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Terms of Use
Introduction
By using the Pawserv free hosting service (the "Hosting Service") you signify that you have read, understand and agree to be bound by these Terms of Use (this "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Hosting Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please discontinue use of the Hosting Service. It is your responsibility to regularly review these Terms of Use.
Eligibility
You must be eighteen years of age or older to become a member and acquire an account on the Hosting Service. Membership in the Hosting Service is void where prohibited. By using the Hosting Service, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Pawserv may terminate your hosting account for any reason, at any time.
Member Conduct
You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information through the Hosting Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information for any other purpose. You further agree that you may not use Hosting Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair any web site on the Hosting Service. In addition, you agree not to use the Hosting Service to: upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; use or attempt to use another's account, service or system without authorization, or create a false identity associated with this Hosting Service.
Copyright Policy
Pawserv respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Hosting Service, please contact us at helpdesk [at] paswerv [dot] com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Hosting Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Links to other websites
The Hosting Service contains links to other web sites. Pawserv is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on a web site associated with the Hosting Service does not imply approval or endorsement of the linked web site by Pawserv.
Disclaimers
Pawserv is not responsible for any incorrect or inaccurate content posted on any web site in connection with the Hosting Service, whether caused by users of the Hosting Service, or by any of the equipment or programming associated with or utilized in the Service. Pawserv is not responsible for the conduct, whether online or offline, of any user of the Hosting Service. The Hosting Service may be temporarily unavailable from time to time for maintenance or other reasons. Pawserv assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Pawserv is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or delays on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection connection with the Hosting Service. Under no circumstances will Pawserv be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Hosting Service, any content posted using the Hosting Service or any interactions between users of the Hosting Service, whether online or offline. THE HOSTING SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND Pawserv DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Pawserv CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE HOSTING SERVICE. Limitation on Liability EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Pawserv BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE HOSTING SERVICE, EVEN IF Pawserv HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Pawserv'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Pawserv FOR THE HOSTING SERVICE.
Governing Law and Venue
If there is any dispute about or involving the Hosting Service, you agree that the dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of King County, Washington and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Hosting Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold Pawserv, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Hosting Service in violation of this Agreement or your violation of any law or the rights of a third party. Other These Terms of Use constitute the entire agreement between you and Pawserv regarding the use of Hosting Service, superseding any prior agreements between you and Pawserv relating to your use of the Hosting Service. The failure of Pawserv to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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