Hosting Policy
Hosting Agreement

Host: Bazaar Creative, LLC. E-mail address: support@bazaaris.com Website: http://www.bazaaris.com

BY SUBMITTING AN APPLICATION TO BECOME A BAZAAR CREATIVE CLIENT, YOU INDICATED AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREED TO BE BOUND BY THEM. The following Agreement is by and between Bazaar Creative. (hereinafter known as the “Host”) and clients of Host’s services (the "Client"). WHEREAS, the Host provides Web Hosting services; NOW THEREFORE, the parties agree as follows; 1. DEFINITIONS

1.1. “DOMAIN NAME” OR “NAME” is the alphanumeric name associated with Clients web site, web pages, or electronic mail.

1.2. “CLIENTS” means business or individual that pays the current rates for hosting and software.

1.3. “CONTENT” means any text, images, copy, or multimedia that is distributed through a website

1.4. “ELECTRONIC MAIL” OR “EMAIL” means any communication transmitted via the Internet, which is stored in the recipients email box.

1.5. “HOSTING” means an entity that stores the Clients text, logs, statistics, multimedia and images on its Server, receives or stores commands or data transmitted by internet users, transmits, multimedia, text, and image data to users’ Internet addresses, and transmits Email for or on behalf of the Client.

1.6. “INTELLECTUAL PROPERTY RIGHTS” means:

1.6.1. Rights in any patent, copyright, trademark, trade dress, and trade name;

1.6.2. Related registrations and applications for registration; and

1.6.3. Trade secrets, know-how and goodwill.

1.7. “INTERNET” means the global computer network comprising interconnected networks using standard Protocols.

1.8. “LIMITED GRANT OF USE” means Host grants the Client limited rights to use Hosts Hosting only under the terms of this agreement.

1.9. “NEW ACCOUNT REQUEST” means requests submitted electronically by the Client through Hosts website requesting Bazaar Creative Hosting Services.

1.10. “NON STANDARD” means any Hosting Services or Setup fees not published on the Hosts Website

1.11. “SERVER” means the computer or computers connected to the Internet for the purposes of storing the Clients text, logs, statistics, email, images, and multimedia.

1.12. “SETUP” means the one-time act of establishing a Client account with the Hosts services.

1.13. “SPAM” means the distribution of unsolicited Email utilizing mail Servers, network or web Hosting resources, or the resources of any third party providing network services to Host.

1.14. “SOFTWARE” means source code and or processes for applications provided by Host.

1.15. “SUBSCRIBER” means a Client that pays the current rates for Hosting Services

1.16. “RATES” means the price of Hosting as published on the Hosts Web Site.

1.17. “WEB SITE” OR “WEBSITE” means all text, logs, statistics, images, multimedia, and Email when applicable associated with Client for the purposes of displaying on the Internet.

1.18. “WEB PAGE” means each individual screen display contained in a Client’s Web Site.

1.19. “WEBSITE CONTENT” means images, text, and multimedia which is part of a Website: It does not include Hosts Software and/or Source code

1.20. "CONTROL PANEL" means Hosts Website designed to provide Client with administrative and billing access to Clients Hosting account.

1.21. “NO RIGHTS GRANTED” means Client does not acquire ownership rights whatsoever to hosting and or software and cannot sell or transfer the hosting and or software to others.

2. Services Application and Acceptance. Client shall apply for Services at Host’s website as instructed by Host. Host shall collect payments from Client for Services in the amounts listed on Host’s website and shall Setup Client with Services paid for by Client. Host reserves the absolute right in its sole discretion to deny the application and service of any Client.

3. LIMITED GRANT OF USE: HOSTING Host grants the Client the limited right to use the Hosts’ Hosting Services only if the Client is a paying Subscriber to the Hosts’ Hosting. The Client has no limited rights to use Hosts’ Hosting in any other way than maintaining its own Web Site or Web Sites on the Hosts’ Server. Once the Client is not a paying Subscriber to the Hosts’ Hosting, the Client will cease to have any limited rights to use to the Hosts’ Hosting.

3.1. NO RIGHTS GRANTED: SOFTWARE & SERVICES No Rights Granted to Client for Software. Host reserves all rights to the Software and Hosting Services. The Software and any copies the Client is authorized to make are the intellectual property of the Host. The source code and its organization are the exclusive property of the Host and the Software is protected by copyright, including United States Copyright Law. This Agreement does not grant Client any rights in the Software & Services and all rights are reserved by the Host. Host reserves all rights. The Software is protected by copyright and other intellectual property laws and treaties. Host owns the title, copyright, and other intellectual property rights in the Software. The Software is neither licensed nor sold. This agreement nor any other agreements does not grant the Client any rights to trademarks; service the Software marks, source code, or processes.

