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HTMLJunction is against any kind of spyware!
The short of it:

If it's illegal, we don't want it on our servers, this includes pirated files, mp3's you have no license to redistribute, a message forum you run that's not licensed for your use, or anything else that could be deemed illegal or obscene. We don't want spam, we don't want bulk mailers, if your site has a mailing list, you better make sure it's double opt-in (if you don't know what that is, ask us) or eventually, someone is gonna report you as a spammer if you have more than a handful of subscribers.

No message forums that are not database driven, the freaking things simply eat up too much CPU due to their inefficiency. Most message boards that are perl based, database or flat file driven, will likely become too CPU hungry unless your forum is pretty low key.

If your script runs off with the CPU, we're gonna kill it, and then we'll try and help you make sure it doesn't happen again. If it keeps happening the script will have to be disabled. It's unfair to the other people on the server.

Refunds: 30 day money back guarantee if you're dissatisfied with our service (or just don't need it), as long as you didn't violate the TOS.

Backups: We don't guarantee backups to be on our servers so download your own backups if your site is important to you! If we have to get into the old backups on the backup server itself to restore data lost due to user error (not server error, but user error) then there is a $20.00 fee for the time spent.

The long of it:

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

HTMLJunction.com ("HTMLJunction") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

HTMLJunction exercises no control whatsoever over the content of the information passing through HTMLJunction'S system. Use of any information obtained via HTMLJunction is at User's risk. Neither HTMLJunction nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does HTMLJunction make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY HTMLJunction, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER HTMLJunction NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HTMLJunction, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT HTMLJunction IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, HTMLJunction'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of HTMLJunction in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold HTMLJunction, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by HTMLJunction, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify HTMLJunction in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and HTMLJunction shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to HTMLJunction that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users, allow users to run Maillist, Listserv or any form of auto-responds from User's account;

or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. HTMLJunction has no obligation to monitor the Service. However, User agrees that HTMLJunction has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. HTMLJunction will not intentionally monitor or disclose any private E-mail message unless required by law. HTMLJunction reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. HTMLJunction reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of HTMLJunction following payment, to be determined by HTMLJunction in its sole and absolute discretion.



Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. Any anti- abortion websites may not contain any images of aborted fetuses or contain any content promoting violence or threats of any kind towards proabortionists. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions

We reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

Terms of Payment

A credit card User agrees to allow "PayPal" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify HTMLJunction of any changes in credit card number or expiration date. If the card is not honored for any reason, HTMLJunction will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. HTMLJunction will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

HTMLJunction maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event HTMLJunction utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of HTMLJunction'S attorneys' fees and costs in the collection of these sums.HTMLJunction reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

HTMLJunction reserves the right to cancel Service for any reason without prior notice. Pre-paid service is pro-ratable. Cancellations after the first of the month will be charged for that month.User must notify HTMLJunction and/or "PayPal" via telephone, in writing or by electronic mail to cancel Service.

No Confidentiality

Information transmitted through HTMLJunction and through the Internet in general is not confidential. HTMLJunction can not and shall not guarantee privacy or protection of any User. Except the information given to "PayPal" and personal information given to HTMLJunction shall remain confidential. HTMLJunction reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of HTMLJunction.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.



Failure to Comply With Terms and Conditions

HTMLJunction may deny User access to all or part of the Service without notice if User engages in any conduct or activities that HTMLJunction in its sole discretion believes violates any of the terms and conditions in this Agreement. If HTMLJunction denies User access to the Service because of such a violation, User shall have no right (1) to access through HTMLJunction any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through HTMLJunction, and HTMLJunction shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.HTMLJunction'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.HTMLJunction may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.HTMLJunction shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of HTMLJunction.Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming HTMLJunction as the defendant, shall be proper only in a venue determined by HTMLJunction.In any action between HTMLJunction and User to enforce any of the terms of this Agreement, HTMLJunction shall be entitled to recover expenses, including reasonable attorney's fees.


This Agreement constitutes the entire agreement between User and HTMLJunction with respect to the Service.



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