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Privacy Policy
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Provisioning And Invoicing

Statement

Funzow.com Free Websites has created this privacy statement in order to demonstrate commitment to customer privacy. The following discloses the information gathering practices for Funzow.com Free Websites.
Automatically Logged Information

We use your IP address to help identify visitors and to help improve the website's performance for different browser/operating system configurations.
Email Communication

We will not intentionally monitor or disclose any of your e-mail messages unless we believe or we are required to do so:
- To enforce these Terms and Conditions,
- By law,
- To defend our corporation in any action,
- To protect our property, dignity and innocence.

Funzow.com Free Websites will not send to its customers any unsolicited information, including e-mails, except as mentioned below. New Customers will receive a Funzow.com Free Websites welcome e-mail providing the user credentials and explaining the features provided by the service. Funzow.com Free Websites may also send periodic member letters to announce important service changes, new features, technical issue updates and news about the Service.
Cookies

Our site uses cookies to identify you each time you visit our site. We also use cookies for web site statistics. These statistics consist of browser and operating system types, search engine keywords, referrer IDs, how long a visitor stays at the site, and pages viewed at our site. In no way do these statistics track users after they leave Funzow.com Free Websites.
Advertisers

Your personal information will never be sold or traded for any reason. You agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and not share it with anyone.
Registration Forms

Contact information from the registration forms is used to contact the customer when necessary.
External Links

This site contains links to other sites. Funzow.com Free Websites is not responsible for the privacy practices or the content of such Web sites.
Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
Children Guidelines

We care deeply about children and understand that they have special privacy needs. Therefore, we have adopted the following privacy policy regarding children:
We will NOT collect, use, or distribute personally identifiable information to third parties without prior verifiable parental consent.
We will NOT grant children access to unmonitored chat rooms, message boards, email accounts, or other services that could give the them the ability to publicly post or otherwise distribute personally identifiable information without prior verifiable parental consent.
News Letter Notification Policy

Customers may opt out of receiving newsletters and/or notices from Funzow.com Free Websites by following simple procedure available with a link at the botton of the newsletter email.

Please note, however, that Funzow.com Free Websites reserves the right to send bulletins and other important information regarding our services at our discretion.
Changes to our privacy policy

We at Funzow.com Free Websites reserve the rights to change our privacy policy at any time without notice.

Terms of Services - FREE Hosting

PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID ANY MISUNDERSTANDINGS AND EVEN TERMINATION OF SERVICE!

Funzow.com Free Websites shall provide its Services to YOU (Customer, User) under the following Terms of Services (TOS). The TOS are intended to protect both the integrity and liability of Funzow.com Free Websites and the Customer. These TOS will be enforced to ensure the speed, power, performance, and reliability of our services.

YOU MUST understand and agree that the Service is provided on "AS IS" basis and that Funzow.com Free Websites assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Customer communications, data or personalization settings.

Funzow.com Free Websites HOSTING SERVICES:
1. MONTHLY TRAFFIC. The Customer can use data traffic according to the hosting plan\'s monthly traffic allotment and can also purchase additional traffic.
2. DOMAINS HOSTED. Funzow.com Free Websites - Web Hosting Services include domain hosting. The Customer can host as many domains as he/she is allowed to by his/her hosting plan.
3. DISK SPACE. The Customer has a fixed disk space quota for his/her account according to his/her hosting plan and/or upgrade.
4. SERVER RESOURCES UTILIZATION. The Customer MUST understand that his/her account is located on a shared hosting server setup and he/she must not use excessive system resources that might deteriorate the server\'s performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS system resources USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND.
5. ACCOUNTS. The Customer has the right of having only one free account. This limitation does not apply to paid accounts, i.e. The Customer can have as many paid accounts as he/she needs. Every new free account created by a unique Customer will be deleted upon inspection and our sole discretion unless The Customer contacts a representative of Funzow.com Free Websites.
6. 1. The Customer is responsible for building and updating his/her web pages, and regularly backing up any related data.
  2. Funzow.com Free Websites free hosted sites MAY be used as an entry to a non-Funzow.com Free Websites hosted site ONLY if the user is not automatically redirected to the non-Funzow.com Free Websites hosted site.
  3. FTP Usage
    
    - FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is not to be used for the distribution of files.
    
    - FTP usage for webcam purposes is STRICTLY FORBIDDEN.
    
    - All free accounts have an upload file size limit of 500KB!
    
    - Funzow.com Free Websites reserves the right to revoke or restrict any FTP access and/or remove any web site that causes improper or excessive FTP usage.
  4. SCRIPTING Languages - The usage of PHP/PERL/CGI/etc. and MySQL is STRICTLY FORBIDDEN for the following (but not limited to) actions: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, and conducting attacks against third party systems. Such USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if the Customer has upgraded his/her account from a free to a paid one.
    
