You will be bound to adhere to these TERMS & CONDITIONS if we host your website. Basically they state that as a client of ours, you can't use your site to do anything illegal, you must use common courtesy, your site can not contain pornography, and you won't hold us responsible financially if a rare problem arises and someone can't reach your site.

MacMillan Designs is a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the TERMS & CONDITIONS set forth below. If you do not wish to be bound by these TERMS & CONDITIONS, you should not proceed to place any information of any kind on MacMillan Designs servers.

USER CONDUCT
MacMillan Designs' services may only be used for lawful purposes. Any use of these services which violates local, state, federal, or international laws which may apply to MacMillan Designs, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MacMillan Designs 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, MacMillan Designs, 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 DISCONTINUANCE OF SERVICE
MacMillan Designs reserves the right to refuse or discontinue service to anyone at MacMillan Designs sole discretion. (Sites containing pornography will be refused service.) MacMillan Designs may deny you access to all or part of the service without notice if you engage in any conduct or activities that MacMillan Designs in its sole discretion believes violates any of the TERMS & CONDITIONS in this agreement. You agree that MacMillan Designs 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.

NO WARRANTIES
MacMillan Designs 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 MacMillan Designs or its agents or employees shall create a warranty. MacMillan Designs 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 MacMillan Designs 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 MacMillan Designs 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 MacMillan Designs' servers that such information becomes available to all Internet users and that MacMillan Designs 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 MacMillan Designs' servers and the Internet.

NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. 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 follow the Acceptable Use Policy of any network or service you connect to.

BACKUP OF DATA
Your use of the service is at your sole risk. MacMillan Designs 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 MacMillan Designs servers.

TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of MacMillan Designs or any other service with reference to services obtained through MacMillan Designs, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, MacMillan Designs, or any other party or parties resulting from any such conduct.

PAYMENT
You agree to supply appropriate payment for the services received from MacMillan Designs in advance of the time period during which such services are provided. MacMillan Designs agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.

JURISDICTION
This agreement shall be governed by the laws of the State of Kentucky.

ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on MacMillan Designs' servers you are stating and acknowledging that you have read the aforementioned TERMS & CONDITIONS and that you understand such TERMS & CONDITIONS and agree to be bound by them.

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