WorkzWeb Terms of Use Agreement

1. Agreement - The WorkzWeb Web Site Service ('WorkzWeb' or the 'Service'), is provided to you ('you' or 'Site Owner') under the terms and conditions of this WorkzWeb Web Site Service Agreement and any amendments thereto and any operating rules or policies (collectively, the 'AWSSA' or 'Agreement'). The WorkzWeb Service Provider ('The Service Provider') reserves the right, in its sole discretion, to change, modify, add or remove all or part of the AWSSA at any time. The Site Owner will receive notice of such changes and/or modifications. By accepting the terms and conditions of the AWSSA, Site Owner (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Site Owner as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Site Owner is untrue, inaccurate, not current or incomplete, The Service Provider has the right to terminate Site Owners account and refuse any and all current or future use of the Service.

2. Cancellation - The service may be cancelled at any time by the Site Owner. Cancellation will be effective on the first of the month following the month in which cancellation was requested. Cancellations will not be pro-rated. Reserve month will be credited to card holders account within 30 days of cancellation effective date.

3. Payment - Initial payment is due upon activation of the service. Minimum initial payment by credit card is for one month of service and one month reserve. Service is renewed monthly on the day of the month of activation. If 'We Build' option is selected the first and reserve month will be charged upon release of the site to the site owner. In the event the Service is unable to draft Credit Card, Site Owner will be notified and service will continue until the first of the month following the most recent draft date and site will be suspended. In the event of site suspension the site a $50 reinstatement fee will apply. The site will be held in suspension for a period of 60 days at which time it will be deleted from the system and not eligible for reinstatement.

4. We Build - If Site Owner opts for the 'We Build' service the site will be developed using the template selected during the free trial period.

If a template has not be selected the 'We Build' will be done on a generic template. Once the 'We Build' has been completed the site owner may change the template at their discretion.

The 'We Build' service is to create structure and navigation for the website and does not include placement of content. The pages that will be created during a 'We Build' are; Home, Products, Services, About Us, Contact Us, Privacy and Terms of Use.

The 'We Build' service includes one logo integration into the template of the Site Owners choice. Logo integration must be requested within 10 days of completion and notification to the site owner that the 'We Build' service has been completed.

Additions and/or changes to content and/or customization of templates beyond logo integration requested by the Site Owner within 10 days, will be charged to the credit card on file at current MetaWorkz, LLC published development rates upon completion of addition or change.

5 Ownership - Conditioned on receipt of payments due, MetaWorkz, LLC grants license in perpetuity of the web site to the client. The Client, any employee of the client, or any third party representing or providing services to the client may not resell, attempt to resell, license or sub-license any proprietary technology, intellectual property or code used in the development of the web site. The client may not attempt to copyright or patent any code or method of the site. Unless specifically stated, MetaWorkz, LLC retains the ownership and copyright of all technology including methods, programming, code, and software developed by MetaWorkz, LLC during the course of development and reserves the right to resell these technologies. The client retains copyright and ownership of content provided to the developer during the course of development. All data collected via the web site remains the property of the client. In the event the client sells the site to a third-party, all terms and conditions of this agreement shall transfer to the party that purchases the site and all provisions to the client will continue in full force and effect unless released by MetaWorkz, LLC in writing.

6. Permissions - The Client warrants they have the rights, copyright and/or permissions to use material provided to MetaWorkz, LLC for the development of the project including any and all content, graphics, photographs, video and links. The Client further agrees to indemnify MetaWorkz, LLC for any damages resulting from the use of said material in the Client's project. MetaWorkz, LLC warrants they have the rights, copyright and/or permissions to use material provided to Client for the development of the project including any and all content, graphics, photographs, video and links. MetaWorkz, LLC further agrees to indemnify Client for any damages resulting from the use of said material in the Client's project.

7. Default/Disputes - The Client shall pay all arbitration costs, court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of MetaWorkz, LLC. MetaWorkz, LLC shall pay all arbitration costs, court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of Client.

8. Hosting - If the client web site is hosted with our web and database hosting facility, then the following applies; MetaWorkz, LLC provides hosting on an 'as is, as available' basis. MetaWorkz, LLC gives no warranty, expressed or implied, for the web hosting services provided, including e-mail services, including, and without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of hosting or e-mail service or loss of data by MetaWorkz, LLC or its providers. Client will use the hosting account in a manner consistent with any and all applicable laws of any state or country the client does business in. MetaWorkz, LLC's sole liability shall be for the pro-rata portion of the fee for hosting service. MetaWorkz, LLC at its sole discretion, may cancel the hosting agreement if client posts, or causes to be posted, material deemed to be abusive and/or unethical such as, but not limited to: pornography, obscenity, nudity, racism and/or illegal material or software.

9. Product Compatibility - MetaWorkz, LLC warrants that all code language is based on commercially available development tools. MetaWorkz, LLC does not warrant or guarantee that products residing on, or initially developed on our hosting servers will be compatible with all hosting services.

10. Third Party Providers - MetaWorkz, LLC does not warrant or guarantee the use, integration or performance of client third party providers. Payment for changes to make the web site compatible with any third party provider when the third party has made changes to its product is the responsibility of the client.

11. Provisions - If any provision of this contract is invalid under applicable law, the remaining provisions will continue in full force and effect. This contract, all intellectual property issues, and your rights and obligations shall be governed by the laws of the State of Washington.