Welcome to Zee Creative, Inc. The terms “us”, “we”, “our”, “Company” or “Zee Creative” refers to Zee Creative, Inc. The terms “you”, “customer”, or “client” refers to the user of the services we provide. The terms “site” or “website” refer to the Zee Creative website, zcreative.com and the term “services” refers to the Zee Creative website and services and products we provide. This Agreement governs your purchase and use, in any manner, of any of the services we provide or our Website. Please review this policy carefully. Zee Creative reserves the right to change or modify any of the terms and conditions contained in this Agreement, 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 zcreative.com website. It is your responsibility to regularly review this Agreement and your failure to do so does not relieve you of complying with this Agreement. If you do not agree to the terms of this Agreement, do not accept this Agreement. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Zee Creative of your termination of services according to the appropriate agreement or policy below. Your use of our services or site constitutes acceptance of this Agreement and you agree to be bound by the terms and conditions contained herein and guidelines incorporated by reference.

This Agreement incorporates the following items:

• Terms of Use
• Billing Policy
• Hosting Agreement
• Search Engine Optimization and Reporting Agreement
• ENewsletter Services Agreement
• Data Retention Policy
• Copyright & Trademark Notice

Terms of Use

1. Acceptance of Agreement
   You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or though the Site, and the subject matter of this Agreement

2. Copyright
   The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the services, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Service Marks
   “Zee Creative”, “zcreative.com”, “zeecreative.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the site or with the use of our Services may be trademarks of their respective owners.

4. Zee Creative 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 or provided by Zee Creative or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Zee Creative to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Zee Creative or its suppliers. Zee Creative shall also maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that may be assigned to you by Zee Creative. Zee Creative reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Please see our “Copyright & Trademark Notice” for additional information.

5. Limited License; Permitted Uses
   You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Services strictly in accordance with this Agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version on any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Restrictions and Prohibitions on Use
   Your license for access and use of the Site, Services and any information , materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the services or any Content and Materials retrieved there from; (b) use the services or any materials obtained from the services to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the services; (d) use any content and Materials from the services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the services; (f) make any portion of the services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site or services software or manual process to harvest information from the services; (i) avoiding, interfering with or disallowing any security tracking or monitoring efforts; (j) use the services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (k)use the services in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitation; and (l) export or re-export the services or any portion thereof, or any software available on or through the services, in violation of the export control laws or regulation of the United States; (m) any action which we determine, in our own judgment, will reflect poorly on us or negatively impact our operations; (n) any action which we deem to be an unacceptable use of resources, business practice or otherwise improper to us and our partners.

7. Linking to the Site
   You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us

8. Acceptable Content
   You may use our Services provided that your activities, site and/or content does not engage in or display any illegal, pornographic, or otherwise offensive nature. Any violations may result in immediate suspension or termination of your account.

9. Advertisers
   The Site and Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality of any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

10. Support
    We encourage a professional relationship with our customers. Abusive, threatening, obscene or otherwise harassing communications with us, via phone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. We have competitive product and service rates. With these competitive rates, you still have free support via email and/or phone. In most instances, we will try to assist you by email and/or phone. If any issue of support is determined to be our fault, there will be no charge for the support. If the issue is determined NOT to be our fault, you will be billed at $75 an hour with a quarter-hour ($18.75) minimum charge.

For example, but not limited to:

• Assisting you over the phone to learn or setup your own choice of software or computer;
• Making changes to your website where it causes it not to display properly and we must restore from backup, troubleshoot the page or recreate/re-code the page;
• Making changes to your email account where you can not access it;
• Making changes to your domain or DNS entries where your website/email no longer functions;
• Adding or modifying any account to include or remove services such as web or email or DNS, etc;
• Helping you remove a virus or spyware

11. Registration and your Representations to Zee Creative
    Certain sections of, or offerings from, the Site and Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
    
    You also warrant, represent, and covenant to Zee Creative that (a) you are at least eighteen (18) years of age; (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 guarantee any elements of text, graphics, code, photos, designs, trademarks, or other artwork provided for use in the services are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Zee Creative and its subcontractors from any liability or suit arising from the use of such elements; (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 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.

