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WHEATEASETM SITE BUILDER
TERMS OF SERVICE AGREEMENT
1. Definitions. For purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
- "WheatEaseTM Web Site" means any pre-designed, customizable WheatEaseTM Web site template licensed by WheatEaseTM to end users.
- "Subscription Service" means any of the WheatEaseTM subscription service packages that are available for purchase by end users on a quarterly basis, for a quarterly fee, that combines WheatEaseTM Web Site Manager Services and Web Hosting Service, all as described on the WheatEaseTM Web site located at the URL www.ascendanthosting.com. Subscription Service does not include Starter Web Sites nor custom site services.
- "Website Manager Service" means the WheatEaseTM on-line tool that allows customers to access their WheatEaseTM Web Site, add/modify content, upload images and make generic changes to their WheatEaseTM Web Site.
- "Web Hosting Service" means the Web hosting services provided by Ascendant Hosting through WheatEaseTM as part of a Subscription Service.
2. Payment. In addition to the payment terms in Section 3 of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:
- WheatEaseTM, in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and WheatEaseTM may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly Subscription Service fee.
- Billing for the WheatEaseTM Web Site license shall be by valid credit card (acceptable to WheatEaseTM) at the time of purchase. If you elect to subscribe to the Website
Manager Service, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to WheatEaseTM) at the time of your purchase (with such payments
being charged in advance on a monthly basis) ("Monthly Website Manager Service Fee"), and you hereby agree that WheatEaseTM is authorized to so charge your credit card. WheatEaseTM,
in its sole discretion, shall determine the prices it will charge for the WheatEaseTM Web Site license or the Website Manager Service, and the terms and conditions applicable to the same, and VeriSign may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate this Agreement (or cancel your Website Manager Service subscription, as applicable) as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for any new monthly Website Manager Service fee.
3. Charges for Excess Hosting Space Usage. If you are purchasing a Starter Web Site or a Subscription Service, the amount of hosting space included with your purchase shall be as set forth on our web
site located at the URL www.ascendanthosting.com (the "Maximum Hosting Space"). You agree that in the event you exceed the Maximum Hosting Space, WheatEaseTM may, in its sole discretion, (i) charge you, and you agree to pay, an overage fee for any such excess usage as set forth on the www.ascendanthosting.com web site; or (ii) terminate your Starter Web Site and/or Subscription Service (as applicable), and all related services.
4. Conduct. You agree to be bound by the applicable provisions of the Ascendant Hosting Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of
the services described in this Agreement.
5. Cancellation. You may cancel your subscription to the Website Manager Service at any time. To cancel your subscription to the Website Manager Service you must submit your written
notice of cancellation to WheatEaseTM (as provided herein) and include the following information: (i) Your WheatEaseTM customer identification number and username; (ii) your WheatEaseTM Web Site Web address; and (iii) your reason for requesting cancellation. Unless otherwise agreed to in writing (in either paper or electronic form), your Website Manager Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received.
6. Term and Termination.
- Term. Your Subscription Service shall be on a quartet-to-quarter basis for successive quarterly periods, unless either party notifies the other of termination in accordance with this Agreement.
- Notice of Service Cancellation by You. Unless terminated earlier as provided herein, will be terminated as of the cancellation of your Subscription Service and Website Manager Service.
- Survival. In the event of expiration or termination of this Agreement or the Agreement for any reason, Sections 1 and 6 of this Agreement shall survive.
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