3.2. RESERVATION OF RIGHTS AND OWNERSHIP The Client does not have any claim to any rights to the Hosts’ Software and/or Services provided by the Host under any circumstances or for any reason. Should the Client use the Hosts’ Software and/or Services provided by the Host in conjunction with the Hosts’ Hosting, then the Client will have access to the Clients text and images only. This access will be maintained by emailing the clients text and images to the last known email used by the Client.

4. OWNERSHIP AND USE OF DOMAIN NAME AND WEBSITE CONTENT The Client shall be deemed the author and owner of: Client’s Domain Name, if the Client owns the Domain Name, and its attendant Intellectual Property rights; the Client’s uniform resource locator, if any, and its attendant Intellectual Property Rights; and the entirety of the Client’s website content, as provided to the Host, and its attendant Intellectual Property Rights. The Client grants the Host use and access to the Clients Domain Name and Website content for purposes of Hosting services provided by the Host.

5. TERM The term of this agreement shall commence on the date the Client completes the Hosts Client sign up process and begins paying hosting fees to Host, and will continue in full force and effect as long as the Client is in good standing regarding fees and Host is providing services to the Client or until the Client or Host terminate this agreement whichever comes first.

6. TERMINATION Client agrees that Client will be responsible for notifying Host should Client desire to terminate web Hosting services. Notification of intent to terminate must be sent to support@bazaaris.com . It is the Clients sole responsib ility to ensure Host receives said notification of termination. If notification is not received by Host from Client to stop Hosting then Client is responsible for all payments due to Host for Hosting services incurred by Client.

Host reserves the right in its sole discretion and without notice, at any time, and for any reason, to suspend Clients access indefinitely to Clients use of the Hosting Services. Upon termination of the Hosting Services, Client shall not continue to receive Hosting Services. Host reserves the right to monitor the practices of Client to determine, at the sole discretion of Host, if the practices are detrimental to the achievement of the Hosts business objective and overall marketing strategy. If such determination is made then Client will be notified and given 30 days to respond, after which time Host shall determine whether to terminate Client. Such determination shall not be unreasonable.

If Client issues a charge back to Host or stops payment for Services rendered, or defaults on their obligations or otherwise prevents Host from collection of fees for Services rendered causing Host a loss, then Host may terminate this agreement, hosting services and permanently delete Client files, text, logs, statistics, email , images, and multimedia at any time.

6.1. ADULT CONTENT Host does not host adult Website content. Uploading adult Website content to Client Web Site will result in immediate account termination and deletion.

6.2. CANCELLATION POLICY Client may cancel service at any time by contacting the Host in writing and delivered by email to support@bazaaris.com. If you cancel your account prior to the end your monthly usage that has been prepaid, the fee will not be refunded. Upon cancellation, all setup fees, administration fees or additional hosting fees will be immediately due to the Host.

6.3. Host reserves the right to deny the Client web Hosting services as outlined in this agreement for any reason and without prejudice.

6.4. POST TERMINATION RIGHTS AND FEES OWED TO THE HOST After termination by any party for any reason, Host shall retain the right to recover all accrued charges due and owing by Client to Host, and Client agrees that it waives any right it may have against Host to offset fees payable by Client to Host.

7. FEES, BILLING, SERVICE, AND CANCELLATION

7.1. BILLING Client shall pay Host a monthly web Hosting fee that is commensurate with the web Hosting account type selected by the Client from the Hosts’ Rates and Website.

The Client shall pay Host monthly for the previous months use of additional data transmission, E-Mail accounts, or storage space, that go beyond the Clients allotted web Hosting account resources as described on the Hosts website.

7.2. MONTHLY BILLING The Clients monthly hosting fee will be automatically charged to your credit card every month on or about the same day of the month your account was opened. The fee is NON refundable.

7.2.1. SECONDARY DOMAINS Client may add additional domains to their account and will be billed for those domains commensurate with the Web Hosting account type selected by the Client from the Hosts Rate Sheet.

7.3. RATES Host reserves the right to change the Rates as set forth on the Hosts website for any reason and without notification. The Client shall pay the appropriate monthly fee as determined by the Hosts Rates, in advance, and Client shall be liable to pay the full month’s fee, even if service is terminated before the end of the month for any reason.

