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Desert Solutions
8190 W. Deer Valley Rd
Suite 104-PMB228
Peoria, AZ 85382 US
Phone: (602)770-6438
Samuel Moore
Email: snsmoore@cox.net

With a 12 month contract you will receive a 8.3 percent discount which is equal to 1 free month of web hosting service.

WEB Hosting Agreement

Below is a copy of the service agreement that you may have already accepted.

SERVICE AGREEMENT TERMS AND CONDITIONS

1. SERVICES

This Service Agreement ("Agreement") applies to the purchase of all services (collectively, the "Services") ordered by you in the agreement. Desert Solutions reserves the right to amend its Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to
time, and to determine whether and when any such changes apply to both existing or future customers.

2. BILLING AND PAYMENT

You shall pay the fees and other charges for each Service as provided in the Order. Desert Solutions reserves the right to change rates as required by your usage / volume by notifying you Thirty (30) days in advance of the effective date of the change Service charges shall be invoiced in accordance with the terms and conditions set forth both herein and in the Service Order Form. All payments shall be made in U.S.
currency. You will pay a late payment charge as described on the invoice, or per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fee due. You agree to pay Desert Solutions its reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing its rights under this Agreement. You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services and the sale of hardware, software or equipment to you, except that taxes based on Desert Solutions' net income shall be the responsibility of Desert Solutions.

3. ADDITIONAL TERMS FOR DOMAIN NAME REGISTRATION

A. Desert Solutions' Customer agrees to pay Desert Solutions, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Domain Name Agreement for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. The current rate for Domain Registration is $30.00 per year (flat) using a Third Party domain name services, All fees are non-refundable, in whole or in part, even if Customer's domain
name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Desert Solutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Desert Solutions to the email address indicated in Customer's registration application.

B. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Desert Solutions) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that
the domain name registration shall be transferred to Desert Solutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Desert Solutions will
reinstate Customer's domain name registration solely at Desert Solutions' discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

C. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration will be cancelled. Payment must be made by credit card or such other method as Desert Solutions may indicate in the registration application or renewal form. Desert Solutions will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs Desert Solutions otherwise within the time specified. If Customer's billing information is not accurate and Customer wishes to renew Customer's domain name registration, we will contact Customer to update this information and charge Customer accordingly.

D. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall Desert Solutions be responsible for this cost. Upon setup of New Hosting with Desert Solutions, Desert Solutions will make the neccissary server changes to point your existing name at your newly set up hosting included in the server setup fee provided Control Panel Access is available to Desert Solutions to make such changes.

E. Use of Personal Information; Updated Information. Desert Solutions will collect certain personal information (including, without limitation, contact information such as name, address, email address and
telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that Desert Solutions will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that Desert Solutions otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s),
and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that Desert Solutions shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws. However, Desert Solutions does not "sell or purposely present" any of the Customer's personal data concerning Customer's registration available for bulk access for marketing purposes. Customer may request Customer's Personal Information and/or domain name registration information in Desert Solutions possession to review, modify or update such information. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. Desert Solutions will take reasonable precautions to protect the information it obtains from Customer from loss,
misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by Desert Solutions.

F. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Desert Solutions may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name.

G. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

H. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by Desert Solutions concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.

I. Country Code Domain Names: .TO and .CC Domains. If Customer has in the past or wishes now to register a domain name for the Cocos Islands (.CC) or Tonga (.TO), Customer's registration and use of these respective domains is governed by Customer's agreement with the national registry in each country. By applying for the domain name and through the use or continued use of the domain name, Customer agrees to be bound by the terms of the relevant national DNS registration authority for the countries of
Cocos Islands (.CC) and Tonga (.TO), respectively. Registration does not guarantee the ability to use, or that a third party will not object to the use of, a domain name. Additional information about .CC and .TO domains may be found at http://www.nic.cc/policies.html and http://www.tonic.to/faq.htm. For .CC or .TO domains, Customer will be charged an additional by Desert Solutions for the first two years' national
registration fees, at per year. The national DNS registration authorities for the countries of Cocos Islands (.CC) and Tonga (.TO) require payment of these fees at the time of registration. Desert Solutions Third Party Registration Service is authorized by the national registration authorities of Cocos Islands and Tonga to collect these fees on their behalf.

J. Third-Party Proprietary Rights: Desert Solutions makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process.

K. Welcome Page. Customer consents to Desert Solutions' activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to my Future Website." Such "Welcome Page" indicates that Desert Solutions registered the domain name, and links to Desert Solutions or Third Party websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for web hosting and posts Customer's own content.

4. TERM

Domain name registration services shall be for the term indicated during registration. Domain name registration agreements will be renewed and terminated on the terms indicated above ("Additional Terms for Domain Name Registrations"), and in the Domain Name Registration Agreement, Domain Name Dispute Policy and related agreements that you will be asked to review and must agree to during the registration process. For all Services other than domain name registration services, this Agreement
shall be for the term specified during the initial agreement process. With regard to such other Services, this Agreement will be automatically renewed at the end of the initial term for the same term specified by you on the Order Form unless you provide sixty (30) days written notice to Desert Solutions of termination of this Agreement.

