AFSB

Test Drive

Account Information
Site Name
Password
Confirm Password
Note: Once you have completed this registration process, you can visit your site at its TEMPORARY LOCATION which will be www.afsb.net/yourmembername where "yourmembername" equals whatever name you chose above. This Test Drive will be valid for 30 days with no obligation. Make a note of your member name and password and keep it in a safe place
Firm Information
Firm Name
Contact Title
Contact Full Name
Address
Address 2
City
State
Zip Code
Phone Number
Fax Number
Current Email
Alternate Email
INTERNET WEB HOSTING AND APPLICATION HOSTING AGREEMENT


This Internet Web Hosting and Application Hosting Agreement (the "Agreement"), effective upon the date it is mutually executed by all parties hereto, is entered into by and between Tenenz, Inc., under its trade name AFSB, ("Company"), and ________________________ ("User"), whose electronic signature (name and e-mail address) is entered above.

IMPORTANT: READ AND ACCEPT THIS AGREEMENT BEFORE USING ANY OF OUR ONLINE SERVICES.

Company is willing to provide User with the Service (as defined below) only if you agree to be bound by the following terms.  If this Agreement is unacceptable to you, you cannot use the Service.
  "I Accept" means I have read the following Agreement and accept and agree to be bound by its terms and conditions.
  "I Decline" means I do not agree to the terms and conditions of the following Agreement and I understand that I cannot rightfully gain access to or use the Service.

1.  Contact Information.  User shall maintain current contact information.  User shall give Company not less than fifteen (15) days written notice of any change in the contact information. This notice may be sent via mail, fax or via updated information in the member's secure Company member area. Such Contact information shall include, but not be limited to:

User Name:
Type of Entity:
Contact Person:
Title:
Address:
Phone:
Fax:
E-Mail:

2. Service/License.  Company provides personalized web pages (the "Page(s)") to Users who are engaged in the tax, accounting, or financial services business (the "Service").  Company grants User a limited, nonexclusive nontransferable license to use the Service and any materials provided by Company in connection with the Service for the term of this Agreement.  This Agreement and any of the rights, responsibilities or obligations granted or assumed in this Agreement may not be assigned by User, in whole or in part.

3. Statement of Policies.  User understands and agrees that the terms and conditions set forth in this Agreement are supplemented by and in addition to the terms and conditions set forth in Company's Statement of Policies, as such Statement of Policies may be revised from time to time.  Company may, in its sole discretion and at any time, issue a new or revised Statement of Policies by providing User with notice of the issuance of such Statement of Policies and either directly providing User with a copy of such Statement of Policies by e-mail, mail or any other method of communication, or alternatively by posting such Statement of Policies on the Service.  Statement of Policies shall go into effect when they are issued.  User agrees to accept, in total, any new or revised Statement of Policies as a condition for its continuing use of the Service and failure to accept such Statement of Policies or abide by such Statement of Policies may, in Company's sole discretion, result in immediate termination of the Service.

4. Payment Policy.  User has the option of purchasing the Service at the rates set forth on Exhibit A for User residing and practicing in the United States of America, attached hereto and incorporated herein (the "Billing Rates"), and according to the terms contained herein and on Exhibit A (the "Billing Terms").  Company may change the Billing Rates and the billing terms by providing User with notice of such increase not less than thirty (30) days prior thereto.  User's continued use of the Service shall constitute acceptance of any such change.  User understands and agrees that if User fails to make any payment when due, Company may, in its sole discretion, choose to immediately and without notice suspend or terminate User's access to the Service and terminate this Agreement.

5. Site Maintenance/Standards.  User shall keep the material it places on the Service current and maintain its Page(s) to Company's standards, which standards Company, in its sole discretion, may determine from time to time in its Statement of Policies. Material shall include, but not be limited to; user ID, passwords, content and images provided by User or User's assigns. In any event, User shall not place on the Service or otherwise use the Service to transmit pornographic or obscene materials, vulgarity or remarks which are derogatory toward any race, ethnic group, religion, sex, or are otherwise derogatory with respect to any individual, group or entity.  Nor shall the User use the Service to Spam or advertise using mass means unless specifically allowed by the Company in writing. Company shall be sole judge of whether any material is pornographic, obscene, vulgar or otherwise derogatory.  In the event that Company deems any material placed on or transmitted through the Service by User to be pornographic, obscene, vulgar, derogatory, or otherwise not in compliance with Company's standards, Company may immediately suspend or terminate the Service without notice to User.