    - Funzow.com Free Websites reserves the right to revoke or restrict the access to any SCRIPTING Languages and/or remove any web site or even an account for improper or excessive SCRIPTING Languages utilization.
  5. . Hotlinking is restricted and forbidden on Funzow.com Free Websites.
  6. The following file types are restricted from uploading on Funzow.com Free Websites free web hosting - .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .rar, .gz, .tgz.
  7. Funzow.com Free Websites reserves the right to place advertisements on users\' pages on its sole discretion at any time without any notice.
  8. The following PHP functions are disabled on Funzow.com Free Websites free web hosting due to system/security reasons: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit, getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Funzow.com Free Websites Services, YOU will not use the Funzow.com Free Websites Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU must not attempt to gain unauthorized access to any Funzow.com Free Websites Services, other accounts, computer systems or networks connected to any Funzow.com Free Websites Services, through hacking, password mining or by any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Funzow.com Free Websites Services.

Funzow.com Free Websites, in its sole discretion, reserves the right to disclose at any time any piece of information that Funzow.com Free Websites deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.

Please, report any violations of these Terms of Services to abuse@supportindeed.com
THIRD PARTY
Any dealings with third parties (as well as advertisers) included within the Funzow.com Free Websites Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. Funzow.com Free Websites cannot be held responsible or liable for any part of such dealings and promotions.
TERMINATION
YOU agree that Funzow.com Free Websites, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if you happen to violate these terms.
YOUR RESPONSIBILITIES
YOU are solely responsible for the content of your web pages, messages or data you or your sites\'s users upload on Funzow.com Free Websites servers. Using the Funzow.com Free Websites Services in connection to surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, YOU agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form.
2. Maintain and promptly inform us to update the Registration Data in order to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or Funzow.com Free Websites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Funzow.com Free Websites has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. YOU will receive a password and account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are assiciated with your account. YOU agree to:
  
  - immediately notify Funzow.com Free Websites of any unauthorized use of your password, account and/or any other breach of security;
  
  - ensure that you exit from your account at the end of each session;
  
  - refrain posting, disclosing, providing, selling or offering to sell your account details provided by Funzow.com Free Websites to any third parties;
  
  Funzow.com Free Websites cannot and will not be held liable for any loss or damage arising from your failure to comply with this.
4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers\' utilization is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following: - Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic; - Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks; - Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;
5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
6. Funzow.com Free Websites does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
  
  - Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
  
  - Violate any law, statute, ordinance or regulation;
  
  - Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  
  - Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
  
  - Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;
  
  - Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
7. YOU acknowledge and agree that based on its sole discretion Funzow.com Free Websites might filter abusive words and/or links due to security reasons (i.e. words or links of PayPal, eBay, AOL, Amazon [not limited to]).
8. Use of phishing or mimic sites are strictly prohibited on Funzow.com Free Websites, any user's account suspected in such activity will be terminated WITHOUT refund and legal actions will be started to the final extend of the law.
9. YOU completely agree and understand that by sighing up with Funzow.com Free Websites you might receive system notification emails and newsletters.
10. YOU acknowledge and agree that Funzow.com Free Websites might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

- Advertising of your Funzow.com Free Websites hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;

- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;

- The sending of junk mail;

- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

- Posting commercial ads to USENET newsgroups that do not permit them;

- Posting articles containing binary encoded data to a non-binary newsgroups;

- Excessive and repeated posting of off-topic messages to newsgroups;

- Excessive and repeated cross-posting;

- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;

- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
UNSUITABLE BEHAVIOUR
Any indecent abusive or insulting treatment towards a Funzow.com Free Websites employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with Funzow.com Free Websites employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
Other acts of treatment towards Funzow.com Free Websites employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to Funzow.com Free Websites or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. Funzow.com Free Websites reserves the right to restrict or completly stop access to clients\' accounts and even to once and for all stop clien\'t hosting account without issuing a refund if any of the aforemantioned rules are violated and if further communication is not possible due to continued bad mannered client behaviour!
COPYRIGHTS
Copyrighted material must not be placed on any Customer`s account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) must upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
MISCELLANEOUS
1. Funzow.com Free Websites cannot be held responsible for the content of pages hosted under our service. Funzow.com Free Websites does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.
2. Funzow.com Free Websites may terminate any account at any time, without a notice for conduct that it violates these guidelines, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that Funzow.com Free Websites believes is harmful to itsbusiness, or any of its users, or partners. Pages found in violation of these items may be a subject to immediate deletion and removal from our servers, and their webmasters may be a subject to banishment from the Funzow.com Free Websites network. The following is a non-exclusive list of contents and behaviors that are UNACCEPTABLE on Funzow.com Free Websites.
  1. Content that includes links to: nudity, pornography, adult content, sex, extreme violence, or foul language.
  2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, no matter whether for educational purposes or not.
  3. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize Funzow.com Free Websites resources, including e-mail addresses, for spam are also s subject to prosecution under the fullest extent of the law.
  4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
  5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
  6. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
  7. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
  8. Sites that exploit images of children under 18 years of age.
  9. Binary files, downloads, etc. that are not linked to an HTML page on the user`s site, such that an advertising banner is displayed. Links back to files on a user`s Funzow.com Free Websites page from other sites must also link first to an HTML page on Funzow.com Free Websites, which then links to the binary files.
  10. Content that contains, links to, or participates in pyramid schemes [HYIP], gambling, raffles, lotteries, and so forth.
  11. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
  12. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others` property, or to harm any people or animals.
  13. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
3. Funzow.com Free Websites provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services. Funzow.com Free Websites is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. Funzow.com Free Websites makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
  1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Funzow.com Free Websites resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither Funzow.com Free Websites nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
  2. Funzow.com Free Websites and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by Funzow.com Free Websites.
  3. Funzow.com Free Websites may also link to or include on its web site resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your web site and provide added value to our service.
  4. Because free accounts and its hosted sites are distributed by Funzow.com Free Websites and powered by Attractsoft GmbH, reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs distributed by Funzow.com Free Websites and powered by Attractsoft GmbH for use in their projection of Attractsoft GmbH associated overall traffic.

Terms of Services - PAID Hosting

The service that is a subject to the following agreement is distributed by Funzow.com Free Websites and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.

YOU (the Client) should be aware that by signing up for an account with Funzow.com Free Websites, YOU absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the Client accepts that it is beyond the power of Funzow.com Free Websites to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on Funzow.com Free Websites servers, which suggests that you would consider carefully any piece of information before uploading it to your hosting account on Funzow.com Free Websites servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents your electronic signature of this document.

Funzow.com Free Websites PAID SERVICES:

SERVICE AGREEMENT
Funzow.com Free Websites shall provide its Services to YOU [the Client] under these Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both Funzow.com Free Websites and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between Funzow.com Free Websites and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement\'s provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.

The Client\'s side of the Agreement could be presented by: - an individual with personal demands being over 18 years of age; - a legal entity such as a corporation, a limited liability company etc. that is consistent with state\'s law system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.

YOU understand and agree that the Service is provided on "AS IS" basis and that Funzow.com Free Websites assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.
Funzow.com Free Websites HOSTING SERVICES
1. Bandwidth - Each hosting plan includes prepaid and fixed bandwidth.
2. Domains Hosted - Funzow.com Free Websites hosting plans include domain hosting. Each hosting plan has a limit of the number of domains that can be hosted. For more information about the different plans refer to our web site.
3. Domain Registration - Free domain names are available ONLY with annual(1,2 or 3 years) web hosting account(s) subscriptions. Free domain name registration applies to .com, .net, .org, .us, .biz and .info domain names only for the initial year of registration. Each web hosting account can use a maximum of one discounted domain name. Please note that domain name registrations are final and cannot be refunded. In case of the following upgrades - from FREE plan to PAID plan and from PAID plan to another PAID plan with more features - FREE domain name registration is NOT included.
4. Disk Space - Each hosting plan includes prepaid and fixed disk space.
5. IP Address/es - Funzow.com Free Websites hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.
6. MySQL/PostgreSQL Database/s - All hosting plans include database/s. Please note that FREE hosting plans do not support a PostgreSQL database. Please observe the hosting plan comparison page on our web site for further details or contact our Sales Department.
7. MySQL/PostgreSQL Database/s Quota - The allocated MySQL/PostgreSQ quota per database depends on the hosting plan. Please observe the plan comparison page on our web site for more details or contact pur Sales Department.
8. SSH - Secured Shell access depends on the hosting plan. For reference please observe the plan comparison page on our web site.
BACKGROUND OPERATIONS/ADD-ON SERVICES

All paid hosting plans of Funzow.com Free Websites include, but are not limited to, the following services: CronTab service, Quick Script Installer and Mailing list integrated in the hosting Control Panel! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.