12. Notices
    As a customer, you understand and agree Zee Creative may send you notices regarding your services or account, either by email or regular mail. These notices include, but are not limited to, scheduled maintenance, overages and billing updates

13. Errors, Corrections and Changes
    We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the services at any time. We reserve the right in our sole discretion to edit or delete any document, information or other content appearing on the services.

14. Third Party Content
    Third party content may appear on the site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

15. Unlawful Activity
    We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
    Enforcement
    
    A.    Investigation of Violations
    Zee Creative may investigate any reported violation of this Agreement, its Legal Agreement, 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. Zee Creative will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process.
    
    B.    Actions
    Zee Creative reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, our Legal Agreement  or related policies, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies, third party rights or laws, Zee Creative 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 Zee Creative’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 Zee Creative which, in Zee Creative’s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Zee Creative to civil, criminal liability, public ridicule or poses a risk to its Services. It is Zee Creative’s policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Zee Creative to monitor or exert editorial control over the information made available for distribution via the Services. In the event Zee Creative takes corrective action due to such possible violation, Zee Creative shall not be obligated to refund to you any fees paid in advance of such corrective action.
    
    C.    Disclosure Rights
    To comply with applicable laws and lawful governmental requests, to protect Zee Creative’s systems and customers, or to ensure the integrity and operation of Zee Creative’s business and systems, Zee Creative may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Zee Creative’s servers and systems. Zee Creative 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. To the extent any inconsistency exists between any terms of Zee Creative’s Privacy Policy and Zee Creative’s right to disclose under this section, Zee Creative’s right to disclose under this section will control.
    

16. Indemnification
    You hereby release and hold harmless, and agree to indemnify, Zee Creative and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlement, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Zee Creative or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, Zee Creative’s Legal Agreement, any Addendum or any applicable policy or guideline; (b) your improper or illegal use of the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

17. Nontransferable
    Your right to use the services is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

18. Disclaimer
    THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITH OUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
    
    ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

19. Limitation of Liability
    We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable there from, (b) the unavailability or interruption of the services or any features thereof, (c) your use of the services, (d) the content contained in the services, or (e) any delay or failure in performance beyond the control of a Covered Party.
    
    THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

20. Use of Information
    We reserve the right, and you authorize us, to the use and assignment of all information regarding site and Services used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
    
    Zee Creative may, free of any obligations to pay compensation, use your name and identify you as a Zee Creative client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

21. Third Party Services
    We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.

22. Third Party Merchant Policies
    All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

23. Privacy Policy
    Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking here.

24. Payments
    You represent and warrant that if you are purchasing something from us or from Merchants that (a) any credit information you supply is accurate and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
    
    Our Billing Policy, as it may change from time to time, is a part of this Agreement. You must review this Billing Policy by clicking here.

25. Refund and Return Policy
    Refunds for goods and services you purchase directly from us are processed according to our billing policy, which can be viewed by clicking here. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at customerservice@zcreative.com.
    

26. Links to Other Web Sites
    The Site and our Services contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk

27. Copyrights and Copyright Agents
    We respect the intellectual property of others, and we ask you to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
    • A description of the copyrighted work you claim has been infringed
    • A description of where the claimed infringing material is located on the Site
    • Your name, address, telephone number and email address
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached by directing an email to the Copyright Agent at customerservice@zcreative.com.

28. Information and Press Releases
    The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

29. Legal Compliance
    You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the services and the Content and Materials provide therein.

30. Refusal of Service
    We reserve the right to refuse service to anyone for any reason we deem appropriate, including, but not limited to, violation of our Legal Agreement or non-payment of services.

31. Headings
    The section headings used in the Zee Creative Legal Agreement and included agreements and policies are for reference and convenience only and shall not enter into the interpretation hereof.                               

32. Miscellaneous
    This Agreement shall be treated as though it were executed and performed in Billings, Montana, and shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles). Any cause of action by you with respect to the services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 18 and Section 19 above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.                                       
    

33. Arbitration
    Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Billings, Montana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Billings, Montana necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Billing Policy
This Billing Policy, as part of Zee Creative’s Legal Agreement, applies to ALL of our customers. Please review the following terms carefully. If you do not agree to these terms, you should not use this site or the services. The term "plan" refers to any product, service or item billed on a recurring interval. Web Services include, but are not limited to, Hosting, Search Engine Optimization (SEO) and ENewsletter services. Any questions or comments regarding this document should be forwarded to the Company at the following address: billing@zcreative.com.