6. Proprietary Information/Nonuse.  User acknowledges that the content, methods, organization, information gathering, compilation, magnetic translation, digital conversion and other matters related to the Service are considered proprietary information owned by Company whether or not these matters are protected under the copyright, patent or trade secret laws of the United States or any state or country in the world.

a) In consideration for Company revealing its proprietary information and continuing to deal with User, User agrees to receive any information transmitted by Company in full confidence and that such information shall be reviewed and worked on in confidence.  User shall not, without obtaining prior written consent of Company, use, divulge, exploit or in any way interfere with the rights of Company in its proprietary information.

b) User further covenants that it shall not enter into competition with Company, so long as such information remains confidential, anywhere in the United States or anywhere in the world, using Company's designs, concepts, products or ideas, or designs, concepts, products or ideas substantially similar to Company's, or otherwise use Company's designs, ideas, concepts or products.

7. Ownership of Intellectual Property.  User acknowledges Company's exclusive right, title and interest in and to any artwork, text or other intellectual property Company provides in connection with the Service (the "Intellectual Property") and any registration that has issued or may issue thereon, and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair part of such right, title and interest.  In connection with the use of the Intellectual Property, neither User nor any other party hereto shall in any manner represent that it has any ownership in the Intellectual Property or registrations thereof, and all parties acknowledge that use of the Intellectual Property shall be to the benefit of Company.

8. User's Representation and Warranties.  User hereby represents and warrants to Company and Company's affiliates, licensors, participating publishers, third-party content or service providers, authors, dealers, suppliers or the like and their respective officers, directors, employees, agents, successors, assigns or anyone claiming from or through them (hereinafter collectively "Providers") as follows:

a) User is the creator of, or owns the right to use, any artwork, documentation or other work it places on or transmits through the Service.

b) User shall not place on or transmit through the Service any work which infringes, in whole or in part, any copyright, patent, trademark, trade dress or the like, which violates any right to privacy or other personal or property right whatsoever, or contains any libelous or scandalous matter or matter otherwise contrary to law.

c) User shall be solely responsible for any and all claims against User or against a Provider, including but not limited to Company, which are based on, or in any way connected with, User's use of the Service or User's advertising, marketing, distribution or sale of any goods or services through the Service, including but not limited to any claims based on breach of warranty, security of information placed on the Service by the User or User's customers, infringement of the rights in any patent, trade dress, trademark, copyright or like, and product liability.

d) User shall comply with all applicable federal, state and local laws in the advertising, marketing, distribution or sale of its goods or services through the Service.

e) User shall be responsible for knowing and shall comply with all applicable professional and ethical rules, regulations and the like which may govern User and User's use of the Service.

f) User shall be responsible for and shall pay when due all applicable taxes, duties, fees and the like which may be imposed on User or any Provider due to User's use of the Service.

g) User shall not use the Service for transmitting unsolicited mailings, whether or not the sending of such mailings may be deemed "Spamming" as that term is defined in the industry.

h) User shall ensure that all material transferred by or through it in connection with its use of the Service is free of computer viruses, destructive software or the like.

i) User shall not rely on any information placed on or transmitted through the Service by Company, by any other Provider or by any third person; User shall be responsible for investigating all information placed on or transmitted through the Service by Company, by its customers, its clients and other consumers, by any other Provider or any third party in order to ensure it is applicable to User and to the use to which User intends to put it.

j) User shall be the sole user of the license it has purchased and shall not allow any third party access to its account with the Service or use of any of the services associated with User's license.

k) User shall not place any links to other Internet Sites on its Page(s) without the permission of Company.

9. User's Confidentiality.  Company may, without notice, monitor User's use of the Service and any e-mails transmitted to or from User through the Service to determine that it is being used only in accordance with this Agreement, including but not limited to the Statement of Policies; therefore, User shall have no expectation of privacy with regard to User's use of the Service and transmission of e-mails through the Service.

