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awjester.com (referred hereinafter as 'awjester.com', 'our', 'we' and 'us') is a web site offering free and paid listing. All accounts/listings on our web sites are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our sites is an acknowledgement that you have read, understand, and agree to be by by terms and conditions below. User Conduct Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to awjester.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not:
Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account/Listing terminated without notice, and will be billed at a rate of $10 for each recepient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. awjester.com reserves the right to require changes or disable as necessary any web site, account, listing, or other component that does not comply with this policy, at its sole discretion. awjester.com also reserves the right to make any such modifications in an emergency at our sole discretion. Indemnification You agree to indemnify, defend, and hold harmless awjester.com 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 which damages either you, awjester.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content. Refusal or discontinuation of service awjester.com reserves the right to refuse or discontinue service to anyone at awjester.com' sole discretion. awjester.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that awjester.com in its sole discretion believes violates any of the terms and conditions in this agreement. awjester.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that awjester.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. awjester.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. awjester.com also reserves the right to refuse refunds in cases where awjester.com believes abuse has taken place. No warranties awjester.com makes no warranties or representations of any kind for the services being offered. 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, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by awjester.com or its agents or employees shall create a warranty. awjester.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall awjester.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' 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, or any failure of performance. If you are dissatisfied with awjester.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on awjester.com' servers that such information becomes available to all Internet users and that awjester.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of awjester.com' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through awjester.com or on the Internet generally. Your use of the service is at your sole risk. awjester.com is not responsible for files and 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 awjester.com servers. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by awjester.com, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future awjester.com policy decisions. awjester.com reserves the right to monitor any and all communications through or with our facilities. You agree that awjester.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. Account-Holder Identification Information You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply awjester.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. Sharing of account space & resale restrictions You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account. Payment & Other Information You agree to supply appropriate payment for the paid services received from awjester.com, in advance of the time period during which such services are provided. You agree that until and unless you notify awjester.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that awjester.com may apply the amount due to the provided card at any time, and will issue absolutely no refunds. Agreement Acknowledgement This agreement supersedes any written, electronic, or oral communication you may have had with awjester.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the applicable laws of Texas, United States of America. By placing and continuing to maintain or place information on awjester.com' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. awjester.com ©2003 awjester.com All rights reserved.
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