This area of The Unit Club.Com's (TUC) website is where you can find all of the information about TUC's agreements and policies as related to your website. 
These Policies and Agreements are binding once you have joined  The Unit Club via this website.   

This page may be updated and/or corrected from time to time.  The Unit Club.Com will send out a notification to all TUC members when any major changes to this page occur.  You may not be notified when minor; cosmetic or context errors are corrected.

We recommend that you read and print this information for your records.

Policies

1. Subscription and Cancellation:
   1. Subscription Period
      1. The subscription period for all TUC websites is set at a minimum of 6 months from the date on which you are first billed regardless of your contracted billing method. Special and/or promotional rates may not be included and may vary. Please contact The Unit Club if you have any questions.
   1.  
      1. Cancellation:
         1. Once the Domain Name has been registered, and/or the website has been setup The Unit Club reserves the right to charge your account for the expenses incurred when setting up your website minus any fees which have already been charged.  This includes, but is not limited to the setup fee, and the DNS registration fee.   This also includes accounts which have signed up at special, and/or promotional rates, and have had the setup and/or DNS registration fees waived at signup.
         2. Cancellation requests must be in recieved in writing, from the email account which The Unit Club has on file for your account.
   3. Billing
      1. The Unit Club.Com will bill all accounts at your contracted intervals. You hereby agree to authorize The Unit Club to bill your credit card, or automatically charge your credit card through Paypal subscriptions at your contracted intervals.
         
      2. The Unit Club will contact you via email or via telephone if your billing information needs to be updated.  We will never ask you to send your credit card information via email.
         
      3. Any accounts which are not current for 60 days or more are subject to have their user account(s) disabled until the account has been brought current.
         
      4. Any accounts which are more than 90 days past due will incur a $20 per month late charge, and will have their website(s) disabled until the account has been brought current.
         
      5. All pricing plans will remain in effect for a minimum period of five (5) years, after the initial sign up.  The Unit Club reserves the right to adjust its pricing plans for all members.  Customers of The Unit Club  will be notified a minimum of three (3) months prior to any increase in pricing.
         
   4. Design
      
      1. All website designs will remain the copyrighted, intellectual property of The Unit Club.com, and may not be used for any other purpose with out expressed written consent of The Unit Club.com. This includes all of the graphics and text of the design template as well as any coding, scripting and/or forms.  This does not include any graphics, images, and or logos provided by you, the member, for the use within your website design. 
         
   5. Content
      
      1. All content, including graphics, images, text, links, and any media, within the website is the sole responsibility of the contracting party and not the responsibility of The Unit Club.com.  
         
      2. As the website owner, you assume full responsibility for any content published on your website.
         
      3. Upon request, The Unit Club will transfer content from another website, to your new Unit Club website under the following conditions.
         1. The website where the content is transfered from must be owned by the contracting party.
         2. Although The Unit Club will make all efforts to transfer all of your content, we are not responsible for oversights and omissions when transferring.
         3. Guestbook and Forum entries will not be transfered to your Unit Club website.
         4. The Unit Club attempts to transfer all website content within two (2) weeks, but makes no guarantee to how long transferring your site content will take. 
            
   6. Hosting Servers Domain Names, and Software Upgrades.
      
      1. The Unit Club.com is wholly responsible for setting up, maintaining and upgrading the web servers which runs your website.
         
      2. The Unit Club is responsible for registering, updating, transferring and otherwise maintain all domain names for all of our websites.
         
      3. At The Unit Club's discretion, we may update, upgrade or remove any or all of the software packages which are used to run the websites that we host.  Upon major updates and or upgrades, The Unit Club will notify its clients before performing such actions.  Some upgrades may require some down time for our web servers and websites.  In this case, you will be notified prior to such actions being taken.
      4. If you choose to manage your domain name yourself, The Unit Club is not responsible for domain renewals, domain updates, domain transfers, or any downtime which may occur due to domain management or any errors in the domain records.  Including, but not limited to, domain expiration, name server errors, ip address errors, and domain protection.
   7. Security and Privacy
      1. Because of the lack of security in E-Mail, TUC will never ask you to send any credit card or other sensitive personal information via email.  If you ever receive an E-mail which appears to come from The Unit Club, that asks for credit card or personal information which is to be sent via E-mail, please notify us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it as soon as possible.  Please note that The Unit Club sends billing notifications to all of our clients via email.  These emails will contain a link to The Unit Club's website where you can securely pay your bill. 
      2. We respect your right to privacy; TUC will never release any of your personal information to any third party without express written consent from you. 
   8. Intellectual Property and Copyrighted Materials
      1. Any and all materials posted on your website are assumed by TUC to be legally licensed and/or obtained for use on your website.  TUC assumes no responsibility for the legality of the content posted on your website.
      2. Because TUC is not affiliated with Mary Kay Cosmetics Inc., we can not obtain any materials on your behalf from the Mary Kay website.
      3. Because of intellectual property laws and copyright laws, TUC will not obtain any materials from any other website for use on your website.
         