Additionaly Funzow.com Free Websites might offer the following ADD-ONS:

Funzow.com Free Websites ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. Funzow.com Free Websites REJECTS ANY IMPLIED WARRANTIES. ANY OF Funzow.com Free Websites\' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Funzow.com Free Websites, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
SERVICE GUARANTEES

Funzow.com Free Websites guarantees 99.8% network uptime. This, however, does not refer to problems araising from:
1. Server Hardware Breakdown.
2. User error(s) or purposeful interruption(s) of the hosting service.
3. Failures due to software that is not explicitly supported by Funzow.com Free Websites. Consequently, if a hardware crash provoked by a customer happens, Funzow.com Free Websites is beyond the control and responsibility for the resulting downtime.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
ACCOUNT USAGE & HOSTED CONTENT
1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Funzow.com Free Websites representative regarding any inquiries over this matter.
2. If any of Funzow.com Free Websites Services are used for the illegal purpose of SPAM, then those services will be immediatelly terminated. If unauthorized access is spotted, Funzow.com Free Websites reserves the right to ban without notice the use of any Funzow.com Free Websites hardware or software hosted on a Funzow.com Free Websites server for trying to illegally access another hosted machine or network.
  
  You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by Funzow.com Free Websites legal advisers to the final extend of the law.
MONEY BACK GUARANTEE

Funzow.com Free Websites offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your hosting plan. However, please note that hosting account upgrades and renewals are not applicable to refund as well as hosting accounts purchased for period of 3 and 6 months. Any domain registrations are final and do not include any money back guarantee and will be a subject to $19.95 USD per year.
PAYMENT AND CHARGEBACKS

All customers should abide by the following verification procedure.
1. Services are distibuted by Funzow.com Free Websites and provided by AttractSoft GmbH. By sining up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a web hosting service with Funzow.com Free Websites, customers agree to all specified Terms in this document. Thus, Funzow.com Free Websites will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
2. Funzow.com Free Websites will charge customers with fees based on the fee structure at the time of the sign-up process. Funzow.com Free Websites reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.
3. When signing up for a hosting account with Funzow.com Free Websites, the customer agrees to pay for 1 month and get the rest of the product's period free. All upgrades to an existing free or paid account are paid by the client based on the period stated in client's Control Panel, Completed Orders section. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
  
  Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged $30.00 USD, because when signing up with Funzow.com Free Websites, customers accept these terms and conditions, thus agreeing to observe them strictly.
WARRANTIES AND REPRESENTATIONS

Funzow.com Free Websites provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers\' hosting with Funzow.com Free Websites confronts with service interruption issues.
NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Funzow.com Free Websites Services, you will not use the Funzow.com Free Websites Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Funzow.com Free Websites Services, other accounts, computer systems or networks connected to any Funzow.com Free Websites Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Funzow.com Free Websites Services.

Funzow.com Free Websites, in its sole discretion, reserves the right to disclose at any time any piece of information that Funzow.com Free Websites deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
THIRD PARTY

Any dealings with third parties (as well as advertisers) included within the Funzow.com Free Websites Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. Funzow.com Free Websites cannot be held responsible or liable for any part of such dealings and promotions.
TERMINATION

YOU agree that Funzow.com Free Websites, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if you happen to violate these terms.
YOUR RESPONSIBILITIES

YOU are solely responsible for the content of your web pages, messages or data you or your sites\'s users upload on Funzow.com Free Websites servers. Using the Funzow.com Free Websites Services in connection to surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, YOU agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Funzow.com Free Websites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Funzow.com Free Websites has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. YOU will receive a password and account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are assiciated with your account. YOU agree to:
  
  - immediately notify Funzow.com Free Websites of any unauthorized use of your password, account and/or any other breach of security;
  
  - ensure that you exit from your account at the end of each session;
  
  - refrain posting, disclosing, providing, selling or offering to sell your account details provided by Funzow.com Free Websites to any third parties;
  
  Funzow.com Free Websites cannot and will not be held liable for any loss or damage arising from your failure to comply with this.
4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers\' utilization is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following: - Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic; - Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks; - Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;
5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
6. Funzow.com Free Websites does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
  
  - Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
  
  - Violate any law, statute, ordinance or regulation;
  
  - Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  
  - Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
  
  - Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;
  
  - Sites related or directly providing escort services;
  
  - Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
7. Use of phishing or mimic sites are strictly prohibited on Funzow.com Free Websites, any user's account suspected in such activity will be terminated WITHOUT refund and legal actions will be started to the final extend of the law.
8. YOU acknowledge and agree that Funzow.com Free Websites might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
In conclusion any client not observing the afore mentioned rules is a subject to an immediate account termination without refund!
CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
1. When buying a hosting plan with Funzow.com Free Websites, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
  - the accuracy and relevance of the Customer's content and material showcased in his/her store or on his/her products;
  - certainty that the Customer's content and materials appearing in his/her store or on his/her products do not violate or infringe upon the rights of any person;
  - certainty that the Customer's content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site/s and online store/s.
2. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site/s or online store/s.
3. Each Customer guarantees to Funzow.com Free Websites that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Funzow.com Free Websites that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
  - infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
  - break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Funzow.com Free Websites to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Funzow.com Free Websites is granted the right to assess the extent these operations need to be done.
UNSUITABLE BEHAVIOUR

