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Conditions of Use

1. USER AGREEMENT - ACCEPTANCE OF TERMS  Powerful Hosting provides its service to you, subject to the following User Agreement which may be updated by us from time to time without notice. In addition, when using particular Powerful Hosting services, you and Powerful Hosting shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the USER AGREEMENT. 

2. SERVICES WE OFFER  Powerful Hosting may provide users with access to on-line services, including, but not limited to, web site hosting, email accounts and other communications tools, shopping services, and personalized content through its group of services. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Powerful Hosting properties, shall be subject to the USER AGREEMENT. You understand and agree that the service is provided "AS-IS" and that Powerful Hosting assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 

To use the service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. 

3. WHEN YOU REGISTER:  You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Powerful Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Powerful Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). 

4. Powerful Hosting PRIVACY POLICY 

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY 

You will receive a password and account designation when you finish the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Powerful Hosting of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Powerful Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 

6. USER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such material originated. This means that you, and not Powerful Hosting, are entirely responsible for all content that you upload, post, email or otherwise transmit via the service. Powerful Hosting does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Powerful Hosting be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the service.  You agree to not use the service to:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Powerful Hosting official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service; e.
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f.
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; g.
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h.
upload, post, email or otherwise transmit 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; i.
disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j.
interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; k.
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or m.
collect or store personal data about other users.

You acknowledge that Powerful Hosting does not pre-screen content, but that Powerful Hosting and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the service. Without limiting the foregoing, Powerful Hosting and its designees shall have the right to remove any content that violates the USER AGREEMENT or is otherwise objectionable at the sole discretion of Powerful Hosting. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Powerful Hosting or submitted to Powerful Hosting, including without limitation information in Powerful Hosting eStores, sites and in all other parts of the service.  You acknowledge and agree that Powerful Hosting may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the USER AGREEMENT; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Powerful Hosting, its users and the public.  You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

8. PUBLIC CONTENT POSTED TO Powerful Hosting
(a) For purposes of the USER AGREEMENT, "publicly accessible areas of the service" are those accessible by the general public.  (b) With respect to content you elect to post for inclusion in publicly accessible areas , you grant Powerful Hosting the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such content on the service solely for the purpose of displaying, distributing and promoting the specific Powerful Hosting service to which such content was submitted. This license exists only for as long as you elect to continue to include such content on the service and shall be terminated at the time you delete such content from the service. (c) With respect to all other content you elect to post to other publicly accessible areas of the service, you grant Powerful Hosting the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY  You agree to indemnify and hold Powerful Hosting, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the USER AGREEMENT, or your violation of any rights of another.
10. NO RESALE OF SERVICE 
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service. 
11. GENERAL PRACTICES REGARDING USE AND STORAGE 
You acknowledge that Powerful Hosting may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the service, the maximum number of email messages that may be sent from or received by an account on the service, the maximum size of any email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Powerful Hosting's servers on your behalf, the maximum amount of bandwidth allotted to your account, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. Powerful Hosting may increase the Service Fees at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. You agree that you will pay for bandwidth and/or disk space in excess of the amounts allotted to you based on your account in accordance with the excess bandwidth and disk space schedule posted on this web site. You agree that Powerful Hosting has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You acknowledge that Powerful Hosting reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Powerful Hosting reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 
12. MODIFICATIONS TO SERVICE 
Powerful Hosting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Powerful Hosting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. 
13. TERMINATION 
You agree that Powerful Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Powerful Hosting believes that you have violated or acted inconsistently with the letter or spirit of the USER AGREEMENT. Powerful Hosting may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this USER AGREEMENT may be effected without prior notice, and acknowledge and agree that Powerful Hosting may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Powerful Hosting shall not be liable to you or any third-party for any termination of your access to the service. 
14. DEALINGS WITH ADVERTISERS 
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Powerful Hosting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service. 
15. LINKS
  The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Powerful Hosting has no control over such sites and resources, you acknowledge and agree that Powerful Hosting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Powerful Hosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.  16. Powerful Hosting'S PROPRIETARY RIGHTS 
You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Powerful Hosting or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part. 
Powerful Hosting grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by Powerful Hosting for use in accessing the service. 

17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Powerful Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Powerful Hosting MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTSFROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Powerful Hosting OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

18. LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Powerful Hosting SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Powerful Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 
19. EXCLUSIONS AND LIMITATIONS 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS 
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Powerful Hosting shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 
21. NOTICE 
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the USER AGREEMENT or other matters by displaying notices or links to notices to you generally on the service. 
22. GENERAL INFORMATION 
The USER AGREEMENT constitute the entire agreement between you and Powerful Hosting and govern your use of the service, superseding any prior agreements between you and Powerful Hosting. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The USER AGREEMENT and the relationship between you and Powerful Hosting shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and Powerful Hosting agree to submit to the personal and exclusive jurisdiction of the courts located within the county Washington, Vermont. The failure of Powerful Hosting to exercise or enforce any right or provision of the USER AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the USER AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the USER AGREEMENT remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the USER AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
23. CANCELLATION  Hosting fees are billed on a monthly or yearly basis at the beginning of the hosting period. Hosting fees are non-refundable for the period paid.