Payments and Billing Intervals
All prices shown are in US currency. Payments to us are to be made in US currency and must be drawn from a US bank.

We accept the following types of payment:

• Check or Money Order
• Credit Card (VISA, MasterCard, American Express, Discover)
• PayPal

Web Services

Payment
All payments are due on the invoice date. The invoice date is the anniversary of the date the account was activated. If you provide us your credit card information, you are authorizing us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with this policy. Subsequent charges will be automatically charged to your credit card on the next invoice date. You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to card number, e-mail address, expiration date, billing address, or card status). If a transaction is declined and not resolved within 72 hours, your Hosting service may be suspended (see Suspended Accounts for additional information).

Customers not paying by credit card are to make payment of their balance due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended (see Suspended Accounts for additional information).

Programming, Design and Print
Programming, Design and Print services that have a contract or other written agreement are governed by the billing terms in the contract or agreement. Once the contract or agreement has been completed, these services revert to the billing terms stated in this policy.

1. Support
   All work is created to be compatible with all current browsers and other Internet software and technology at the time of production. Any alterations or additions required post-production as a result of a technological industry advance, exploits or similar will be billed accordingly.
   
   It is your responsibility to review any work done and report any problems, errors or bugs within thirty (30) days. Any items reported after the thirty day period will be billed accordingly.
   
   
2. Payment
   All payments are due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended. A past due status may lead to suspension of any work currently in our office and all new work requested, (see Suspended Accounts for additional information). You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to e-mail or billing addresses)

Other Services                                                                                                                       Other Services, including but not limited to domain registrations, domain renewals, SSL certificates, etc., may require prepayment. If prepayment is not required, billing will be governed by the "Programming, Design and Print" section of this Billing Policy.

Account Information                                                                                                       You agree to provide Zee Creative with accurate and updated account information. This includes but is not limited to name, address, phone number, email address, and payment information. It is not Zee Creative’s responsibility if we are unable to contact you as a result of inaccurate account information. Any changes to your account should be sent to billing@zcreative.com. We will send you a confirmation notice when we receive and update your account. If you do not receive a confirmation within two (2) business days, please contact us immediately.

Past Due Accounts
Finance charges are applied to past due accounts at a rate of 1.5% per month (18% annual rate), with a $1.00 minimum charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fee, court costs, and collection agency fees.

Zee Creative reserves the right to require credit card auto billing or prepayment for accounts that are repeatedly past due.

Suspended Accounts

Web Services
You will be charged a $75 account reactivation fee for service suspended due to a billing-related issue. It is your responsibility to maintain a valid and working email address listed with our billing department at all times while service is being provided. Renewal invoices are sent via email to the contact email listed on your account. Failure to receive a renewal invoice does not compose grounds for non payment of renewal. Accounts that are not reactivated within seven (7) days of suspension will be closed and removed from Zee Creative’s servers. A customer wanting to reactivate an account that has been closed will be subject to the fees stated below under “Reactivation”.

Programming, Design and Print
The account must be brought current before work can continue or start. It is your responsibility to maintain a valid and working email address listed with our billing department at all times work is being completed. Failure to receive an invoice does not compose grounds for non-payment.

Disputes
If you have a dispute on an invoice you must provide us written notice explaining the dispute within sixty (60) days of the invoice date. No disputes will be accepted or acknowledged beyond these sixty (60) days. Dispute notices should be sent to billing@zcreative.com or Zee Creative, PO Box 50179 , Billings , MT 59105.

Account Renewals
In order to insure uninterrupted service to your website and related services, all plans will automatically renew at the end of the plan’s billing interval. Plan renewal charges are based on the current rate on the date of renewal according to the service selected. Plans are renewed for the same billing interval. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Invoices and Statements
ALL invoices and statement are e-mailed. You are required to keep a valid billing email address at all times. If paper billing is required, we can provide paper invoices and statements, if requested, for a monthly fee of $10.