10. Disclaimer of Warranties.  THE SERVICE AND ALL MATERIALS PLACED ON OR TRANSMITTED THROUGH THE SERVICE BY COMPANY OR ANY OTHER PROVIDER ARE PROVIDED "AS IS," "AS AVAILABLE," AND, WITH RESPECT TO THE SERVICE AND SUCH MATERIALS, COMPANY AND ALL OTHER PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitations of Damages.  THE FOLLOWING LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT AND UNDERSTANDING BETWEEN COMPANY AND USER, AND THE SERVICE WILL NOT BE PROVIDED WITHOUT SUCH LIMITATIONS:  THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY AND ANY OTHER PROVIDER, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (A) ANY ERRORS OR OMISSIONS IN THE SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN MATERIALS PROVIDED BY COMPANY OR ANY OTHER PROVIDER; (B) THE UNAVAILABILITY OF ANY SERVICE; (C) THE INTERRUPTION OF THE SERVICE OR ANY PART THEREOF, (D)  USER'S USE OF THE SERVICE (REGARDLESS OF WHETHER USER RECEIVED ANY INSTRUCTIONS OR ASSISTANCE FROM PROVIDER); OR (E) THE USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR THE TERM OF THE SERVICE DURING WHICH SUCH CAUSE AROSE, REGARDLESS OF WHEN SUCH CAUSE IS DISCOVERED.  PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USER'S USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN SOME JURISDICTIONS, STATUTES MAY APPLY REGARDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, AND, TO THE FULLEST EXTENT LAWFUL IN THOSE JURISDICTIONS, IT IS INTENDED THAT ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE HEREBY DISCLAIMED AND, IF FOR ANY REASON LIABILITY IS ASSESSED ON A PROVIDER, THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification.  USER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND ALL OTHER PROVIDERS HARMLESS FROM ANY AND ALL LIABILITY, LOSS, CLAIM, COST OR EXPENSE, INCLUDING BUT NOT LIMITED TO ACCOUNTING AND ATTORNEY FEES AND DISBURSEMENTS INCURRED AT ARBITRATION, TRIAL OR ON ANY APPEAL THEREFROM, WHICH MAY BE INCURRED BY REASON OF USER'S BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BREACH OF ANY REPRESENTATION AND WARRANTY HEREIN, OR WHICH ARE BASED ON, OR IN ANY WAY CONNECTED WITH, USER'S USE OF THE SERVICE OR USER'S CUSTOMERS AND CLIENTS USE OF THE SERVICE, USER'S OR USER'S CUSTOMERS AND CLIENTS USE OF MATERIALS PLACE ON OR TRANSMITTED THROUGH THE SERVICE OR USER'S ADVERTISING, MARKETING, DISTRIBUTION OR SALE OF ANY GOODS OR SERVICES THROUGH THE SERVICE.  THIS SECTION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON.

13. Termination.  Either party may terminate this Agreement by providing the other with not less than thirty (30) days notice of termination.  In the event Company has a reasonable basis for believing that User has failed to comply with any obligation hereunder, including but not limited to User's violation of any provision in the Statement of Policies, breach of any representation or warranty, failure to maintain its Page(s) to Company's standards, or failure to pay for the Service, Company may, in its sole discretion, immediately suspend or terminate User's access to the Service.

14. Effect of Termination.  Upon termination of this Agreement, Company shall have no further obligations to User and may purge any and all stored electronic files permanently from its computers and backup devices.

15. Changes.  Company may change the terms of the agreement by providing the user with notice of such change not less than thirty (30) days prior therein.  User's continued use of the site shall constitute acceptance of the agreement.

16. Notice.  User shall, at all times, maintain a valid e-mail address, which User shall provide to Company.  All notices of changes in the Statement of Policies or the Billing Rates and any other notice that Company is required or desires to give to User under the terms of this Agreement may be sent to such e-mail address, and such notices shall be deemed received by User when sent by Company.  All notices required by this Agreement may also be made in writing, postage prepaid, certified mail, return-receipt requested, or by facsimile transmission to the addresses or numbers first given above or by hand delivery.  Notice shall be deemed received two (2) days after the date of mailing or the day after it is faxed or hand delivered.

