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JSMedia Web site Creation License Agreement
Client agrees to all of the following -

Payment: Client agrees to pay JSMedia entire purchase price ($300, or $400 with hosting and domain registration) immediately after client has approved that initial requirements of html files have been made, and/or Client’s Web site has been published online. If payment is not received within 7 business days of publish date, JSMedia will take the client web site offline until entire agreed purchase payment is made. Html files will only be electronically delivered, upon request, once entire purchase price has been received (html files will be made available for viewing prior to purchase). Client agrees to pay $63.25 per hour for maintenance and updates to Web site during the 12 month hosting period, if applicable. If payment for maintenance and updates is not received within 7 business days of publish date, JSMedia will take the maintenance and updates offline until entire agreed purchase payment is made. Payments can be made securely through PayPal by sending an email request to jason@jsmediacenter.com.

Updates: Maintenance and updates include adding/editing/deleting textual content, links, and/or up to 5 photos on existing pages. Also includes email set up (adding a new email address to your account for example). Client agrees to send all desired regular updates one time each month. JSMedia then agrees to make all requested updates to Web site within seven days.

Web site Content: Client agrees to accept full responsibility for content of Web site, including seeking and obtaining legal permission for any content that may require such. Client also agrees to accept full responsibility (financial or otherwise) for any legal action taken for violation of copyright of content materials. JSMedia assumes the right to refuse to post any material from Client that may be viewed as pornographic, inappropriate, or offensive in nature.

Termination of Services: Either Client or JSMedia has right to terminate this contract and thus end services. This may be done by providing written or electronic (email) notice to the other party. Client agrees to pay the full amount due for services rendered for any month in which services were provided. Client agrees to pay JSMedia the cost of shipping Web site files to Client, if Client so desires. This will be done on CD mailed to Client. JSMedia assumes no responsibility for training or providing instruction to use or place those files on another server.

Due Dates: JSMedia will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

Grant of Rights: Upon receipt of full payment, JSMedia grants to the Client exclusive rights to the finished work.

Reservation of Rights: All rights not expressly granted hereunder are reserved to JSMedia, including but not limited to all rights in sketches, comps, original digital files or other preliminary materials.

Additional Usage: If Client wishes to make any additional uses of the work, Client agrees to seek permission from JSMedia and make such payments as are agreed to between the parties at that time.

Permissions and Releases: The Client agrees to indemnify and hold harmless JSMedia against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Web site Hosting: JSMedia is authorized to enter into contracts with third parties to carry out the purposes of this agreement, and shall be primarily liable to those parties for payment due there under. JSMedia shall exert a good faith effort to prevent any loss to Client resulting from failure of proper performance by those third parties, but JSMedia shall not be liable to Client by reason of any default of those third parties or other parties who are not JSMedia’s employees. Server space for the hosting of Client’s Web site will be secured with a third party Web Hosting Provider and shall be billed by and payable to JSMedia on an annual basis. Client agrees to pay all subsequent Web site hosting invoices within 30 days of receipt of invoice.

Impossibility of Performance: Client acknowledges and agrees that JSMedia cannot guarantee the absence of service interruptions by the Web Hosting Provider caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems, of the Internet backbone, of any Internet servers, of my or my customers' computers, or of my or my customers' Internet software.

Additional Services: Any work which the Client wishes JSMedia to create which is not detailed in the initial requirements which accompanies this agreement will be considered an additional service. Such work will be billed at the hourly rate of $63.25+ tax, if applicable, and will be added to the amount specified in the accompanying Web site package. Before any such work is started additional charges will be fully communicated to the client, before being incurred.

Client’s Role and Commitment: Client shall supply, in a timely manner to ensure timely completion of work, all copy, all graphics and photos to be included in the Web site. Client understands that failure to do so will result in prolonged completion of the site. If only a portion of content for pages is supplied to JSMedia and Client does not complete supply of content for Web site completion, Client agrees to allow “Page completion in progress” to be posted on applicable page(s) and agrees to pay for completion of initial requirements for Web site.

Cancellation: In the event that work is postponed or cancelled at the request of the Client, JSMedia shall have the right to bill for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by JSMedia and JSMedia shall own all rights to the work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Revisions: Client may request up to three rounds of revisions in order to complete initial requirements of Web Site. After three rounds of revisions, JSMedia’s hourly rate for maintenance and updates will be applied.

Copyright Notice: Copyright notice in Client’s name shall be published with the work. A link back to JSMedia’s Web site shall also accompany this.

Authorship Credit: Authorship credit in the name of JSMedia shall accompany the work when it is reproduced. If the finished work is used as a contribution to a magazine or for a book, authorship credit shall be given unless specified to the contrary in the preceding sentence.

Ownership and Return of Work: The ownership of original artwork, including sketches and any other materials created in the process of making the finished work, shall remain with JSMedia.

Code of Fair Practice: The Client and JSMedia agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, New York, 10017.

Arbitration: Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of JSMedia.

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