Any indecent abusive or insulting treatment towards a Funzow.com Free Websites employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with Funzow.com Free Websites employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
Other acts of treatment towards Funzow.com Free Websites employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to Funzow.com Free Websites or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. Funzow.com Free Websites reserves the right to restrict or completly stop access to clients\' accounts and even to once and for all stop clien\'t hosting account without issuing a refund if any of the aforemantioned rules are violated and if further communication is not possible due to continued bad mannered client behaviour!
SPAMMING IS PROHIBITED

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

- Advertising of your Funzow.com Free Websites hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;

- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;

- The sending of junk mail;

- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

- Posting commercial ads to USENET newsgroups that do not permit them;

- Posting articles containing binary encoded data to a non-binary newsgroups;

- Excessive and repeated posting of off-topic messages to newsgroups;

- Excessive and repeated cross-posting;

- Excessive email sending/receiving over 2000 emails per day;

- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;

- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;

Funzow.com Free Websites reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ZACKY TOOLS SOURCES MODIFICATION

Funzow.com Free Websites reserves the right to modify the sources of the application installed via ZackyTools to meet speciffic company needs. Such needs may be (but not limited to): - Template modification - Branding modification - Default incoming/outgoing links modification. Such modifcations can be removed and the application reverted to its very default state upon written request (either via a ticket posted or an email to support@supportindeed.com is sent).
ACCOUNT HDD RESOURCES USAGE

Each and every Funzow.com Free Websites Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .3gp) files. Each and every Funzow.com Free Websites Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every Funzow.com Free Websites Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every Funzow.com Free Websites Customer agrees not to allocate more than 4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files. Each and every Funzow.com Free Websites Customer agrees not to allocate more than 4999MB of its hosting account space to any identical file types.
ACCOUNT DB RESOURCES USAGE

Funzow.com Free Websites provides its Customers with the ability to use MySQL and PostgreSQL database engines. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a database is detected to use more than the %20 of the shared CPU due to database usage, Funzow.com Free Websites reserves the right to suspend the account associated with the database without any prior warning.
ACCOUNT CPU/RAM RESOURCES USAGE

Funzow.com Free Websites provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a process is detected to use more than the %20 of the shared CPU/RAM Funzow.com Free Websites reserves the right to suspend the account associated with the process without any prior warning.
INODES RESOURCES USAGE

Every file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared web hosting account may potentially result in a warning first, and if no action is taken future suspension.
BACKUPS, DATA LOSS AND BACKUP LIMIT

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Funzow.com Free Websites is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Funzow.com Free Websites servers. Any shared account using more than 3 GB of disk space will be removed from our off site backup. . Emails are not backed up. All data will continue to be mirrored to a secondary drive(RAID Backup) which helps protect against data loss in the event of a drive failure.
TRAFFIC RESOURCE USAGE

Funzow.com Free Websites provides monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic we reserve the right to suspend your account until the next month cycle starts, until additional traffic allowance is ordered or even terminate the account and/or request to charge additional fee if the account has over-utilization. Unused traffic in one month cannot be carried over to next months. Funzow.com Free Websites reserves the right to suspend and/or terminate any account that has traffic over-utilization and endanger the normal function of shared hosting platform.
FORCE MAJEURE CIRCUMSTANCES

Funzow.com Free Websites will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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 provisioning of the Services.

This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.
COPYRIGHTS

Copyrighted material must not be placed on any Customer`s account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) must upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

Please report any violations of this Agreement to abuse@supportindeed.com

Refund Policy

At Funzow.com Free Websites we take great value in delighting our customers. Below you can read our Refund Policy.

Web Hosting Accounts

All newly registered accounts as well as upgrades from free to paid accounts are subject to 30 days money back guarantee. This is applicable only for annual web hosting accounts(1,2,3,4,5 years). In case you become dissatisfied with our services at any point within the first 30 days, you will receive a 100% refund for the hosting account.

In case of web hosting renewals (after one or more billing cycles), the account is not subject to 30 days money back guarantee, hence the rule for the first 30 days does not apply.
Domain Names

Domain name sales are final and non-refundable. At the time of purchase you are the sole owner of the domain(s) purchased through our service. In case you decide to leave our hosting service at the end of your billing cycle or take advantage of the 30 days money back guarantee, domain names are transferable to another provider.

Changes to registered domain names i.e. incorrect spelling, cannot be made once the domain has been purchased. Please explicitly verify the spelling of your domain name before purchase.
Free Domain Names

In case you get a free domain name within a web hosting package purchased, and you decide to take advantage of the 30 days money back guarantee, you absolutely agree and understand that domain name registrations are non-refundable. Therefore upon requesting a refund based on 30 days money back guarantee, you agree to deposit the amount of $19.95 for the domain name registration before a refund for the hosting account is issued.

