Rotovac Web Site Hosting Agreement

This Web Site and Virtual Dedicated Server Service Agreement ("Agreement") is by and between Rotovac Corporation. ("Rotovac"), a Washington Corporation, and You, Your heirs, assigns, agents and contractors ("You") and is effective as of the date of setup. This Agreement sets forth the terms and conditions of Your use of Rotovac’s Web Hosting services (collectively, the "Services") and represents the entire agreement between You and Rotovac. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Rotovac may establish from time to time.

1. Description of Service

Rotovac currently provides the Services to its customers for an initial setup fee. Your website is good indefinitely as long as the hosting fees are collected on the account. You have two (2) payment options for your web hosting fees. 1) Yearly plan for $200 or 2) Monthly plan at $19.95. Monthly plans automatically charge your credit card on file until you choose to cancel. Yearly hosting fees are set to renew one (1) month prior to the 1st calendar day of the 12th month from your initial setup date. You can choose to have Rotovac automatically renew your yearly hosting plan in your website agreement. Rotovac will host Your web site on a Rotovac server, provided, however, You abide by the terms and conditions set forth herein and in each of Rotovac’s policies and procedures.

2. Trial Period Return Waiver
I hereby waive my right to the Money Back Trial Period on my Rotovac Corporation product and or Business Start Up Package. 
By waiving my rights to the Money Back Trial Period I am requesting that Rotovac Corporation begin the process of building and hosting my website. 
This waiver does not override any part of the Web Hosting Agreement that I have entered into with Rotovac Corporation.

3. License of Your Web Site Content
All content that is initially provided with a website setup is owned by Rotovac Corporation. This includes written content, images, forms, logos, etc.  Any other content that is uploaded and/or written by You on your website is owned by You unless the content has specific copyrights attached to it. This includes but is not limited to images, articles, videos, content and other materials used on Your website. All copyright materials MUST have permission to be used on Your website. In the event that permission for copy written material is not obtained upon uploading and the said owner of the copyright material objects, your website will be disabled until all copy written material is removed from the website.

4. Availability of Services
Subject to the terms and conditions of this Agreement, Rotovac shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

1. Equipment malfunctions;
2. Periodic maintenance procedures or repairs that Rotovac may undertake from time to time; or
3. Causes beyond the control of Rotovac or that are not reasonably foreseeable by Rotovac, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

By purchasing these services through Rotovac you agree that Rotovac has no control of availability of the Services on a continuous or uninterrupted basis.

5. Web Site Content
Notwithstanding anything in this Agreement to the contrary, in the event You are using Rotovac hosting, in no event shall Your web site consist of the following: advertising search results, advertising registration, "thank you advertising", advertising emails or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

1. Pornographic, obscene or excessively profane content;
2. Content intended to advocate or advance computer hacking or cracking;
3. Gambling;
4. Illegal activity;
5. Drug paraphernalia; or
6. Hate, violence or racial or ethnic intolerance.
7. Content that may harm Rotovac or our industry reputation.

6. Services To Be Provided Through Rotovac

The services that are provided under the Rotovac Website Hosting include but are not limited to the following:

1. Web Hosting on a Rotovac Server.
2. Custom Designed Dynamic Website
3. Domain purchase and registration through Go Daddy unless already purchased by You.
4. Complete Web Management Console access so You can change content within your website 24 hours a day 7 days a week.
5. Basic Technical Support is included for the first 30 days with all packages. E-mail & Chat Support will be the only form of support after the initial 30 days.
   
6. A business E-mail account.
7. Technical Support*  including basic technical support is available Monday, Wednesday and Friday, 8:30am-4:30pm PST. Additional non-standard technical support is offered for a fee for the following: updating content, uploading images, making specific website changes, layout changes, videos, form changes, any coding, etc.
8. Access to Marketing Material through Rotovac, eg. videos, new product photos, etc.
9. Target Optimized Web Pages for your area of service. We will reoptimize your website two (4) times per calendar year. All other optimizations are subject to the pricing schedule.*
10. 30 day FREE Layout & website content changes. Expires 30 calendar days after website has been set up. All other changes after the initial 30 days are subject to the pricing schedule.*
    

*Technical Support includes the following: email problems, errors created by Rotovac, Rotovac’s own spelling errors, trouble updating web content, step-by-step walk through of customizing website, e-mail setup (outlook, Mac mail, etc.).

*Rotovac reserves the right to change pricing at anytime without prior notice.

Pricing Schedule:

*Fees subject to change without notice

7. Security Provided Through Your Website.

Rotovac has developed an easy to use Web Management Console for your use 24 hours a day, 7 days a week to update content, check your email, and track your website statistics. This part of your site is password protected along with your e-mail login and  website statistics. In the event that your Web Management Console compromised and changes were made without your permission we will take the proper steps to secure your site.

8. Services Rotovac Is Not Responsible For

You will NOT rank number one on Google the minute your site is running.
Rotovac has provided target optimized website pages to better your chance in website rankings but is NOT responsible for where your site lies in the search engines. We will, however, help you with optimizing your pages for best search engine results (put in keywords, change your title, etc). We have no control over Google’s ranking system but will do what we can to help you optimize your pages.

9. Late Payment

Late payments are subjected to Rotovac’s standard delinquent account terms and conditions.

10. Refund Policy

1. Website Setup fees are non refundable.
2. Customers on a month-to-month hosting plan may cancel at anytime. Please be advised that you will not be refunded for the month when you canceled. The hosting fees will be paid on the 1st of the month and are non-refundable after they are paid.
3. The Client shall not be entitled to any refund under any circumstances.

Violations of Rotovac’s terms of service will result in closure of Your website and revocation of refund privileges.

11. Rotovac’s Rights
Rotovac explicitly reserves the right and sole discretion to:

1. Change pricing at anytime without prior notice;
2. Establish limits and guidelines concerning the use of Services;
3. Terminate your use of services for use of Services to unnecessarily or illegally harass Rotovac or third parties, non-payment of fees for Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Rotovac, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Rotovac determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
4. Terminate your use of the services if Your use of the services results in, or is the subject of, legal action or threatened or proposed legal action, against Rotovac  without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
5. Terminate your use of services at any time and for any reason if deemed reasonably necessary by Rotovac.

Rotovac  has no obligation to monitor Your use of Services, but reserves the right in its sole discretion to do so.

1. Backups

While Rotovac takes measures to ensure our servers are backed up we cannot guarantee 100% data protection. If your data is lost to no fault of your own we will make every effort to restore the original data of your website. If changes were made to your website after initial setup there is no guarantee that the information will not be completely saved if the server were to have an intermittent problem. We will be able to restore you’re your website but do not guarantee all of the information that may have been added after the initial setup.