This Web Site Design Service and Maintenance Agreement ("Agreement") is entered into by and between Brady Consulting ("Brady Consulting") a/an web design and consulting company 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 Brady Consulting Web Site Design and its related services (collectively, the "Services") and represents the entire agreement between You and Brady Consulting concerning the subject matter hereof. By using the 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 Brady Consulting may establish from time to time, in its sole discretion, and any agreements that Brady Consulting is currently bound by or may become bound by in the future. Such Agreements may be found here. All Brady Consulting policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

1. DESIGN SERVICES

Depending on the level of service purchased, Brady Consulting will create a web site tailored toward Your reasonable expectations. The service will include an initial interview, presentation of the initial design (after a customer deposit), a statement of work (depending on level of service purchased and complexity of project) and either: 1) a custom-built web design or web-based application or 2) a web site design and maintenance package which includes hosting, domain name purchase, and 2 hours per month of consulting for a fixed monthly cost determined at the time of project design.

Requests for additional design updates or site updates beyond the first review update 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 Brady Consulting 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 facilities via any standard shipping carrier.

Brady Consulting is not responsible for delays in web site completion due to delays in the receipt of electronically transmitted or shipped items. Brady Consulting, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. All materials provided should be copies and not original material. Brady Consulting will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation.

Brady Consulting 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 Brady Consulting from any obligation for further revisions or alterations. No credits or refunds shall be given for any reason including dissatisfaction with the design created.

2. RECURRING WEB SITE DESIGN SERVICE

All new customers that elect to purchase the Web Site Design and Maintenance package are responsible for paying for an initial 24-month maintenace contract. Services provided by this contract include hosting, domain name purchase, and 2 hours per month of consulting for a fixed monthly cost determined at the time of project design. Note that customers may be charged extra for excessive bandwidth usage beyond normal monthly limits established by all customer's average usage. In addition, the 2 hours of consulting provided per month expire each month if not used. Consulting required beyond 2 hours on any given month will result in standard consulting charges at a rate of $50 per hour.  All Services are dependent upon Your active subscription to the Recurring Web Site Design Service. During the design period, You must maintain your subscription.

Recurring billing for your Web Site Design Service plan will begin the date of purchase. Cancellation of the service after the mandatory 24-month initial service period ends will not entitle You to a refund for the prior months' service. Cancellation of the service before the the mandatory 24-month initial service period ends will not entitle You to a refund. Those that cancel prior to the 24-month initial maintenance period will be assessed an early termination fee equal to the remainder of the 24-month contractual obligation.

The Services are not transferable to other services Brady Consulting provides or other hosting accounts other than the account initially associated with the Services during the initial purchase.

3. LEGAL AGREEMENTS

You acknowledge that You have entered into the Web Site Design Service Agreement. You further acknowledge that You and Brady Consulting or a Brady Consulting affiliate ("Service Provider") have entered into a Maintenance Service Agreement ("Maintenance Agreement"). You agree to be bound by these agreements and all policies and procedures as posted on this web site

4. LIMITATION

Brady Consulting strives towards creating a web site that meets Your expectations. However, Brady Consulting 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. Brady Consulting is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unpublished web site may be archived and will require additional activation fees to recover.

You are responsible for maintaining the security of Your account. Brady Consulting shall not be liable for any revisions or changes made by Your or any person gaining access to Your account. Any revisions requested to fix such changes shall be made in Brady Consulting's sole discretion and then only upon payment of additional fees.

Brady Consulting reserves the right to refuse any direction to create a web site that exploits children, contains 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 Brady Consulting, in its sole discretion, decides. Brady Consulting has the right, but not the obligation, to back up or archive Your web site prior to publication. Customers that want backups provided must contact Brady Consulting and pay a fee for such a service.

Brady Consulting may display screen shots of the resulting product online, in marketing materials or in other manners in Brady Consulting's sole discretion.

5. AVAILABILITY OF SERVICE

Subject to the terms and conditions of this Agreement and each of Brady Consulting's policies and procedures, Brady Consulting shall use commercially reasonable efforts to attempt to provide the Services throughout the term of this Agreement. 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 Brady Consulting may undertake from time to time; or (iii) causes beyond the reasonable control of Brady Consulting or that are not reasonably foreseeable by Brady Consulting, 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 Brady Consulting has no control over the availability of the Services on a continuous or uninterrupted basis.

6. YOUR OBLIGATIONS

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 Brady Consulting 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.

Upon notice that Your web site is ready for You to review, within five (5) days of such notice, You must: (i) provide Brady Consulting with Your site update revisions; or (ii) notify Brady Consulting that You have no revisions. If You do not provide revisions or notify Brady Consulting that You have no revisions, Your web site will be published on Your behalf.

Your web site will be published on Your behalf once the web site is completed, unless You notify Brady Consulting of Your election not to publish.

You acknowledge and agree that once published, all Brady Consulting's obligations under this Agreement have been met. At any time after publication, You may elect to de-publish Your web site by contacting Brady Consulting.

7. Brady Consulting's RIGHTS AND RESTRICTIONS

Brady Consulting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Brady Consulting ; (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 tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Brady Consulting, 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 Brady Consulting 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 Brady Consulting 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 Brady Consulting terminates Your use of the Services, Brady Consulting may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. Brady Consulting has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.