Fees

1. Returned (NSF) checks
   We charge a $30 processing fee for returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order.
   
   
2. Credit Card Chargebacks
   We have a zero tolerance for chargebacks. Customers who dispute a credit card payment are subject to a fine, suspension and account termination at our discretion. A $35 processing fee will be assessed to all accounts that receive a chargeback.
   
   
3. Reactivation
   Customers that choose to reactivate a closed account will be charged a $100 reactivation fee. Backups for hosting accounts are only kept for seven (7) days. If we are required to go to other sources to restore your data for accounts closed for more than seven (7) days, you will be subject to additional fees. We do not guarantee that your data will be available in those other sources for accounts closed for more than seven (7) days. 
   
   
4. Hosting Plan Changes
   Customers electing to change to a lower priced hosting plan on the same platform will be charged a $35 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan; however, you will be charged any difference between the plan fee applicable to your new and prior plans.
   
   
5. Account Splits and Mergers
   We encourage customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that we separate one or more plans contained in one account into separate accounts. The fee for this service is $35 for each new account created and is charged to the new account. Please direct all requests for these services to: billing@zcreative.com.

Cancellations/Terminations

Web Services
Our plans will automatically renew until a plan is canceled. In order to cancel service, you must contact us during business hours, Monday through Friday 8:00 a.m. to 5:00 p.m. Mountain Time, at 1-866-259-6730. Please note that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact us via email at billing@zcreative.com.

Cancellation requests must be received by us a minimum of thirty (30) days prior to the end of your billing interval. Cancellations submitted later than this time may result in your plan being automatically renewed. Your account will be canceled at the end of the current term, unless you request an earlier date. We will confirm the cancellation request when it is received. If you do not receive a confirmation notice, please contact us immediately. It is your responsibility to remove any data from Zee Creative’s server when you cancel your service. A $75 fee will be charged if you request Zee Creative to backup and send your files to you.

We do not monitor or automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our services..  

Programming, Design and Print
Your account may be canceled at any time by you. To cancel your account, you must contact us during business hours, Monday through Friday 8:00 a.m. to 5:00 p.m. Mountain Time, at 1-866-259-6730. Non-US customers may contact us via email at billing@zcreative.com. Cancellation of your account does not relieve you from paying any outstanding balance owed on your account. We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate.

Liabilities and Obligations on Cancellation
Should your account expire or be canceled for any reason, Zee Creative will not be liable to you because of such expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such expiration or cancellation. Expiration or cancellation of your account does not relieve you from paying any outstanding balance owed on your account.

We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate. Only accounts canceled by Zee Creative for other than billing problems or violation of Zee Creative’s Legal Agreement may be due a pro-rated refund of any pre-paid fees. 

30-Day Money Back Guarantee
Each of our hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation.

Examples of services that DO NOT qualify for the 30 Day Money Back Guarantee:

• Web or graphic design
• Search engine optimization
• Additional items and services
• Domain name registration
• Dedicated services
• Reseller program items and services
• Domain parking
• Overage fees
• Consulting

Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Billing/Price Changes
You agree to pay for all charges attributable to your use of the Services at the then current Zee Creative prices, which shall be exclusive of any applicable taxes. You shall be 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. Our policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Hosting Agreement
Welcome to Zee Creative’s web hosting services. This Hosting Agreement, as part of Zee Creative’s Legal Agreement, governs your purchase and use, in any manner, of all web hosting services, including the Shared Hosting Services and the Dedicated Hosting Services, (collectively, the "Services") as described on zcreative.com, ordered by you and accepted by Zee Creative, and describes the terms and conditions that apply to such purchase and use of the Services. For purposes of this Agreement, the Shared Hosting Services include the E-Commerce Services. You must register and accept the terms of this Agreement in order to use the Services.

Use of Services

1. Term
   Hosting shall be for an “Initial Term” of either (a) three (3) months, (b) six (6) months, or (c) twelve (12) months if you register for Shared Hosting Services, or (d) twelve (12) months from the order date if you register for Dedicated Hosting Services. Hosting 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 Zee Creative with notice of termination at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable. You must provide Zee Creative with your notice of termination according to the “Cancellation/Termination” section of the Billing policy. Upon canceling your service, you may be asked to provide Zee Creative with additional customer identification information so that Zee Creative may properly identify you and your account.
   