Domain Privacy Protection Agreement

Please read this domain privacy protection agreement ("Agreement") carefully. By using the domain privacy protection services ("Services"), you agree to all the terms and conditions in this agreement. You agree that the "service providers" (defined below) may amend this agreement. You agree that any new, different or additional features that change services will automatically be subject to this agreement. You agree that service providers may change this domain privacy protection agreement without further notice. If you do not agree to be bound this agreement and any subsequent amendments hereto, do not use, access, or continue to use the services.

This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation ("Backend Service Provider"), and Funzow.com Free Websites who makes the Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, being together referred to herein as the "Service Providers"). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent;. You agree that You will be bound by representations made by third parties You use to obtain the Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of the Domain Names Terms of Services which you agree by registering or renewing domain(s) with Funzow.com Free Websites.

The Domain Privacy Protection Services

If you subscribe to the Domain Privacy Protection Services, each domain name registration which you control and which You designate such service will thereafter be registered in the name of the Backend Service Provider, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "Whois" directory for each Privacy Protected Domain:
1. The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("IDP Addresses");
2. The primary and secondary domain name servers You designate for the Privacy Protected Domain;
3. The Privacy Protected Domain's original date of registration and expiration date;
4. The identity of Your registrar, domain name service provider (if different from registrar) and the status of the Privacy Protected Domain with the registrar (such as, "active," "Registrar Lock," "clienthold," etc.).
While You will not be listed as the registrant for the Privacy Protected Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the Privacy Protected Domain(s). You will retain the right to sell, transfer, or assign each Privacy Protected Domain(s); You will retain the right to control and set the DNS settings for the Privacy Protected Domain(s); You will retain the right to renew each Privacy Protected Domain name registration upon expiration (subject to your registrar's applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your Privacy Protected Domain(s), subject to the remaining provisions of this Agreement.

IMPORTANT: THE DOMAIN PRIVACY PROTECTION SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Domain Privacy Protection Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the Domain Privacy Protection Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the Domain Privacy Protection Addresses to such third parties.
Provision of Personal Information

You agree that for each Privacy Protected Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
1. Your name, address, email address, postal address, phone and fax numbers;
2. The name, address, email address, postal address, phone and fax numbers for the Privacy Protected Domain's administrative, technical, and billing contacts;
3. The primary and secondary domain name servers for the Privacy Protected Domain;
You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your Privacy Protected Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.
Renewals and Fees

If You participate in automatic renewal of the Domain Privacy Protection Services You agree i) that the IDP Services shall be automatically renewed on the end of Your Domain Privacy Protection Services term, ii) that the Service Provider will attempt to charge the credit card You have on file at the then current rates, and iii) You waive any requirement to obtain you ongoing affirmative consent to any such automatic renewal. If you do not wish to automatically renew the Domain Privacy Protection Services, You agree that the exclusive method for communicating this to the Service Provider shall be by contacting Customer Service. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, you agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the Domain Privacy Protection Services as a result of inability to obtain payment.

If Backend Service Provider elects to begin charging fee(s) to forward communications to You (see below), You agree that you may be required to pay such fees before the communications will be forwarded. Backend Service Provider may change its service and forwarding fees at any time. Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using Backend Service Provider's services. Payment shall be made by credit card unless other options are indicated e.g. PayPal. You agree that charges may appear on the credit card statement under vendor name AttractSoft GMBH. Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by vendor name AttractSoft GMBH, You agree that vendor name AttractSoft GMBH may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that Backend Service Provider may assume complete ownership of the Privacy Protected Domain(s), that the Privacy Protected Domain(s) may be sold to third parties, or that the Privacy Protected Domain(s) may be to pointed to IP numbers of Backend Service Provider's choosing, and that Backend Service Provider may immediate cancel Your all services provided to You.

IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF DOMAIN PRIVACY PROTECTION SERVICES AND REGISTRATION TERM OF AN ASSOCIATED PRIVACY PROTECTED DOMAIN: You understand that your DOMAIN PRIVACY PROTECTION Services term begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the Domain Privacy Protection Services term may be different than the registration term of the Privacy Protected Domain which is associated with the Domain Privacy Protection Services. If an Privacy Protected Domain expires and is deleted before the end of the term of the associated Domain Privacy Protection Services, then the Domain Privacy Protection Services associated with the domain will end when the Privacy Protected Domain is deleted and You understand that there will be no refund for any resulting unused portion of an Domain Privacy Protection Services term. If the Domain Privacy Protection Services term ends while the registration term for an Privacy Proteced Domain is still ongoing, then the Domain Privacy Protection Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) Privacy Protected Domain, and the communications forwarding services specified in section 6 will no longer be provided.
Your Representations & Warranties