The Client shall pay all fees for additional resources used above and beyond the limits and features of the Clients account type.

7.4. BILLING INFORMATION MAINTENANCE It is the Clients’ responsibility to maintain current credit card and billing information for Clients account.

7.5. UNSUCCESSFUL BILLING If the monthly charge is not successful, the Client will be sent an E-Mail notification. If the Client does not update the billing information and a successful charge is not made within 15 days of notification, the Client’s Web Site will be disabled. To enable the Web Site, Client will need to provide Host with updated billing information. To enable the site, Client must pay Clients invoice in full, plus a re-activation fee. Notices of unsuccessful monthly billing shall be sent to the Clients’ email address on record.

Clients’ Web Site will be deleted if Host does not receive payment in full plus any applicable fees within 30 days of notification.

7.6. MAXIMUM MONTHLY DATA TRANSMISSION The Client shall be allotted a monthly data transmission, commensurate with the Hosting account type selected by the Client from Hosts’ Rates, which may be used to transfer data to or from the Client's Web Site and the Internet.

If Client goes over allotted a monthly data transmission Client shall pay additional monthly data transmission fees, commensurate with the Web Hosting account type selected by the Client from Hosts’ Rates as listed on Hosts’ website

7.7. MAXIMUM HARD DISK SPACE The Client shall be allotted storage space on Hosts’ hard drive commensurate with the Hosting account type selected by the Client from Hosts’ Rates, which may be used to store the Client’s website content, ordering information and databases, and user communications.

The Client shall pay additional monthly storage fees, commensurate with the Web Hosting account type selected by the Client from Hosts’ Rates as listed on Hosts’ website

7.8. E-MAIL ACCOUNTS Client shall be allotted E-Mail accounts, commensurate with the Hosting account type selected by the Client from Hosts’ Rates, on Hosts’ Mail Servers for use with Client's Primary Domain. Client may not resell these E-Mail accounts or provide them as a free or paid service to any third-party. Additionally, Client E-Mail services may be requested and will be billed commensurate with the Web Hosting account type selected by the Client from Hosts’ Rates.

7.8.1. SPAM E-MAIL SPAM E-mail activities are not permitted on the Hosts’ servers. Spamming will lead to immediate termination of the Client Hosting account.

7.8.2. NO SPAM; LIQUIDATED DAMAGES. Client agrees Host may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then Client agrees to pay Host liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Client account, otherwise Client agrees to pay Hosts’ actual damages. Client acknowledges Client has read and understand and agree to be bound by the terms and conditions of Hosts’ Anti-spam Policy. Such terms and conditions are applicable to the use of all Host Hosting, Software and Services incorporated herein.

7.8.3. OUR SPAM POLICY Host does not tolerate the transmission o f Spam. We monitor all traffic to and from our Web servers for indications of spamming and maintain a Spam abuse compliant center to register allegations of Spam abuse. Customers suspected to be using Hosts’ products and services for the purposes of sending Spam are fully investigated. Once Host determines there is a problem with Spam, Host will take the appropriate action to resolve the situation. To report Spam email abuse@bazaaris.com.

7.8.3.1. HOW WE DEFINE SPAM We define Spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is Email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

1. Email Messages 2. Newsgroup postings 3. Windows system messages 4. Pop-up messages (aka "adware" or "spyware" messages) 5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs) 6. Online chat room advertisements 7. Guestbook or Website Forum postings 7.8.3.2. What We Allow and Don't Allow We will not allow our Servers and Services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Hosts’ no-Spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by Host, conclusive proof of opt-in may be required for an Email address or fax number.

7.8.3.3. What We Do If Host determines that the services in question are being used in association with Spam, Host will re-direct, suspend, or cancel any Web Site Hosting, Email accounts or other applicable services for a period of no less than 2 days. The registrant or Client will be required to respond by Email to Host stating that they will cease to send Spam and/or have Spam sent on their behalf. Host will require a non-refundable reactivation fee to be paid before the site, Email accounts and/or services are reactivated. In the event that Host determines the abuse has not stopped after services have been restored the first time, Host may terminate the Hosting and Email accounts associated with Domain Name in question. To Report Spam Abuse: We encourage all customers and recipients of Email generated from our products and services to report suspected Spam. Suspected abuse can be reported by Email to abuse@bazaaris.com

7.9. DOMAIN NAME REGISTRATION Client is responsible for registration or modification of all Domain Names used by the Client in conjunction with Hosts’ Hosting Services.