   
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) Zee Creative shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Zee Creative’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Zee Creative according to the Cancellation Section of the Billing Policy.
   
   
   Important Notice
   In the event you need to cancel, please specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon completion, unless you notify us you would like to cancel your account.
   
   
3. Material and Product Requirements
   Unless you have contracted Zee Creative to create your web content and/or maintain it for you, you must ensure that all material and data placed on Zee Creative’s equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Zee Creative. Zee Creative will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Zee Creative has the option at any time to reject this material. Zee Creative 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 Zee Creative. 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 Zee Creative’s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Zee Creative.
   
   
4. Bandwidth, Storage, and Email Usage
   You agree that use of the Services hereunder will not exceed the bandwidth, storage and email usage limits outlined for your plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed email storage and attachment size limitations, Zee Creative may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that Zee Creative elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Zee Creative’s servers are not intended to be used for permanent storage of your emails. You are expected to download email onto your local computer via an email client, such as Microsoft Outlook, Mozilla Thunderbird or similar program. Webmail is provided as a convenience and should not be used as a primary email/calendaring system.
   
   
5. Domain Names
   As part of the Services, you will provide Zee Creative with a registered domain name(s) or Zee Creative will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any OpenSRS or other registration services’ policies, or any law or regulation. You agree to promptly reimburse Zee Creative for any fees paid by Zee Creative for registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Zee Creative will attempt to register an alternative domain name chosen by you. You agree to be bound by the terms of Zee Creative’s and OpenSRS’ then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Zee Creative of any fees paid with respect to the registration of such unusable domain name.
   
   
6. File Backup
   Zee Creative is not responsible for Client’s files residing on Zee Creative’s servers. These files include, but are not limited to, all website files, email, calendars, contacts and database files. You are solely responsible for independent backup of data stored on our servers. There are multiple ways you are able to access and backup your data. If you need additional information on these options please contact us at customerservice@zcreative.com. Zee Creative performs regular backups on a daily basis for emergency purposes, but we cannot be held responsible for any lost data files, email or other.
   
   
7. Your License Grant to Zee Creative
   You hereby grant Zee Creative a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Zee Creative 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.
   

Disclaimed Warranties
You acknowledge and agree that Zee Creative exercises no control over, and accepts no responsibility for, the content of the information passing through Zee Creative’s host computers, network switches and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER 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, ZEE CREATIVE 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, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Limitation and Exclusion of Liability

1. Limitations
   IN NO EVENT SHALL ZEE CREATIVE OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ZEE CREATIVE NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO ZEE CREATIVE’S OBLIGATIONS UNDER THIS AGREEMENT, ANY ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ZEE CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF ZEE CREATIVE AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ZEE CREATIVE BY YOU UNDER THIS AGREEMENT AND ANY ADDENDUM DURING THE THREE (3) MONTHS 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 ZEE CREATIVE HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ZEE CREATIVE AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION A.
   
   
2. Interruption of Service
   You hereby acknowledge and agree that Zee Creative and its suppliers will not be liable for any temporary delay, outages, or interruptions of the Services. Further, Zee Creative 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).
   
   
3. Service Level Agreement (SLA)
   
   
   1. 99.99% Uptime Guarantee
      Zee Creative’s network uses multiple, redundant, high-speed connections providing fast, reliable connectivity. We understand the importance of providing a reliable service and have developed the following level of service to ensure maximum performance and uptime. The Zee Creative Service Level Agreement (SLA) provides for network quality and web site availability.
      
      
   2. Coverage
      These guidelines apply to Zee Creative customers that have registered for either Shared Hosting Services or Dedicated Hosting Services (collectively, the "Services") and who are in good financial standing with Zee Creative, Inc.
      
      
   3. Service Level
      In a given month Zee Creative endeavors to have the content of customer’s web site available for http access by third parties 99.99% of the time ("Web Site Availability"), excluding the restrictions below. Downtime exists when third parties are unable to transmit and receive data and Zee Creative records such failure within its monitoring systems. Downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
      
      
   4. Credits
      In the event that there is not Web Site Availability, Zee Creative will credit the following month’s service fee as follows.
      