You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the Domain Privacy Protection Services in good faith and that You have no knowledge or reason to believe that Your Privacy Protected Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the Domain Privacy Protection Services nor Privacy Protected Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email ("Spam").
SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

In the event of any of the following:
1. If the Privacy Protected Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
2. If you breach any provision of this Agreement or an anti-Spam policy of either Service Provider;
3. If You breach any provision of Your registrar's Domain Names Terms of Serices;
4. If necessary to protect the integrity and stability of the applicable domain name registry;
5. If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
6. If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Domain Privacy Protection Services or an Privacy Protected Domain;
7. If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as Domain Privacy protection);
8. If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
9. OR if it comes to Backend Service Provider's attention that You are alleged to be using the Domain Privacy Protection Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN
You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the Domain Privacy Protection Services, terminate provisionment of the Domain Privacy Protection Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of Privacy Protected Domain, or take any other action which Backend Service Provider deems necessary.

In the event Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the Domain Privacy Protection Services for any reason, neither Service Provider will refund any fees paid by You for the Domain Privacy Protection Services.

You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the Domain Privacy Protection Services during the first thirty (30) days after You procured the Domain Privacy Protection Services, and/or suspend Your rights under this Agreement and list the Domain Privacy Protection Addresses during resolution of a dispute or investigation of allegations.
FORWARDING COMMUNICATIONS

You agree that Backend Service Provider will review communications sent to the Domain Privacy Protection Addresses associated with Your Privacy Protected Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertize the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the Domain Privacy Protection Services as a general mail forwarding service (see section 1, above). You authorize Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by Backend Service Provider, including failures which arise from Backend Service Provider's mistake in judging whether a communication appears to be an unsolicited communication.

Email. The Whois directory generally requires an email address for every purchased domain name registration. When You purchase Domain Privacy Protection Services, Backend Service Provider creates an email address for that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter, when messages are sent to the email address listed in the Domain Privacy protected Address, Backend Service Provider forwards such messages to the email address You listed in section 2. If such email address becomes non-functioning or if email to such address bounces, Backend Service Provider is not obligated to attempt to contact You through other means. You agree that Backend Service Provider may elect, in Backend Service Provider's sole discretion, to allow You to access Your Account and view email sent to the Domain Privacy Protection Addresses, though such alternative means of servicing Your Account is an option and not a requirement.

Your Obligation to Respond to communications from the Backend Service Provider: When Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, Backend Service Provider will send an email to the email address You provided to Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that Backend Service Provider may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the Domain Privacy Protection Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice.

In the event You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the Domain Privacy Protection Services regarding either the Privacy Protected Domain in question or with respect to all of Your Privacy Protected Domains, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because Backend Service Provider will not become involved in any legal or other matters between You and third parties.
LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE DOMAIN PRIVACY PROTECTION SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the Domain Privacy Protection Services; (v) the unauthorized use of the Service Provider's services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your Privacy Protected Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).

YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS' RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER PPIVACY PROTECTED DOMAIN.
INDEMNITY
You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Domain Privacy Protection Services, the web sites of the Service Providers, and/or Your use of Your Privacy Protected Domain.
BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER

THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER'S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
COPYRIGHT & TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the Backend Service Provider web site, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Backend Service Provider reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using any of the afore-described content and materials without the written permission of Backend Service Provider. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
MISCELLANEOUS PROVISIONS
1. Severability; Construction; Entire Agreement.
  You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Backend Service Provider regarding the services contemplated herein.
2. Governing Law; Venue; Waiver Of Trial By Jury.
  This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.
3. Term of Agreement; Survival.
  The term of this Agreement begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the Domain Privacy Protection Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

Certificate Services Agreement

This Certificate Services Agreement ("Agreement") sets forth the terms and conditions of your use of Certificate Services and related services ("Services"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives) and the distributor Funzow.com Free Websites in association with AttractSoft GmbH.

The "Certificate Services" discussed in this Agreement are the GeoTrust QuickSSL®, GeoTrust QuickSSL® Premium, GeoTrust True BusinessID®, GeoTrust True BusinessID® with EV, GeoTrust True BusinessID® Wildcard and RapidSSL® and such other digital certificate services as may be offered by Funzow.com Free Websites from time to time and as the Services are made available to you to be bought.
This Agreement may be modified from time to time. You acknowledge and agree that Funzow.com Free Websites might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
When you purchase Services, you agree to the following "Subscriber Agreements":
1. "Subscriber Agreements" provided by GeoTrust:
  1. The Quick SSL® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
  2. The QuickSSL® Premium Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
  3. The True BusinessID® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
  4. The True BusinessID® with EV Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
  5. The True BusinessID® Wildcard Subscriber Agreement, located at http://www.geotrust.com/resources/legal/terms.htm
2. "Subscriber Agreements" provided by RapidSSL:
  1. Rapid SSL® Subscriber Agreement, located at http://www.rapidssl.com/legal/index.htm

All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.