      4. Any materials (photographs, graphics, music etc.) sent to The Unit Club.com for use on your website weather in the design, content area or elsewhere are assumed by The Unit Club to be legally obtained by you.  The Unit Club.com assumes no responsibility for copyright infringement on any of the above mentioned materials which are used on your website. 

Agreements

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. SCOPE

a. If Customer has signed a Master Agreement with The Unit Club, this Agreement is governed by that Master Agreement.  All terms in that Master Agreement will take precedence over any conflicting terms in this Agreement.

2. DEFINITIONS

a. “Plans” means proposals for offering various services to be provided by The Unit Club, as listed in The Unit Club Service Plans document.  “Plans” do not include the use of any trademarks owned by The Unit Club.

b. “Customer” means an end user who is utilizing services provided by  The Unit Club and its parent companies.

3. PRICES

a. All prices for Plans provided by The Unit Club to Customer are in U.S. Dollars.

b. Customer shall be responsible for paying all taxes of any nature which become due with regard with The Unit Club, except for taxes on The Unit Club’s income, irrespective of which party may be responsible for reporting or collecting such taxes.

4. ORDER ACCEPTANCE, PAYMENT

a. All orders are subject to acceptance by The Unit Club.  An order will be deemed accepted by The Unit Club when written or verbal confirmation of the order is sent to Customer.  The Unit Club may refuse to accept any order, or delay acceptance pending fulfillment of conditions The Unit Club may choose to impose.  Such refusal or such conditions may not be unreasonable, however, and The Unit Club agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order.

b.      Payment and Terms:       Payment shall be made in US dollars to The Unit Club using the method designated by The Unit Club, or as may otherwise be agreed in writing by the parties.  Payments are due upon account activation and future renewal.  If due to bank charges, transfer fees, or the like, The Unit Club should receive less than its invoice amount, The Unit Club will re-invoice Customer for the shortfall.  Customer agrees to be bound by The Unit Club’s published Billing Policies and terms.  In the event that any amount remains unpaid sixty (60) days after presentation of invoice, The Unit Club may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate.

5.TERMS OF SERVICE

a. Server Set-Up and Updating: THE UNIT CLUB will initially configure the web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management.

b. Maintenance Services:  THE UNIT CLUB will perform maintenance services as THE UNIT CLUB determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges such maintenance may require Web server and hosting account downtime, and such downtime will not count against any uptime guarantees. THE UNIT CLUB will attempt to provide prior notice of maintenance downtime except when circumstances beyond THE UNIT CLUB’s control limit THE UNIT CLUB’s ability to do so.

c. Account Usage:  Customer shall not use (i) excessive amounts of CPU processing on Customer’s Web server, or (ii) bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges any violation of this policy may result in corrective action by THE UNIT CLUB, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer. In the event that THE UNIT CLUB decides to take corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

d. Customer shall be solely responsible for (a) the development, operation, and maintenance of Customer’s Web site and products and all content and materials appearing within the Web site or related to Customer’s products, including without limitation (i) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer’s products, (ii) ensuring that the content and materials appearing within the Web site or related to Customer’s products do not violate or infringe upon the rights of any third party, (iii) ensuring that the content and materials appearing within the Web site or related to Customer’s products are not libelous or otherwise illegal; (b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from; and (d) the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Web server software.

e. IP Address Ownership:  THE UNIT CLUB and/or THE UNIT CLUB’s service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by THE UNIT CLUB, and THE UNIT CLUB reserves in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

f.  Caching:  Customer grants THE UNIT CLUB a license to cache the entirety of Customer’s Web site (including content provided by third parties) hosted by THE UNIT CLUB, and agrees such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.

g. Domain Name Registration: Customer retains all rights to the Domain Name. The Unit Club and its subsidiaries will register and maintain the domain names. Should the customer decide to leave The Unit Club, the customer will retain the Domain Name and will transfer to new service provider at no cost to The Unit Club or any of its subsidiaries.

6. DUTIES OF THE UNIT CLUB

THE UNIT CLUB will acquire, on request, an Internet Domain Name (only from the US InterNIC) on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against THE UNIT CLUB for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line of off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by THE UNIT CLUB for any reason. Any costs of THE UNIT CLUB in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to THE UNIT CLUB upon invoice from THE UNIT CLUB to Customer.