      For Shared Hosting services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
      
      

      Customer Web Site Availability	Credit
      95% to 99.98%	25% credit
      90% to 94.9%	50% credit
      89.99 % or below	100% credit

      
      For Dedicated services, if the Web Site Availability is between 89.9% and 99.98% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer’s services, during the month and the calculated actual level of availability of the customer’s services, multiplied by the actual charges incurred by the customer for the services during that month. In addition, for Dedicated services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
      
      

      Minutes of Continuous Downtime	Credit
      60 to 179 Minutes	25% credit
      180 Minutes or More	50% credit

      
      In order for a customer to receive a credit on their account, the customer must request such credit within seven (7) business days after customer experienced no Web Site Availability. Customers must request credit by sending an email to our billing department. For security, message must contain customer name, the dates and times of the unavailability of customer web site, and such other customer identification requested by Zee Creative. Credits will usually be applied within sixty (60) days of customer credit request. Credit to customer account will be customer’s sole and exclusive remedy in the event that there is no Web Site Availability.
      
      
   5. Restrictions
      Credits will not be provided to a customer in the event that the customer has no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time via email bulletins, direct mail and at zcreative.com, (ii) customer behavior including acts or omissions of customer, or any use or user of the service authorized by customer, or the performance or failure of customer’s equipment, facilities or applications, or customer’s ISP or connection to the internet, or (iii) circumstances beyond Zee Creative’s reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of customer’s service.
      

Use of Services

1. Term
   This Agreement shall be for an “Initial Term” of six (6) months. 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 Zee Creative with notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable. You must provide Zee Creative with your notice of termination according to the Cancellation section of the Billing Policy. Upon canceling your service, you may be asked to provide Zee Creative with additional customer identification information so that Zee Creative may properly identify you and your account. Any notice of termination will be effective on the date specified in the notice.
   
   
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) Zee Creative shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Zee Creative’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Zee Creative according to the Cancellation Section of the Billing Policy.
   
   
3. Content Development
   1. Zee Creative Obligations
      Zee Creative agrees to provide you with Search Engine Optimization and Reporting Services as described in this agreement. Zee Creative is authorized to use the specific keywords and/or phrases agreed upon for development, improving the ranking of, and/or positioning the contents of your URL/website in the search engines and/or directories that are most frequently used by the general public which are defined below. SEO Services are intended to provide the client with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:
      
      
      1. Research keywords and phrases to select appropriate, relevant search terms. Number of keywords is controlled by the package purchased.  Additional keyword purchases will require additional fees or package upgrade.
         
         
      2. Edit various html tags and page text as necessary prior to submission to selected search engines and directories.
         
         
      3. Create as required, additional web pages for the purpose of "catching" keyword/phrase searches.
         
         
      4. Hand-submit your pages to the engines and directories stated in this agreement.
         
         
      5. Create positioning reports for main site and any associated pages showing rankings in the major search engines and under which keywords.
         
         
   2. Your Obligations
      For the purposes of providing these services, you agree to provide:
      
      
      1. Give Zee Creative FTP access to the main site for uploading new pages, and making changes for the purpose of optimization.
         
         
      2. Authorize Zee Creative use of all client logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Zee Creative for search engine positioning and optimization according to your package.
         
         
      3. If your site is light in textual content, you will provide additional relevant text content in electronic format for the purpose of creating additional web pages. You agree to provide content, for example an "article" on each of their keyword phrases.
         
         
   3. Search Engine Listing
      Selected search engines* include:
      
      
      • Google
      • Yahoo
      • MSN
      • DMOZ
      • Exact Seek
      • Search.com
      • Various smaller search engines
      • Category and local search engines
        
        *Top Major SE and SE names may change without notice
        
        
4. Limitation of Liability
   You acknowledge the following with respect to services:
   
   
   1. Zee Creative has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Your site may be excluded from any directory at any time at the sole discretion of the search engine or directory. Zee Creative will resubmit those pages that have been dropped from the index.
      
