 | Content: Customer agrees not to upload any
materials relating 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 Langenberg. |
| Non-infringement: Customer warrants
that material presented on their account or any of their subhosted domains does
not violate or infringe upon the copyright, trademark, or other proprietary
interest of any entity. |
| No Spamming: Customer agrees that
there will not be any bulk email effort involving unsolicited email sent in mass
to lists purchased or collected without the end-users permission to use their
email addresses for this purpose and that this will apply to the account as well
as all subhosted domains |
| Data Backup: If Langenberg is the
only one maintaining the web site content, then I agree to backup this
information. Otherwise, customers agrees to back up their own account and all
subhosted domains, including all data uploaded and otherwise stored on
Langenberg servers and keep a local copy for backup and restoration. |
| Indemnification: Customer agrees to
indemnify and defend Langenberg and hold Langenberg harmless from any legal
actions, loss, claims, expense, liability or damages which Langenberg may incur
which in any way is caused by or related to the breach of these terms of
service. |
| At-will Agreement: This is an at-will
agreement which can be terminated by either party upon 5 days written notice.
Customer acceptance of these terms is signified by the application for an
account. |
| Warranty: LANGENBERG MAKES NO EXPRESS
OR IMPLIED WARRANTY REGARDING ITS SERVICES. THE LIABILITY OF LANGENBERG IN ANY
EVENT SHALL NOT EXCEED ONE MONTH'S SERVICE CHARGE AND LANGENBERG SHALL NOT BE
LIABLE FOR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. |
| Governing Law: This agreement shall
be governed by and construed in accordance with the laws of the State of
Washington, United States of America. |
| Resale of Services and Flow-down of Obligations:
You may resell space on your own account, but you must first obligate any such
resale to these same Terms Of Service and incorporate into that resale all of
our rights, including our rights regarding content and activity. |
