Website Design Terms & Conditions

This Web Site Design Service and Maintenance Agreement ("Agreement") is entered into by and between Whiz Kidz Service Company ("Whiz Kidz") and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Whiz Kidz Web Site Design and its related services (collectively, the "Services") and represents the entire agreement between You and Whiz Kidz concerning the subject matter hereof. By using the Website Design Services, You acknowledge that You have read, understand, acknowledge 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, but not limited to, the Universal Terms of Service that Whiz Kidz may establish from time to time, in its sole discretion, and any agreements that Whiz Kidz is currently bound by or may become bound by in the future. All Whiz Kidz policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

Whiz Kidz will create a web site tailored toward Your reasonable expectations. The service will include an initial interview via phone, email or questionnaire and presentation of initial design mockups. Whiz Kidz will require all content copy and high quality images for inclusion in Your web site. Requests for design updates or site updates after the original mockup has been approved will result in additional hourly design fees based on our number of additional hours worked. All material must be supplied in an electronic file format and transmitted to Whiz Kidz electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our location in Scottsdale, Arizona via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. Whiz Kidz is not responsible for delays in web site completion due to delays in the receipt of shipped items. Whiz Kidz, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. Whiz Kidz will not begin construction of Your web site until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. Whiz Kidz will not return any materials provided by You in the design process. Whiz Kidz will strive toward Your satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases Whiz Kidz from any obligation for further revisions or alterations.

Whiz Kidz strives towards creating a web site that meets Your expectations. However, Whiz Kidz does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. Whiz Kidz is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback. Whiz Kidz reserves the right to refuse any direction to create a web site that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another or for any other reason that Whiz Kidz, in its sole discretion, decides.

The Services, the resulting product and all copies belong to Whiz Kidz. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Whiz Kidz may display screen shots of the resulting product online, in marketing materials or in other manners in Whiz Kidz’s sole discretion.

You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Whiz Kidz may undertake from time to time; or (iii) causes beyond the reasonable control of Whiz Kidz or that are not reasonably foreseeable by Whiz Kidz, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Whiz Kidz has no control over the availability of the Services on a continuous or uninterrupted basis.

By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law. You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You. You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree that You will not use the Service to create a web site that contains the following types of information: (i) personal information about children without their parent's consent, (ii) pornographic or obscene content, as determined by Whiz Kidz in its sole discretion, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) impersonations of another person, (viii) encouraging the use of a controlled substance, (ix) selling or promoting products that are unlawful in the location where the site is published, (x) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xi) links to web pages containing any of the aforementioned content. You represent and warrant that you will not violate any law, third party rights, or post any false, inaccurate, misleading, defamatory or libelous content or statements on your web site. You also agree to respond to any requests for feedback within seven (7) days. Failure to respond within thirty (30) days shall result in cancellation of the account. Your web site will be published on Your behalf once the web site is completed, unless You notify Whiz Kidz of Your election not to publish. You acknowledge and agree that once published, all of Whiz Kidz obligations under this Agreement have been met. At any time after publication, You may elect to de-publish Your web site by contacting customer support at support@whizkidz (dot) com or by calling 1-888-998-1385.

Whiz Kidz reserves the right and sole discretion to: (i) modify its pricing,; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the 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 tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Whiz Kidz, 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 Whiz Kidz determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) 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 Whiz Kidz or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If Whiz Kidz terminates Your use of the Services, Whiz Kidz may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. Whiz Kidz has no obligation to monitor your use of the Services, but reserves the right in its sole discretion to do so.

Revised: 4/5/2010 Copyright © 2010 WhizKidz.com, Inc. All Rights Reserved.

Website Hosting T & C

This Web Site Hosting Agreement ("Agreement") is by and between Whiz Kidz Service Company, ("Whiz Kidz"), and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Whiz Kidz Website Hosting services (collectively, the "Services") and represents the entire agreement between You and Whiz Kidz. By using the Services, You acknowledge 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 Whiz Kidz may establish from time to time. You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Whiz Kidz, whether or not the transactions were in Your behalf. In the event You are using the hosting services which are provided at no charge, You further acknowledge and agree that as adequate consideration for Whiz Kidz providing You with the Services at no cost to You, Whiz Kidz shall have the right to place a Whiz Kidz referral link or image on Your web site. If You do not desire such links or images to be placed on Your web site, then You may purchase the Services at Whiz Kidz’s then current rates.

Whiz Kidz currently provides basic website hosting Services to its customers at no charge. Whiz Kidz will host Your web site on Whiz Kidz’s servers, provided, however, You abide by the terms and conditions set forth herein and in each of Whiz Kidz’s policies and procedures here.

Subject to the terms and conditions of this Agreement, Whiz Kidz 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: equipment malfunctions; periodic maintenance procedures or repairs that Whiz Kidz may undertake from time to time; or causes beyond the control of Whiz Kidz or that are not reasonably foreseeable by Whiz Kidz, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.You agree that Whiz Kidz has no control of availability of the Services on a continuous or uninterrupted basis.

You represent and warrant to Whiz Kidz that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation; infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within

You also warrant that the web site being hosted by Whiz Kidz will not be used in connection with any illegal activity. In the event You exceed Your allotted bandwidth, compute cycles or disk space and thereby overload Whiz Kidz’s DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Whiz Kidz’s servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Whiz Kidz reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Whiz Kidz prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Whiz Kidz. You agree Whiz Kidz reserves the right to remove Your web site temporarily or permanently from its servers if Whiz Kidz is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Whiz Kidz, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Whiz Kidz's standard SMTP relay limit; disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; engage in any other activity deemed by Whiz Kidz to be in conflict with the spirit or intent of this Agreement or any Whiz Kidz policy; or use Your hosting as an "open relay" or similar purposes.

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: prevent any loss or damage to Your web site content; maintain independent archival and backup copies of Your web site content; ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Whiz Kidz’s servers; and ensure the confidentiality of Your password.

You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Whiz Kidz's sole discretion, that shall impair the functioning or operation of Whiz Kidz's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Whiz Kidz has the right to carry out a forensics examination in the event of a compromise to Your account. You hereby authorize Whiz Kidz to log into the server for purposes of installing and configuring the software. In the event You terminate, moving Your web site off of the Whiz Kidz servers is Your responsibility. Whiz Kidz will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Whiz Kidz will not transfer or manage Your Services or Your web site content.

Revised: 4/5/2010 Copyright © 2010 WhizKidz.com, Inc. All Rights Reserved.