      
   2. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Zee Creative does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term. However, if Zee Creative fails to achieve 3 top 30 positions in the major search engines, Zee Creative will start over "SEO" services with no cost to Client.
      
      
   3. Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list your site.
      
      
   4. Occasionally, search engines will stop accepting submissions for an indefinite period of time.
      
      
   5. Occasionally, search engines will change their policies during or after submitting your site.
      
      
   6. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will "reappear" without any additional submissions. Should the listing not reappear, Zee Creative will re-submit the site based on the current policies of the search engine in question.
      
      
   7. Some search directories offer expedited listing services (P.P.C.) for a fee. Zee Creative encourages clients to take advantage of these expedited services.  The Client is responsible for expedited service fees, example Google, unless otherwise noted in the package purchased.
      
      
   8. Zee Creative is not responsible for changes made to the Web site by you or other parties that adversely affect the search engine rankings of your Web site. You will be billed accordingly if we are required to reconstruct the tags, keywords, pages, etc.

ENewsletter Policy

Use of Services

Term

This Agreement shall be for an “Initial Term” of six (6) months. 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 Zee Creative with notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable. You must provide Zee Creative with your notice of termination according to the “Cancellation/Termination” section of the Billing policy. Upon canceling your service, you may be asked to provide Zee Creative with additional customer identification information so that Zee Creative may properly identify you and your account. Any notice of termination will be effective on the date specified in the notice.

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) Zee Creative shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Zee Creative’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Zee Creative according to the Cancellation Section of the Billing Policy.

General eNewsletter Rules and Guidelines
Our eNewsletter system has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your Company. You may not use the eNewsletter service for the purpose of sending unsolicited email, or "Spam". Zee Creative respects anti-Spam laws and asks you to act accordingly. You may not use the eNewsletter service for purposes of breaking the law. You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. The eNewsletter service may not be used to send eNewsletters to individuals that have not opted-in to receive information via email from your company.

All eNewsletters sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.

All eNewsletter must comply with the following:

1. Message must originate from a valid address.
2. Your company name, address, city, state, zip code and phone number must be clearly included.
3. Unsubscribe must be clearly visible.
4. Customer must comply with unsubscribe requests within 7 business days. An unsubscribed email address should not receive any further emails. You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list. You must provide us with a copy of such records upon our request.

Zee Creative’s eNewsletter service gives its users all the tools necessary to build and maintain an opt-in email list. Our system allows you to import existing lists of email addresses. The email addresses that are imported must have opted in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using our Service, Zee Creative will investigate claims of unsolicited email messages sent using the Service. If Zee Creative determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.

Special Email Provisions
Adding New Members: You will use a "single opt-in" or "double opt-in" (signup plus confirmation) subscription method for all new list members. For the purpose of this Agreement, a "double opt-in" method shall mean that when you add a new member’s email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation email from you requesting the member’s consent to be added to the list, and Zee Creative receives from the new member a confirmation action (such as a confirming email from the new member’s email address) approving such action. The confirmation email sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription.

Importing Members:  You may only import members previously obtained directly by you using the "single opt-in" or "double opt-in" (recommended) procedures described above. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.

One-Time Mailings: You may not use the Service for one-time mailing to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. Failure to comply with any provisions of this or any other Policy will result in an immediate termination of service, and no monies paid to Zee Creative will be returned. You agree to hold Zee Creative, any assigns or partners, officers and staff, harmless and defend from any and all civil actions relating to your use or abuse of any Zee Creative product or service.

Content: Some content (both subject and body content) cannot by sent through the eNewsletter service under any circumstances. This includes the following but is not limited to:

• Gambling
• Betting
• Lead sales
• Pornography/adult content
• Pharmaceutical
• Promotion or sale of products or services that are deemed unlawful within the United States
• Work-at-home offers promoting "get rich quick", "build you wealth" and "financial independence" offerings
• Grossly offensive content such as promoting hatred, bigotry, intolerance of religious beliefs, racism or any other content that Zee Creative, at its sole discretion, may deem to be offensive
• Introduces any computer viruses, worm or software that is detrimental the recipients
• Any content that is in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides

If you are unsure about how this applies to your eNewsletter, please contact us before using the service.

