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Web Hosting Agreement

This Agreement, between you and Howling Dynamo, Inc. (the "COMPANY"), grants you the following rights, subject to the following terms and conditions. Your placement of information on COMPANY's servers is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not place any information of any kind on COMPANY's servers.

COMPANY may, from time to time, amend this Agreement without notice to you. The current version of this Agreement can always be found at http://www.hdyn.com/hosting/agreement.html.

COMPANY will provide website hosting (the "SERVICE") for a fee, paid yearly, in advance. However, you, or COMPANY, may terminate your use of the SERVICE at any time, without notice, for any reason, or for no reason at all. Upon termination, COMPANY will, within thirty (30) days, refund any unused portion of your yearly fee.

You agree to use COMPANY's servers strictly in accordance with all local, state, federal, and international laws to which your site may be subject. You may not use COMPANY's servers for unsolicited mass mailings, postings, or other activities commonly referred to as "spamming", and you will be held fully responsible for any damages to you, COMPANY, or any other party or parties resulting from any such activities. You agree not to interfere with the operation of COMPANY's servers or networks, or to impair the availability, reliability, or quality of service for other customers.

Your use of the SERVICE is at your sole risk. COMPANY is not responsible for any files or data associated with 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 COMPANY's servers.

Limitation of Warranty and Liability:

The SERVICE is provided "as is", without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or noninfringement. In no event shall COMPANY or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, or loss of business information, arising out of your use of or inability to use the SERVICE, even if COMPANY has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions COMPANY's liability shall be limited to the extent permitted by law. No agent or employee of COMPANY is authorized to make any modifications, extensions, or additions to this warranty.

Indemnification:

You agree to indemnify, defend, and hold harmless COMPANY from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the SERVICE. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.

Governing Law and Jurisdiction:

This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New Mexico and the United States of America. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Fe, New Mexico in connection with any dispute relating to this Agreement or your use of the SERVICE.

Severability:

If any portion of this Agreement is determined to be invalid or unenforceable, that portion shall be reformed only to the extent necessary to make it enforceable, and the remaining portions shall remain in full force and effect.

Last updated: March 9, 2005