7.10. CLIENT’S WARRANTY OF OWNERSHIP, NON-INFRINGEMENT AND INDEMNIFICATION The Client expressly confirms and warrants that the Client is the owner of, or is duly authorized by the owner to use, any trademark, copyright, or name requested or allocated for the following:

1. Domain Names

2. Text

3. Products

4. Images

5. Mulitmedia

6. any Content used in the Clients Website, Emails or any Service related to Hosts’ Hosting

Client further warrants that Client’s nor Hosts’ use of the Clients above mentioned constitutes infringement of any other entity’s Intellectual Property Rights.

Client confirms and warrants that Client is the sole provider of Client's goods or Services, that Host is merely Client's Internet communication medium, and that Host is not the Client's selling agent, distributor, marketer or other affiliate. Client confirms and warrants that Client shall not offer or sell any goods or services that are illegal in light of the purchaser's age, jurisdiction or other circumstance, that infringe any rights of others, or that are defective. Client hereby indemnifies Host, holds it harmless, and agrees to defend Host against any liability which may arise from Client's provision of any goods or services through Hosts’ Internet facilities.

7.11. CACHING PERMITTED BY HOST Client expressly grants to Host a license to cache the entirety of Client’s Web Site in RAM, Client expressly agrees that such caching is also deemed “fair use” under the United States Copyright Act, and Client expressly agrees that such caching is not an infringement of any of Client’s Intellectual Property rights

7.12. EXPORT CONTROL Client agrees that its Web site shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Client’s Web Site is transmitted or accessed. Client agrees that it shall obtain written authority from all appropriate governmental bodies, if Client intends at any time to re-export any items originating from that jurisdiction to any proscribed destination.

7.13. NETIQUETTE (INTERNET ETTIQUITE) Electronic forums such as Email distribution lists and UseNet groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Host may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Host. All messages transmitted via Host should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

7.14. HARDWARE EQUIPMENT AND SOFTWARE The Client is responsible for and must provide all phone, computer, hardware and software equipment and services necessary to access Host. Host makes no representations or warranties or assurances that Client's equipment will be compatible with the Hosts’ Web Hosting Service.

7.15. AGE The Client certifies that he or she is at least 18 years of age.

8. Branding/Linking Permissions

8.1. Client Linking Permissions Client authorizes host to display a text or image based link to the Hosts website on Clients’ website.

8.2. Host Linking Permissions Host retains the right to use the Clients’ logo on the Clients page of the Hosts Website and Featured site page of the Hosts Website in order to link to the Clients Website. Client is responsible for providing the Host with all proper logos and supporting materials.

9. DISCLAIMERS

9.1. Liability Limitations. The goods and services provided by Host are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. CLIENT AGREES THAT ANY EFFORTS BY Host TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY Host WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT Host SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Host WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT’S WEBSITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES.

9.2. Force Majeure Neither party is responsible for failure or delay in performance caused by acts of God, strikes, flood, fire, war, public enemy, electrical or equipment failure, failure of third parties or any event beyond its reasonable control.

9.3. Third Party Transactions at Client’s Peril. The parties expressly recognize that Host does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Host. Host does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products, or services provided through Host AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUITE ENJOYMENT; AND 8) TITLE. Host shall not be liable TO CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products, or services.

9.4. Downloading of Data or Files at Client’s Peril. The parties expressly recognize that Host cannot and does not guarantee or warrant that files available for downloading through Host will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Host for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.

9.5. Indemnification Host shall not undertake to resolve any disputes or litigation on the Client’s behalf involving the before mentioned Ownership and Non-Infringement Warranty, and Client agrees that it shall indemnify, hold harmless and defend Host against any disputes. Client agrees to indemnify and hold harmless Host from and against loss, suit, damage, or claim, including reasonable attorney's fees and costs, arising of or in connection with Hosting. In addition, Host shall not be held liable for any fraud that any Clients commit in connection with their Hosting account.