Anti SPAM policy
Zee Creative expressly forbids SPAM (the term SPAM meaning the sending of unsolicited email to parties unknown to the sender). Zee Creative has a zero tolerance SPAM policy. Any customer found to be using our eNewsletter service for SPAM will have their account subject to immediate termination.

Our eNewsletter service may only be used in connection with email lists for which recipients have voluntarily registered. Using our eNewsletter service to send email to an address you obtain without the consent of such addressee is a violation of this Policy and Zee Creative’s Legal Agreement. You may not import any email addresses to your list that have not chosen to receive your mailings. You may only send email to customers that have willingly signed up to receive your mailings. If Zee Creative receives complaints about your list, your account is subject to immediate termination. You may not send email under any company or organization name other than your own and/or with fraudulent header or source information.

You are responsible for the contents of your eNewsletters and the consequences of any such messages. We do not assume any responsibility or liability for content created by you. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person’s proprietary information (including trademarks, trade secrets or copyrighted information) without express authorization from the rights holder.

We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.

Indications you might be sending SPAM:

• You purchased or rented a list.
• You are sending to general addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com or other general addresses.
• You are mailing to anyone who has not agreed to receive email from you.
• You have falsified your originating address or transmission path information.
• You have used a third party email address or domain name without their permission.
• Your subject line contains false or misleading information.

User Guide Elements
The eNewsletter service is an opt-in marketing system.

When using the eNewsletter service you must ensure that the following criteria are met for outgoing eNewsletters:

• The from address is a valid email address
• Your full contact information including mailing address and phone number is included in the eNewsletter
• An unsubscribe link is clearly viewable in your eNewsletter
• You will review and abide by all Can-Spam requirements

You must also agree to follow standard Internet etiquette for email and state/federal laws which offer the following usage provisions:

• You must not harvest email addresses.
• You may only send out to those individuals that have given you explicit permission to email them.
• You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this address unless the email address owner provides permission and rescinds the unsubscribe request.
  

Disclaimed Warranties
You acknowledge and agree that Zee Creative exercises no control over, and accepts no responsibility for, the content of the information passing through Zee Creative’s eNewsletter service. ALL SERVICES PERFORMED HEREUNDER 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, ZEE CREATIVE 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, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Data Retention Policy

Zee Creative is not responsible for Client’s files residing on Zee Creative’s servers. These files include, but are not limited to, all website files, email and database files. You are solely responsible for independent backup of date stored on our servers. There are multiple ways you are able to access and backup your data. If you need additional information on these options please contact us at customerservice@zcreative.com. Zee Creative performs regular backups on a daily basis for emergency use, but we cannot be held responsible for any lost data files, email or other.

On-Going Account Data

1. The System will store data of your website, SEO information, or eNewsletter content as long as your account is current and active.
2. If data is removed (User deleting website files, databases, newsletters, etc.) the system will remove the data permanently from the primary servers immediately. The same data will be present in our backup systems for 7 days, after which it will be removed from all our systems.
3. Restores can be made providing the data was available at the time of backup, at an hourly rate of $115 per hour. If there is a system or hardware failure on our part, a restore will be done for no charge.

Cancellation of Service

1. Upon cancellation of service, the data in your account will be removed from our primary servers within 48 hours of cancellation.
2. After 7 days, your data is removed from all our systems including our backup systems.
3. Restores can be made providing the data is still in our backup systems, at an hourly rate of $115 per hour.

Copyright & Trademark Notice

Copyright

1. zcreative.com, the material on zcreative.com, the software, design, text and graphics comprised in zcreative.com and the selection and layout of zcreative.com, unless explicitly stated otherwise, are owned or licensed by us and protected by copyright under the laws of the United States and other countries.
2. You may view this website and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting the site.
3. You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with Zee Creative’s prior written consent.

Trade Mark Notice
This site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word ZEE CREATIVE, zcreative.com, the Zee Creative logo, the Z logo, and All Things Web. You may not use these trade marks or the names "Zee Creative, Inc.", "Zee Creative" or "zcreative.com".

Linking to third party sites
This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Zee Creative of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk.

Framing
You must not frame any of the material appearing on zcreative.com without Zee Creative’s prior written consent.

Last updated 10/24/08