VPS Service Agreement

This Agreement, by and between You (Hereinafter referred to as "Customer"), and AttractSoft GmbH, duly authorized and existing under the laws of Germany and EU (Registration No.: HRB 7963 KI) with its offices located at Mathildenstr. 18, 24148 Kiel, Germany (hereinafter referred to as "Service Provider"):

AGREEMENT
1. In consideration of the mutual covenants contained herein, the parties agree with the following:
PURPOSE
1. The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS(Virtual Private Server) Hosting Services, defined as:
  1. physical space within the Service Provider's Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement, hereinafter called the Customer's Server,
  2. limited physical access to the Customer's Server and
  3. a connection of the Customer's Server to the Internet using the Service Provider's public network connections.
2. This Agreement may include additional exhibits for services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance. Such exhibits, once executed, shall become a part of this Agreement and incorporated herein.
EFFECTIVENESS, TERM AND RENEWAL
1. This Agreement shall become effective when Customer purchase VPS. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
2. The Customer will be notified prior to the VPS service expiration. In case the service is not renewed the VPS service will be terminated.
3. The Customer agrees and understands that Service Provider keeps the VPS one week after the service is terminated. After this period Service Provider has the right to remove(delete) Customer's data on the VPS.
CUSTOMER'S SERVER AND USE RESPONSIBILITIES
1. The Customer's Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
2. The Customer's Server may deliver only those network services specifically disclosed and agreed to herein. The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown and,
3. The Customer's Server shall not exceed the agreed Bandwidth limits, or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such useage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer's Server. Should Customer exceeds his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list, and
4. The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses and,
5. The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to, violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).
6. All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.
7. The Customer may resell space on the Customer's Server as well as its bandwidth to third parties, provided that the Customer does NOT:
  1. allow third party to access administration or root accounts,
  2. use such service to provide dial-in or general Internet TCP/IP Access,
  3. provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and
  4. allow any such use which is in violation of this Agreement.
8. The Customer and all other third parties accessing or using the Customer's Server shall abide by all of the rules, regulations and policies of the Service Provider's, as well as other networks and computer systems accessed via the Customer's server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer's use of the service that damages either the Customer or another party or parties.
9. Server should not host sites that provide any content, points of distribution, or 'links' to sites that:
  1. Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
  2. Violate any law, statute, ordinance or regulation;
  3. Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  4. Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
  5. Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;
  6. Sites related or directly providing escort services;
  7. Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA
1. The Customer is totally responsible for the ongoing stability and the operation of the Customer's application and server. Any assistance by the Service Provider staff may result in additional fees.
2. Unless contracted by a separate Agreement, in writing, under no circumstances shall The Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
3. The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.
4. The Customer shall fully insure additional software and hardware installed on Customer's server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from Customer's server in case of prolonged disruption of services or catastrophe.
PAYMENT AND CHARGES
1. The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current the Service Provider price list.
2. The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer's Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.
3. Invoices for Hosting Services are invoiced and payable in advance for the term of the Hosting Services. Hosting Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee. The Service Provider may impose a late charge on invoiced amounts over 30 days outstanding equal to 1.5% per month of the unpaid until the entire balance is paid in full.
4. The Service Provider agrees to notify the Customer at least thirty (30) days in advance of any price increase which affects any services provided to the Customer under this Agreement.
REFUNDS AND CANCELLATIONS
1. VPS Hosting Services are non-refundable nor bind with money back guarantee. By purchasing VPS you( the Customer) understand and agree that is not entitled to refund.
2. Cancellations are feasible at the end of the subscription period only.
LIMITATION OF LIABILITY
1. The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. The Service Provider's liability hereunder for any losses or damages suffered by Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.
3. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein, may be brought by the Customer after more than one (1) year since the cause of action has occurred.
5. Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.
COMPLIANCE WITH LAWS
1. Customer shall at any time comply with all applicable laws and regulations of Germany and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
2. The Service Provider's network may only be used for lawful purposes. Transmission of any material in violation of any German, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
TERMINATION
1. The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
2. The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with written notice.
3. The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this account, for any reason.
MISCELLANEOUS PROVISIONS
1. This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Kiel Germany, and is governed by, and shall be construed in accordance with the laws of Germany and EU.
2. If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
3. In the event litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys' fees and costs actually incurred.
4. Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.
MODIFICATION
1. This Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by Customer and by an authorized officer of the Service Provider.