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Springs Hosting LLC 's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Springs Hosting LLC expressly disclaims any representation or warranty that the Springs Hosting LLC services will be error-free, secure or uninterrupted. No oral advice or written information given by Springs Hosting LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Springs Hosting LLC, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Springs Hosting LLC based upon the severity of the violation. Springs Hosting LLC reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Springs Hosting LLC's then current Acceptable Use Policy, in the sole and absolute opinion of Springs Hosting LLC. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Springs Hosting LLC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Springs Hosting LLC, (collectively, claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Springs Hosting LLC reserves the right to change the specified rates and charges from time to time. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Springs Hosting LLC will not change passwords to any account without proof of identification, which is satisfactory to Springs Hosting LLC, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Springs Hosting LLC will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Springs Hosting LLC be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Springs Hosting LLC from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement. The Account Holder agrees not to harm Springs Hosting LLC, its reputation, computer systems, programming and/or other persons using Springs Hosting LLC's services. Springs Hosting LLC reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Springs Hosting LLC are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Springs Hosting LLC will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Springs Hosting LLC has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Springs Hosting LLC and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Springs Hosting LLC. The terms of this Section will survive any termination of this Agreement. Springs Hosting LLC shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading of materials from the web server. In no event shall Springs Hosting LLC be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this web server. Account Holder has sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web server. Account Holder will not make a claim against Springs Hosting LLC for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the web server. Account Holder agrees to hold Springs Hosting LLC harmless from, and promises not to sue Springs Hosting LLC for, any claims based on or related to the use of the web server. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Springs Hosting LLC. If the Account Holder sells or resells advertising or Web space to a third party then the Account Holder will be responsible for the content of that advertising and the actions of that third party. Springs Hosting LLC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Springs Hosting LLC Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Springs Hosting LLC, Springs Hosting LLC may terminate the services being provided to the Account Holder. Springs Hosting LLC will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disasters, acts of God, or human error. In no event shall Springs Hosting LLC be liable to the Account Holder for any damages resulting from or related to any failure or delay of Springs Hosting LLC in providing access to the Internet under this Agreement. In no event shall Springs Hosting LLC be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Springs Hosting LLC under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Springs Hosting LLC account may not be transferred without prior written approval from Springs Hosting LLC. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Springs Hosting LLC services, including any damages resulting there from, until the Account Holder notifies Springs Hosting LLC's customer service. If Springs Hosting LLC assigns the Account Holder an Internet Protocol (IP) address in connection with the Account Holder's use of the Springs Hosting LLC services, the right to use that Internet Protocol address will remain with and belong only to Springs Hosting LLC, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Springs Hosting LLC in its sole and absolute discretion. This Agreement constitutes the entire agreement between the Account Holder and Springs Hosting LLC with respect to the Springs Hosting LLC services and supersedes all prior agreements between the Account Holder and Springs Hosting LLC. Springs Hosting LLC's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. The terms of this Section will survive any termination of this Agreement. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in El Paso County, Colorado. Should any legal ac