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"Provider": All About Computers &
Web Design, LLC
"Client": The person or entity who is applying for services
The Provider agrees to provide, and Client agrees to receive,
access to the services according to the following terms and
conditions: Client will use the services in a manner consistent
with any and all applicable laws of the State of Missouri,
the US Federal Government, and the laws of your locale. Provider
reserves the right, in its sole discretion, to deactivate
the Client's account(s) upon an indication of credit problems
including delinquent payments.
THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED,
FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION,
WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY
REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE.
Client understands that domain name registration relies on
a third party domain registration authority that Provider
has no control over. Furthermore, Provider is not liable to
client for damages caused by domain name deactivation by a
third party registration authority for any reason. Provider
is not responsible for any damages arising from Client's use
of Provider or by Client's inability to use the services for
any reason. While Provider shall make every reasonable effort
to protect and backup data for Client on a regular basis,
Provider is not responsible for Client's files residing on
Provider. Client is solely responsible for independent backup
of data stored on Provider.
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION
ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR
INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON
LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS
OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED
WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY
AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM
THE SUBMISSION OF ILLEGAL MATERIALS. CLIENT HEREBY AGREES
THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH
CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT
NOT LIMITED TO, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND
ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE
CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S).
CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER
FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS
OR YOUR USE OF THOSE MATERIALS.
Provider is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider or its customers may utilize.
Client hereby agrees to indemnify and hold harmless the provider
from any claim resulting from the Client's or another party's
use of electronic mail service(s) on the Client's account(s).
In the event it is necessary to refer any dispute to an attorney
or resolve it in a court of law, the prevailing party will
be entitled to an award of reasonable attorney's fees and
all costs associated with any legal action, whether or not
a suit shall actually be filed. Client hereby agrees to indemnify
and hold harmless the provider from any claim resulting from
account deactivation or disablement as a result of suspicious
activities. The Web site developer is an independent contractor
performing a "work for hire" service under the Copyright Act;
all screens, graphics, domain names, content and the look-and-feel
of the site developed will be owned solely by the client.
CHOICE OF LAW: This Agreement shall be construed and controlled
by the laws of the State of Missouri. Any dispute arising
from this Agreement, including, without limitation, a breach
of this Agreement, shall be governed by the laws of the State
of Washington. You agree to submit to the jurisdiction of
the courts located in Liberty, Missouri.
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