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DISCLAIMER 1. APPROPRIATE USE OF THE SERVICES. OnArt provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Client Content Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any OnArt server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of OnArt or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate; violate any OnArt policy posted on the OnArt Site. No "SPAM" Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at OnArt, or otherwise, that mentions or reference any domain hosted on OnArt servers or parked on OnArt DNS servers. Advertising your website in Usenet groups that are not specifically designed for advertising websites, IS regarded as spam! (Violators will have their accounts removed without right of refund.) 2. CLIENT LIABILITY AND INDEMNIFICATION. Services are provided as is - like on every webserver short downtimes due to technical problems can occur. The parties agree that in no event shall OnArt be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless OnArt from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. 3. TERM, FEES, TERMINATION & REINSTATEMENT By submitting this form you agree that OnArt.com will charge you USD 25.00 for one year of membership. Cancellation during this year is not possible. You understand that the account will not auto-renew and you will not be billed again, unless you notify us that you wish the account to be renewed after the initial year. 4. DISCLAIMER OF WARRANTY THE SERVICES, THE OnArt SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE OnArt SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. OnArt DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OnArt SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. 5. LIMITATION OF LIABILITY NO EVENT SHALL OnArt BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE OnArt SITE OR ANY OnArt PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.IN NO EVENT SHALL OnArt’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWENTYFIVE DOLLARS ($25 US). |