5. ACCEPTABLE USES

You shall at all times adhere to the Acceptable Use Policy located at http://www.desertsolutions.net/acceptableuse.html , as amended from time to time by DESERT SOLUTIONS effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Desert Solutions may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by you of the DESERT SOLUTIONS Acceptable Use Policy. In the event Desert Solutions takes corrective action due to a violation of the Acceptable Use Policy, Desert Solutions shall not refund to you any fees paid in advance of such corrective action.

6. EQUIPMENT

Desert Solutions is acting only as a reseller or licensor of any hardware, software and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. DESERT SOLUTIONS shall not be responsible for any changes in Services(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Equipment either sold, licensed or provided by DESERT SOLUTIONS to you or purchased directly by you used in connection with the Service(s) will not be deemed a breach of Desert Solutions' obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Equipment are limited to those rights extended to you by the manufacturer of such Equipment. You are entitled to use any Equipment supplied by DESERT SOLUTIONS only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by DESERT SOLUTIONS to you through any Equipment and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

In the event that DESERT SOLUTIONS provides Equipment to you free of charge, upon the termination of this Agreement for any reason, you, at your election, may: (a) purchase the Equipment at the rate of 75% of its original retail value; or (b) return, at your costs, the Equipment to DESERT SOLUTIONS in the same condition as furnished to you, excepting normal wear and tear.

If you do not purchase or return the Equipment within ten (10) business days of the termination of the Agreement, DESERT SOLUTIONS will invoice you, and you agree to pay, for the Equipment at the rate of 75% of its original retail value.

7. IP ADDRESS OWNERSHIP

DESERT SOLUTIONS shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by DESERT SOLUTIONS and DESERT SOLUTIONS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

8. CACHING

You expressly (i) grant to DESERT SOLUTIONS a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by DESERT SOLUTIONS under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

9. CPU USAGE

You agree that you shall not use excessive amounts of CPU processing on any of Desert Solutions' servers. Any violation of this policy may result in corrective action by DESERT SOLUTIONS, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that DESERT SOLUTIONS elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

10. BANDWIDTH AND DISK USAGE

You agree that bandwidth and Disk usage shall not exceed the number of megabytes per month required to maintain and use the web-site as initially described during the agreement for the Services ordered by you originally. This usage shall be monitored and measured by DESERT SOLUTIONS. Any bandwidth or Disk usage in excess of the agreed upon number of megabytes per month may result in notification or corrective action by DESERT SOLUTIONS, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that DESERT SOLUTIONS elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

11. E-COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials
appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

12. DISCLAIMER OF WARRANTY

You acknowledge and agree that DESERT SOLUTIONS exercises no control over, and accepts no responsibility for, the content of the information passing through Desert Solutions' host computers, network hubs and points of presence (the "DESERT SOLUTIONS Network") or the Internet. NEITHER DESERT SOLUTIONS, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT DESERT SOLUTIONS PROVIDES. NEITHER DESERT SOLUTIONS, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICED OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. DESERT SOLUTIONS IS NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE(S) PROVIDED BY DESERT SOLUTIONS.

13. INDEMNIFICATION

You will indemnify, defend and hold harmless DESERT SOLUTIONS and its employees, officers, directors and agents (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Acceptable Use Policy.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL DESERT SOLUTIONS OR ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF DESERT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Desert Solutions' liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

15. FORCE MAJEURE

DESERT SOLUTIONS shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

16. GOVERNING LAW

The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

17. AMENDMENT; WAIVER

Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of you and DESERT SOLUTIONS. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

18. ASSIGNMENT; SEVERABILITY

This Agreement shall be binding upon and inure to the benefit of you, DESERT SOLUTIONS and our respective successors, and assigns. You may not assign this Agreement without the prior written consent of DESERT SOLUTIONS. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

19. ENTIRE AGREEMENT

This Agreement, together with any other document or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements.

20. ACCEPTANCE OF SERVICES

ACCEPTANCE OF THIS AGREEMENT BY DESERT SOLUTIONS MAY BE SUBJECT, IN DESERT SOLUTIONS' ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE DESERT SOLUTIONS' ACCEPTANCE OF THIS AGREEMENT. USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TO THE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

21. CANCELLATION POLICY

If you cancel your Service Agreement prior to the end of the term specified in the agreement, DESERT SOLUTIONS shall not refund to you any fees paid in advance of such cancellation. You will be required to pay 100% of Desert Solutions' standard monthly charge for each month remaining in the term. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient customer identification information. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. Any cancellation by Desert Solutions or you shall not relieve you of any obligations to pay fees accrued prior to such cancellation.

Privacy Statement: We will never sell your information or provide it to anyone else (unless required by law to do so). We use it for ourselves to contact you or for sales record purposes only. We rarely send e-mail (Usually less than 1 per month) as well. We do not believe in or support SPAM. We don't use Cookies either... Our store runs a bit slower because of this, but it is on a secure server. You are safe with us! Thanks for your business!

We Support Our Nation and our Hero's! Great Work Troops!!!
Let us not forget those who have sacrificed so much to brighten our future... We Remember...

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