7. RULES AND REGULATIONS

THE UNIT CLUB may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. This information is posted on the Internet at: http://theunitclub.com/CMS/index.php?option=content&task=view&id=6&Itemid=36

8. LIMITATION OF THE UNIT CLUB’s OBLIGATIONS AND LIABILITY

a. THE UNIT CLUB will utilize its best efforts to maintain acceptable performance of contracted for services, however THE UNIT CLUB makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. THE UNIT CLUB cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. THE UNIT CLUB will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. THE UNIT CLUB shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of THE UNIT CLUB.

b. THE UNIT CLUB may discontinue servicing any Plan, or may require fulfillment of conditions THE UNIT CLUB may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and THE UNIT CLUB agrees to provide Customer with reasonable notice via Email or fax of any such intent to discontinue or impose conditions.

c. THE UNIT CLUB’s liability to Customer and any end user of any Plan or other THE UNIT CLUB services is limited to the amount paid to and received by THE UNIT CLUB for services not accepted. In no event shall THE UNIT CLUB be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of Agreement, negligence or otherwise, even if THE UNIT CLUB has been advised of the possibility of such damage.

d. Customer will take all necessary measures to preclude THE UNIT CLUB from being made a party to any lawsuit or claim regarding THE UNIT CLUB services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless THE UNIT CLUB from any and all claims of whatever nature brought by any of Customer’s customers against THE UNIT CLUB in excess of the remedy set forth in paragraph 6(C).

9. DISPUTES

The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Schaumburg, Illinois , or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator’s compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the Agreement. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels.

10. TERM, TERMINATION

a.  This agreement shall run in accordance with the term of the initial
order. It shall be automatically renewed on a regular basis in accordance with the term of the initial order or subsequent change to that term unless terminated in one of the following ways:

b. By customer, by notifying THE UNIT CLUB in writing twenty (20) days prior to renewal of this agreement.

c. By THE UNIT CLUB, upon thirty (30) days’ written notice, if Customer breaches any material and substantial provision of this agreement and has not cured by the end of the 30 days.

d. By THE UNIT CLUB, upon sixty (60) days’ written notice, if

1. THE UNIT CLUB provides Customer with written notice of the specific reasons for its belief in this regard, and

2. Customer has not cured by the end of the 60 days.

e. By THE UNIT CLUB, immediately upon giving written notice to Customer, in the event that

1. Any bank draft or check delivered by Customer to THE UNIT CLUB in payment for Products is returned unpaid and Customer fails to remedy such nonpayment within five business days;

2. Customer becomes more than sixty (60) days in arrears in payment of its account with THE UNIT CLUB;

3. There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing;

4. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or

5. Customer makes an assignment of all or part of its assets for the benefit of creditors.

f. By THE UNIT CLUB immediately, if Customer attempts to assign all or any part of this Agreement without THE UNIT CLUB’s prior written approval;

g.  By THE UNIT CLUB immediately, if Customer fails to inform THE UNIT CLUB in writing immediately on the happening of any event specified in this section;

h. By Customer, immediately upon giving written notice to THE UNIT CLUB, if

1.      There are instituted bankruptcy or insolvency proceedings against THE UNIT CLUB, which are not vacated within sixty (60) days from the date of filing;

2.      THE UNIT CLUB institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;

3.      THE UNIT CLUB makes an assignment of all or part of its assets for the benefit of creditors; or

4.      THE UNIT CLUB fails to inform Customer in writing immediately on the happening of any event specified in this section.

The provisions of paragraphs 9, 12, 13, and 14 survive any termination of this agreement.

11. NONASSIGNABILITY

Customer’s rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of THE UNIT CLUB, which consent shall not be unreasonably refused.

12. PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. THE UNIT CLUB and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

13. APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by THE UNIT CLUB in Illinois . It is to be governed by and construed under the laws of the State of Illinois and the United States of America . The federal and state courts of the State of Illinois shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Illinois an d(2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by THE UNIT CLUB. To extent permissible by the law of Customer’s jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

14. LAWS AFFECTING ELECTRONIC COMMERCE

The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend THE UNIT CLUB and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s use of Internet electronic commerce.

15. NOTICES

Except with respect to service of process as set forth in paragraph 10, all notices may be sent by mail, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

16. ENTIRE AGREEMENT, MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. THE UNIT CLUB may make changes to this agreement upon thirty (30) days’ written notice to Customer, advising of the change and the effective date thereof. Utilization of THE UNIT CLUB services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.

17. ENTIRE UNDERSTANDING

This AGREEMENT constitutes the sole agreement between THE UNIT CLUB and the Customer regarding its Website.  This AGREEMENT shall be governed and construed in accordance with the laws of the State of Illinois .  The parties agree that if any part, term, or provision of the Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

 Upon becoming a customer of The Unit Club.com, you are bound and agree to all of the terms and conditions set forth herein