9.6. DISCLAIMER OF WARRANTIES The Hosting and Software and its related material are provided “AS IS” and without warranty of any kind and Host expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

9.7. GOVERNING LAW AND JURISDICTION DISPUTES 9.7.1. The construction, validity and performance of this contract shall be governed by, and construed in accordance with, the laws of Arizona, and the parties expressly waive its choice of law rules

9.7.2. COMMERCE The parties expressly recognize that where Host is acting solely as the Client’s web host, Host is not engaged in, and is not actively soliciting, interstate or international commerce. Where Host is a named party to any type of dispute or litigation involving any acts by the Client that affect in-state or out-of-state persons or entities, the Client agrees that it shall indemnify, hold harmless, defend Host and challenge the jurisdiction of any in-state or out-of-state authorities over Host.

9.7.3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES The Client shall hold Host Harmless TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Host BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE HOSTING or SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, Hosting, SOFTWARE, AND RELATED CONTENT THROUGH THE HOSTING or SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE HOSTING or SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS Agreement, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE WINNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.7.4. LIMITATION OF LIABILITY In no event shall liability exceed the Hosting fee, Setup fee, and or any other applicable fees paid to Host, if any.

9.7.5. ARBITRATION Any dispute concerning the parties’ duties under this Agreement, which the parties cannot resolve within sixty (60) days, shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in the County of Maricopa, in the State of Arizona, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered in any court having jurisdiction. The party against whom enforcement is sought shall pay any costs incurred in the enforcement of the arbitration award.

9.8. NOTICES All notices required to be given hereunder shall be delivered via the Internet by electronic mail ("E-Mail") and shall be deemed to have been given or made when delivered through a defined and registered Internet Mail Server.

9.8.1. Client Notices If to Client: To the Email address specified by Client and maintained in Hosts’ Client contact information as maintained in the Hosts’ Control Panel

9.8.2. Host Notices If to Host: support@bazaaris.com

9.9. NO SUB-WEB PAGES Host does not warrant any Client, third part y or other entity modification(s) of web pages including text, images, multimedia, layout or any other files associated with the Clients’ Hosting account.

9.10. HIT STATISTICS

9.10.1. SERVER LOGS Client will have access to the raw data contained in the Server logs generated for the Client’s WebSite. Client Server logs contribute and count toward the amount of Hard Disk Space consumed by the Client’s Web Hosting Account.

9.10.2. NO LIABILITY FOR CACHED HITS Client expressly recognizes that the actual number of hits to Client’s WebSite is lower than the actual numbers reported by Host, due to caching of Client’s WebSite on the Internet. As such, Client hereby indemnifies and holds Host harmless for any damages caused by such caching.

9.11. WEB STORAGE AND INTERNET LINK Host shall store Client’s Website on Hosts’ Internet Server. The parties expressly recognize that Internet Servers and links are susceptible to crashes and down time. Host warrants that it shall maintain a consistent link with the Internet, but Host cannot and does not warrant that it shall maintain a continuous and uninterrupted link.

9.12. BANDWIDTH Host does not warrant any response rate or download time.

9.13. MAINTENANCE Host may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Hosts’ systems. However, Host shall provide prior notice where it is reasonably practicable under the circumstances, and Host shall restore service as soon as is reasonably practicable. Client shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Hosts’ control or which is reasonable in duration.

9.14. SECURITY The parties expressly recognize that it is impossible to maintain flawless security, but Host shall take reasonable steps to prevent security breaches in Hosts’ Servers. However, Client is solely responsible for preventing password-protected pages within its Website from being automatically indexed and linked to search engine Robots and Spiders. Client is solely responsible for any damage caused by such unauthorized access, and Client indemnifies and holds Host harmless for any compromise of Client’s security

9.15. PRIVACY Message and data encryption is available on Hosts’ Servers only if Client has obtained a Digital Server Certificate for the Client’s Domain Name. If Client is using a Digital Server Certificate for Client’s Domain Name, Client is solely responsible for encoding its Web Site to conform with accepted encryption standards, and Client indemnifies and holds Host harmless for any compromise of Client’s encryption method.

9.16. ASSIGNMENT This Agreement and any rights or obligations hereunder may not be sold, transferred or assigned by Client nor may Client delegate, subcontract, license, sublicense, assign, franchise or in any other manner extend or transfer any responsibility, right or obligation hereunder to any other person or party (other than to employees of Client to perform hereunder) without the express prior written consent of Host. In the event of the sale, merger, consolidation or other similar or significant event affecting the nature, ownership or control of Client, then any such change of control or successor by virtue of such event must be approved by Host, such approval not be unreasonably withheld. This Agreement shall be binding upon and shall endure to the benefit of the parties and their respective and permitted successors and assigns.

