions & Penalties

Client may not distribute, resell, give away, or sell any of EBC's products or services without EBC's prior written permission. If Client does distribute, resell, give away, or sell any of EBC's services without EBC's prior written permission, he/she will pay any legal fees that EBC will incur as a result of any legal action EBC may take against Client. In addition, the Client that EBC is taking action against will pay the maximum fee to EBC allowed by law.

If one ever purchases or signs up for an automatic renewal package with EBC, he/she may ONLY place that automatic-renewal on hold for a total of 7 days during the duration of that contract. If one would like to place the account on a paid hold, it can be placed on paid hold for the fee of $50.00/week. When the account is then taken off of paid hold, the product, service, or item will be serviced and billed as it had been prior to the paid hold.

If a Client of EBC issues a chargeback, and the chargeback is over turned, the Client will pay for the product that he/she originally ordered, plus the Client will pay the maximum fee allowed by law. The Client of EBC will be held liable for any damages that may result from the false information that is given to EBC, or any of its associated parties. The Client will pay any legal fees that EBC will incur as a result of any legal action EBC may take against the Client.

If a Client of EBC issues a chargeback, and the chargeback is over turned, the Client will be billed the maximum amount allowed by law. The Client of EBC will be held liable for any damages that may result from the false information that is given to EBC, or any of its associated parties. The Client will pay any legal fees that EBC will incur as a result of any legal action EBC may take against the Client.

When buying a product or service from EBC, a Client is obligated to pay for what is ordered. If the Client does not pay EBC the full amount of their bill within 30 days of the due date the service will be cancelled, and EBC will contact collection services, which will take action against the Client.

For all Clients, excluding those Clients who ordered Web Page Design services and Hosting Services from EBC and have a contract that has explicitly spread out payment due dates, the due date of a payment is due the date that Client ordered a product or service from EBC and the payment is due in full.

If a Client does not make a payment within 3 days of a payment due date, the Client will be billed a late payment fee of $55, and a subsequent late payment fee of $10 per day after that. Client gives EBC authority to charge amount due on the due date to a Client's bank card, checking account, or to the Client themselves. Client also gives EBC authority to charge past due sums of money to a Client's bank card, checking account, or to the Client themselves.

If a Client does NOT pay for something that is ordered within 30 days of the original due date, after it is agreed by the Client the he/she/it would pay for it, either by emailing, faxing, mailing, or phoning EBC an order, he/she will pay the maximum fee allowed by law, plus the purchase price, and the Client will be held accountable for any legal fees, labor fees, and collection fees that EBC would have as a result of the clients action. In addition, all services will be cancelled. The Client understands that a collection agency will be contacted. The collection agency will ensure that EBC is paid for all products and services ordered by the Client. The non-paying client's name, business, email address, web page address and phone number(s) will be sent to other businesses and these businesses will be notified not to do business with the Client. EBC reserves right to report past due clients to the Credit Bureau.

If a Client orders a product or service via the a YourBizz.com, Inc., owned web site, including without limitation www.ebusinesscomplte.com and ebusinesscomplete.com, or places an order via fax, phone, email, or mail and then cancels the order after the order for that product or service has been placed the Client must pay EBC 100% of the final purchase price.

A person MAY NOT use the company name of EBC a URL of EBC, or anything associated with EBC, without the expressed written permission of EBC.

Client does not own the code from Web Site Design projects until EBC has been paid in full. EBC retains full ownership of coding until EBC has been paid in full for all labor and costs EBC has incurred on a Client's Order. Client may not store code either on client’s own computers or any other computer in existence until EBC has been paid in full for all labor.

VIII. Fees & Additional Information

A Client of EBC agrees to pay all fees and prices in full that are advertised on www.ebusinesscomplete.com and ebusinesscomplete.com. In addition, a Client understands that Support for a website receiving Hosting Services from EBC, costs $55/hour after the client has used up the 1 free hour of support that comes with all EBC Hosting Services accounts every month.

A Client of EBC that is receiving Hosting Services, including without limitation, web site hosting services, a web site builder product/service, and/or a web store builder product/service must contact EBC if Client desires to change billing information. A Client of EBC must keep their billing information with EBC up to date. EBC will bill the Client via the most up to date billing information the Client gave to EBC. All clients of EBC are expected to pay in advance via check or money order or pay in advance via Visa, Mastercard or Discover. If Client does not pay in advance via check or money order a Client's credit card on record will be billed monthly for services to be rendered and services rendered.

A Client of EBC that ordered Web Site Design services from EBC, agrees that Web Site Design services costs $55/hour. If a client orders additional Web Site Design services from EBC after an Order is completed the Client understands that they must pay $55/hour to EBC for all services rendered by EBC.

A Client of EBC understands that some specialized forms of Web Site Design, especially backend Web Site Design can cost as much as $150/hour. However, a client must be informed of a charge greater than $55/hour in writing, in advance of a project beginning. In order for EBC to charge client more than $55/hour EBC must have Client's written permission with a signature. Once EBC has the Client's written permission and signature, a Client will be charged per hour as stipulated in the Client's contract.

If a Web Site Design Order takes more hours than given in the initial quote, EBC can not charge Client additional fees for the first 10 hours of additional work, so as long as EBC has failed to complete the order as stipulated in the contract, otherwise EBC can charge Client $55/hour. After the first 10 hours of additional work, over the original estimate time quote, EBC can charge Client $55/hour for all additional services. The previous sentence can only be used to EBC’s advantage, when in EBC’s opinion the Client is stealing code from EBC, or if the Client has changed the Client's mind about what the Client wants in such a matter that it causes several hours of additional labor for EBC.