17. Attorneys' Fees/Miscellaneous.  This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings and proposals (whether written or oral) in respect to the matters specified.  If any section of this Agreement is held to be invalid, the remaining sections of this Agreement will not be affected.  It is expressly agreed by the parties to this Agreement that the rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision.  No waiver by either party of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or default or in any way affect any of the other terms and conditions hereof.  This Agreement is deemed a contract made in Minnesota and it shall be construed and enforced according to the laws of the State of Minnesota.  Any suit or action instituted by either party to enforce the terms shall be brought in the courts in the State of Minnesota.  Venue is proper only in Hennepin County, Minnesota.  In the event it becomes necessary for Company to turn User's account over to an attorney or collection agency, Company shall be entitled to recover from User, and User expressly agrees to pay, all costs incurred by Company related to such collection activities, whether or not any suit, action or other legal proceeding is instituted, and including but not limited to attorney fees, costs and expenses, at arbitration, trial or on appeal there from.  In the event suit or action is instituted to enforce collection or any of the terms of this contract, the prevailing party shall be entitled to recover from the other party such sum as the court deems reasonable as attorneys' fees at arbitration, trial or on appeal there from, in addition to all other sums provided by law.  User acknowledges that money damages may be an inadequate remedy for resolving any dispute between the parties arising from this Agreement.  The parties, therefore, agree that equitable remedies, such as injunction, are appropriate in enforcing this Agreement.



EXHIBIT A

BILLING RATES:

  1. There is no initial setup charge unless custom domain services, custom design services, or custom technical support  are requested by User.  The User may elect to either pay $25.99 at the beginning of each month for service or pay an annual fee of $239 at the beginning of each year of service.  The Company may offer promotional pricing from time to time.

  2. Additional Services:  Additional services will be added from time to time, their pricing will be as stated by Company in the solicitation of the Service.

Company reserves the right to set and change prices and service availability from time to time with proper notification.

Payment Methods:

At the discretion of the User, each of the following is acceptable:

  1. Check

  2. Credit card.  Company currently accepts, Visa, Mastercard, American Express, and Discover Credit Cards.  As part of the sign-up using a credit card as the method of payment, the User will complete a pre-authorization form to allow Company to automatically charge the credit card for the amount due under the agreement.

  3. Billing.  Upon acceptance of a Company approved credit report, User may be billed for the Service.  Terms and conditions will be as set forth in invoicing and the approved Credit Application Agreement.  Company reserves the right to accept and to terminate Billing Rights.

Refund terms should Cancellation or Termination occur:

1. Initial Setup charges, if any, are not refundable.

2. For Users on a month by month payment schedule, a refund will be made if Company is notified not less than thirty (30) days before the beginning of the month.

3. For Users on an annual payment plan, refunds will be calculated by pro-rating the months of service already provided compared with remaining months of service that will not be used.

4. Transfer fees.  Should a domain be requested to be released for transfer to another ISP or service provider there will be a transfer fee of $59.00.  Such transfer will not take place if the User's account shows a balance due.

Payment terms and cancellation and termination terms are subject to any other payment terms and cancellation and termination terms that may be found in the main body of this agreement.
I Agree
Email Set-up
Please provide two unique titles for your two FREE pointer e-mail addresses (i.e. info). AFSB will use the title that you have chosen, along with your domain name, to create your pointer email address (i.e. info@yourdomain.com). Pointer emails will redirect or "point" mail to the email account you noted in your account signup. (i.e. yourname@aol.com). The benefit of our pointer emails is that you get mail sent to your domain address instead of an account at AOL or Earthlink. You may leave this area blank if you do not want to take advantage of this service.
Free Email Address
Free Email Address
AFSB Provides

Low Cost Guarantee
No long term contracts to sign
30-day free trial
No set up fees
Easy to set up
AFSB

AFSB

Test Drive

AFSB Provides

© 2008 Tenenz, Inc. All rights reserved.