9.17. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

9.18. INTELLECTUAL PROPERTY Client agrees to not alter or modify the Software. Client agrees Client is not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor is Client authorized to integrate any plug-in or enhancement which uses or relies upon the Software. Client further agrees not to reverse engineer, decompile or otherwise attempt to uncover the source code.

9.19. CONFLICTS OF INTEREST Client agrees that Client will disclose to Host any conflicts of interest or potential conflicts of interest Client may have in a timely manner.

9.20. PRIVACY POLICY

9.20.1. We will not give any information about you to others without your express permission Our site uses forms in which Client gives us contact information (Clients name, address, daytime telephone number, and Email Address) so Client can place orders, request information and support, and make product suggestions. Host will then create an account number for Client and if Client chooses to order from Host using a credit card. Host will collect Clients credit card number, expiration date and other pertinent information. If Client contacts Host for support, Host will keep an internal record of what support was given. Host uses your Client information only when it will be important for Host to contact Client regarding changes to Hosts products, Hosts Website, new Hosting Services, and special offers Host thinks Client will find valuable. If Host presents a co-branded offer with Hosts partners or affiliates, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.

Host may use third-party advertising companies to serve ads on Hosts’ behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

Host uses information gathered about Clients from our site statistics (for example your IP address) to help diagnose problems with Hosts’ server, and to administer Hosts’ Website. Host also gathers broad demographic information from this data to help Host improve Hosts’ site, services and to make Clients browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud and or abuse on Hosts’ system.

Our site may use cookies and session management to keep track of Clients shopping cart and receipts. They are linked to Clients’ customers that are associated with the information in Clients’ account.

This site also contains links to other sites. Unfortunately the Host is not responsible for the privacy practices or the content of such Websites.

9.20.2. UPDATING YOUR INFORMATION As a Client of Host, Client may alter Clients customer information or opt-out of receiving marketing communications from Host and Hosts’ partners at any time, however Host reserves the right to transmit necessary communications regarding billing, maintenance upgrade information or other cr itical communications relating to Clients’ hosting services. Host has the following options for changing and modifying Clients customer information.

9.20.2.1. Client may send an Email to support@bazaaris.com

9.20.2.2. Client may visit Clients online account at http://www.bazaaris.com

9.20.2.3. Client may opt-out of marketing Emails sent by Hosts system by using the links provided on such emails.

9.20.3. SENDING EMAILS Host uses Emails to communicate with Clients, to confirm Clients placed orders, monthly billing, maintenance or other critical communications relating to Clients Hosting Services and to send information that Client has requested. We also provide Email links, as on our contact page, to allow Client to contact Host directly.

9.20.4. CANCELLATION OF ACCOUNT Client can delete Clients’ Hosting account by sending an Email to support@bazaaris.com. If Clients’ account is current, paid in full, Client will receive a cancellation confirmation and will subsequently no longer receive communications relating to the Hosts’ services, such as service announcements, administrative messages that are considered part of Clients Hosting account. If Client is not current Client will continue receiving communications until such date as Client is current, paid in full. Note that some of Clients account information may be kept on file for a certain amount of time after Clients account is deleted, such as but not limited to Clients’ name, Email, address, and phone number for the purposes of archiving Clients’ past use of Hosts’ products and services.

9.20.5. ONLY IF WE HAVE TO As stated previously in this policy, Host will not share Clients’ personal information except with a third party to assist Host in the processing or securing of Clients personal information or when Host is required by law unless Host has given Client notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or Host must comply with a legal process served on Hosts Website.

9.20.6. CHANGES IN OUR PRACTICES If Host makes material changes to Hosts’ information handling practices or other privacy aspects, Host will post those changes on this privacy statement, at least 30 days prior to their implementation or notify Client directly via Email. Minor changes will be immediately effective upon reposting to this privacy policy on the Hosts’ Website.

9.20.7. TELL A FRIEND If a Client elects to use Hosts’ referral service for informing a friend about Hosts Hosting Services, we ask them for the friend's name and Email Address. Host will automatically send the friend a one-time Email inviting them to visit the Website.

9.20.8. WHAT HAPPENS TO MY PERSONAL INFORMATION IF I TERMINATE MY HOSTING ACCOUNT? When Clients hosting account is cancelled (either voluntarily or involuntarily) all of Clients personally identifiable information is placed in "deactivated" status on Hosts relevant databases. However, Client should know that deactivation of Client account does not mean Clients personally identifiable information has been deleted from Hosts database entirely. We will retain and use Clients personally identifiable information if necessary in order to resolve disputes or enforce Hosts agreements.