The Qualified MOTO/Internet Discount Rate, is the discount rate quoted on a proposal send by EBC and it will be charged on all manually keyed or Internet bancard transactions that are electronically authorized, closed in a daily batch, have AVS (Address Verification Service), an Order Number and reply to the Mail/Telephone Order prompt with an "Exact Match." All bancard transactions that do not meet the requirements stated above will be charged a "Non-Qualified Rate" which is listed on the Merchant Application. Visa/MasterCard business card transactions and manually keyed foreign card transactions will always be charged the "Non Qualified Rate." Pricing and rules are subject to change as the AUP and Terms of Service of EBC are modified. The change takes effect as soon as the new AUP and Terms of Service of EBC are posted on this website. In addition, pricing and rules are subject to change as agreed to by a Partner of EBC and Referral of EBC.

All Merchant Services agreements will entail a monthly minimum fee unless explicity stated otherwise.

Clients of EBC that order Merchant Services through EBC are only guaranteed the pricing and features in their proposal for website design/development services if they successfully fill out a North American Bancard Merchant Application and are accepted as a Merchant of North American Bancard. Client agrees to the pricing and terms which will be stated in their North American Bancard Merchant Application. If Client is rejected by North American Bancard, Client and EBC must renegotiate and replan their eCommerce integration pricing and time line. No funds paid to EBC will be refunded if Client fails to apply and/or be accepted as a Merchant of North American Bancard. Instead, Client and EBC must renegotiate and replan their eCommerce integration pricing and time line. The pricing and time line for completion given by EBC to Client shall remain the same or increase, even if features in the Order decrease. Client agrees to complete the Order with EBC and pay EBC a minimum of all funds due in the Order.

EBC can not be held liable or responsible for delays in a Order due to Client's hosting setup, lack of communication, slow communication, miscommunication, and/or changing of objectives in the course of a project.

All merchant accounts are referred to and processing services are provided by North American Bancard, a registered ISO/MSP of HSBC Bank USA, National Association, Buffalo, NY. By applying for a Merchant Account through eBusinessComplete.com, Client agrees to EBC's Terms of Service and AUP. Anyone who agrees to receive Merchant Services through a Partner of EBC agrees to the Terms of Service, Terms and Conditions, contract(s), pricing, and rules of that MSP and/or ISO.

Free maintenance which is sold with an Order, is only given if explicitly stated in a Client's Order. Free maintenance includes up to 3 hours of free website development service in a consecutive 30 day period.

A Client and/or a person/entity must read and understand all contracts, AUP's, and Terms of Service before purchasing or receive a good or service from EBC of an EBC Partner. By purchasing or receiving a good or service from EBC of an EBC Partner, a person agrees that they have read and understand all obligations, contracts, AUP's, and Terms of Service.

Any person who agrees to these Terms of Service and AUP understands and guarantees that they have authority to agree to these Terms of Service and AUP and that their agreement is binding.

IIX. Indemnity

A Client agrees not to hold EBC, its employee's, associates, contractors, or officers liable for any damages related to any action taken or not taken by EBC its employee's, associates, contractors, or officers.

EBC, its owners, contractors, employees, and associates, WILL NOT be held liable for any liquidated or consequential damages. Furthermore, EBC, its owners, contractor's, and associates, WILL NOT be held liable for damages that happen to Clients business, computer, or anything as a result of any of EBC's products and services.

IX. Guarantees

All products and services given and sold by EBC are given and sold by EBC on an "as is" basis. Client accepts all products and services bought and received from EBC on an "as is" basis. Under no circumstances can a Client, or anyone who has a relationship with Client, hold EBC or its owners liable for any damages that may result from the use of any of EBC's products and services.

EBC’s marketing services are not guaranteed to generate sales.

Hosting Services provided by EBC offer a 99.9% up-time guarantee. If a Client notices that their web site/data is not accessible the Client should immediately document the exact time that the down time started as well as the time that the Down Time ended. Upon first noticing Down Time a Client should run a Tracert to their domain name and to their IP address with EBC. The client should save a record of both tracerts and email it to customerservice@ebusinesscomplete.com along with the exact time the Client first noticed the problem.

If Down Time is found to be EBC’s fault, EBC will issue a 50% credit to the Client, for that month’s Hosting Services fee so as long the Down Time exceeds .1% of the total hours in a given month, the Client documented the Down Time, and the client contacted customerservice@ebusinesscomplete.com about the Down Time within 30 days of the incident and asked for an account credit. The credit will be put toward the Client’s next month’s hosting fees.

X. Governance

This Agreement is governed by and will be construed in accordance with the laws of the State of Ohio. Any claim brought pursuant to or under this Agreement shall be brought in a court of competent jurisdiction in the State of Ohio within Cuyahoga County. The parties agree to submit to in personam jurisdiction in the State of Ohio within Cuyahoga County. If any part of this Agreement is not enforceable, the remaining provisions will remain valid and enforceable. In performing its obligations under this Agreement, each Client agrees to comply with all laws and regulations applicable to it.

The Client agrees to indemnify and hold EBC harmless from and against all losses, liabilities, damages and expenses (including attorneys' and collection fees and expenses) resulting from any breach of any covenant or agreement or any misrepresentation by the Client under this Agreement, or arising out of the Client or the Client's employees' gross negligence or willful misconduct in connection with the Client's business.