9.20.9. CONTACTING THE HOST If Client have any questions about Hosts privacy statement, the practices of Host, or Clients dealings with the Host, please contact us at support@bazaaris.com.

9.21. CONFIDENTIALITY The parties recognize that each shall come into possession of information that comprises valuable trade secrets and other confidential information (“Confidential Information”), which is exclusively owned by the conveying party. Both parties expressly recognize that Confidential Information is being conveyed to them under conditions of confidentiality, and agree that they shall not disclose Confidential Information to any third party during the term of this Agreement. The parties may, however, disclose confidential Information only to their employees who need to know Confidential Information in order to assure the parties’ compliance with the other terms and conditions of this Agreement.

9.22. EMPLOYEES The parties recognize that the other’s employees are uniquely qualified for their jobs, and that the identity of both parties’ employees is Confidential Information. Therefore, the parties agree, that during the term of this Agreement and for a period of one year following the termination or expiration of this Agreement, neither party shall solicit the employment of, nor employ, any of the other party’s employees.

9.23. REMEDIES The failure of either party to seek relief for the other party’s breach of any duty under this Agreement, shall not waive any right of the non-breaching party’s to seek relief for any subsequent breach.

10. DUE AUTHORIZATION Each party warrants and represents that the execution, delivery and performance of this Agreement have been duly authorized by all necessary action and do not contravene any policy, resolution, article of incorporation or bylaw of that party and des not contravene or cause any default in any agreement to which it is a party.

11. Entire Agreement This Agreement constitutes the complete and exclusive statement of the Agreement between Client and Host regarding the subject matter hereof and supersedes any prior communications and agreements whether written or oral.

12. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.

13. SURVIVAL Sections 9.21,9.22,9.23,3,3.1,3.2,6.4,8.2,9.1,9.2,9.3,9.4,9.5,9.6,9.7.1,9.7.2,9.7.3,9.7.4,9.7.5 ,9.20.1 shall survive any termination or cancellation of this agreement.

14. Modification This Agreement and its Attachments are subject to change. Client will be notified of such changes as they occur via the email contact supplied during the Client signup process. However, Host reserves the right to modify the Agreement and the Service at any time, without notice.

Intellectual Property Agreement

Privacy Policy
Bazaar Creative takes your privacy seriously. Please read the following to learn more about our privacy policy.

What This Privacy Policy Covers This policy covers how Bazaar Creative treats personal information that Bazaar Creative collects and receives, including information related to your past use of Bazaar Creative products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

Information Collection, Use and Deletion We do not sell or lend your information to other persons or companies outside Bazaar Creative. Bazaar Creative collects personal information when you register with Bazaar Creative, when you use Bazaar Creative products or services, when you visit Bazaar Creative pages, and when you enter promotions.

When you register we ask for information such as your name, email address, zip code. Once you register with Bazaar Creative and sign in to our services, you are not anonymous to us.

Bazaar Creative collects information about your transactions with us.

Bazaar Creative automatically receives and records information on our server logs from your browser, including your IP address, and the page you request.

Bazaar Creative uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, and conduct research.

You can edit your Bazaar Creative Account Information at any time.

We reserve the right to send you certain communications relating to the Bazaar Creative service, such as service announcements, administrative messages that are considered part of your Bazaar Creative account, without offering you the opportunity to opt-out of receiving them. We also send you the Bazaar Creative Newsletter with the option to opt-out of receiving the Newsletter.

You can delete your Bazaar Creative account by signing into your account and canceling service. If your account is current, paid in full, you will receive a cancellation confirmation and will subsequently no longer receive communications relating to the Bazaar Creative service, such as service announcements, administrative messages that are considered part of your Bazaar Creative account. If you are not current you will continue receiving communications until such date as you are current, paid in full. Note that some of your account information may be kept on file for a certain amount of time after your account is deleted, such as your name, email, address, and phone number for the purposes of archiving your past use of Bazaar Creative products and services.

You must opt out of the Newsletter to stop receiving the Newsletter.

Changes to this Privacy Policy Bazaar Creative may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Bazaar Creative account or by placing a prominent notice on our site.

Questions and Suggestions If you have questions or suggestions, please contact us at Info@BazaarCreative.com.

Affiliate Agreement

Terms of Service