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Terms/Policies of DeluxeSites.com - Please read

  1. Agreement. This is an agreement between you and DeluxeSites.com Internet Services regarding your use of DeluxeSites.com's computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications services (the "DeluxeSites.com Service"). This agreement governs the terms and conditions under which DeluxeSites.com makes the DeluxeSites.com Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with the "DeluxeSites.com Internet Services" Web hosting or similar service. Under this agreement, you must comply with DeluxeSites.com's then-current "Acceptable Use Policy," as updated from time to time by DeluxeSites.com. which can be viewed at "http://www.deluxesites.com/terms.htm" which is incorporated in this agreement by reference.
  2. Amendment. DeluxeSites.com may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the DeluxeSites.com Home Page, currently located at URL: "http://www.DeluxeSites.com.com/terms.htm" , or by a message from DeluxeSites.com sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the DeluxeSites.com Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.
  3. Use of the Service. Under the terms of this agreement, you may only use the DeluxeSites.com Service through the number of communication channels for which you have purchased service. You may not connect to the DeluxeSites.com Service through more than one telecommunications connection at any given time.
  4. Disclaimer. The DeluxeSites.com Service is 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. DeluxeSites.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DeluxeSites.com SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DeluxeSites.com, 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.
  5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by DeluxeSites.com, neither DeluxeSites.com nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the DeluxeSites.com Service in any way and that, except for such DeluxeSites.com identified information, services or products, all merchandise, information and services offered or made available or accessible through the DeluxeSites.com Service are offered or made available or accessible by third parties who are not affiliated with DeluxeSites.com or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE DeluxeSites.com SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY DeluxeSites.com AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
  6. Commerce on the Web. Through your uses of the DeluxeSites.com Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the DeluxeSites.com service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the DeluxeSites.com service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. DeluxeSites.com and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
  7. LIMITATION OF LIABILITY . UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DeluxeSites.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DeluxeSites.com SERVICE, including but not limited to reliance on any information obtained on the DeluxeSites.com Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DeluxeSites.com's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT DeluxeSites.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM DeluxeSites.com OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
  8. Charges. You are responsible for all charges (for example, telephone, dial-up or ADSL or ISDN charges) associated with connecting to the DeluxeSites.com Service. You are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the DeluxeSites.com Service. You are responsible for all activities and charges resulting from use of your principal account on the DeluxeSites.com Service. You agree to pay DeluxeSites.com the then-current monthly charges for the DeluxeSites.com Service, along with any applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You may find information regarding current rates for using the DeluxeSites.com Service by viewing DeluxeSites.com's home page at http://www.DeluxeSites.com under the section designating the service you have chosen. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that DeluxeSites.com may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If DeluxeSites.com does not receive the full amount of Customer's DeluxeSites.com Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. DeluxeSites.com reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. DeluxeSites.com may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.
  9. Personal Information. You hereby certify to DeluxeSites.com that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide DeluxeSites.com with accurate, complete, and updated information required by the registration to the DeluxeSites.com Service, including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify DeluxeSites.com within 30 days of any changes in your Member Registration Data. DeluxeSites.com may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
  10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A DeluxeSites.com Service account may not be transferred without prior written approval from DeluxeSites.com. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the DeluxeSites.com Service until you notify DeluxeSites.com customer service at info@deluxesites.com
  11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE DeluxeSites.com SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. DeluxeSites.com AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
  12. At-Will Termination. This agreement will become effective on the date DeluxeSites.com receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. DeluxeSites.com may immediately restrict, suspend or terminate without notice, your access to and use of the DeluxeSites.com Service upon any breach of this agreement, include the then-current Acceptable Use Policy. DeluxeSites.com may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with DeluxeSites.com for one year from the date of termination. Upon and after termination, DeluxeSites.com will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of DeluxeSites.com in operating the DeluxeSites.com Service, any change in the content of the DeluxeSites.com Service, or any change in the amount or type of fees charged in connection with the DeluxeSites.com Service, is to terminate this agreement by delivering notice to DeluxeSites.com, effective the day DeluxeSites.com receives notification of termination.
  13. IP Addresses. If DeluxeSites.com assigns you an Internet Protocol address for your use of the DeluxeSites.com Service, the right to use that Internet Protocol address will belong only to DeluxeSites.com, and you will have no right to use that Internet Protocol address except as allowed by DeluxeSites.com in its sole discretion in connection with the plan you have selected, during the term of this agreement.
  14. Electronic Mail. DeluxeSites.com may, but is not obligated to, block any incoming or outgoing e-mail message that DeluxeSites.com determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. DeluxeSites.com shall not be responsible for lost, misdirected or undeliverable e-mail
  15. Indemnity. Upon request of DeluxeSites.com, you shall defend, indemnify and hold harmless DeluxeSites.com, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the DeluxeSites.com Service, including without limitation any violation by you of DeluxeSites.com's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
  16. Entire Agreement. This agreement constitutes the entire agreement between you and DeluxeSites.com with respect to the DeluxeSites.com Service and supersedes all prior agreements between you and DeluxeSites.com. DeluxeSites.com's failure to enforce any provision of this agreement will 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.
  17. Assignment and Resale. You may not resell the DeluxeSites.com Service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of DeluxeSites.com, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.
  18. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to DeluxeSites.com: Latest Rage Productions Inc. PO Box 354 Northampton Pennsylvania 18067 admin@DeluxeSites.com; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.
  19. Force Majeure. DeluxeSites.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
  20. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Pennsylvania (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Northampton County, Pennsylvania for any action arising out of or relating to your use of the DeluxeSites.com Service. The federal and state courts of Northampton County, Pennsylvania will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.


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DeluxeSites.com Internet Services
Acceptable Use Policy

At DeluxeSites.com Internet Services, we value our customers and wish to provide them with a positive Internet experience. Our goal is to offer you the ability to use and enjoy the network and services provided by DeluxeSites.com (the "DeluxeSites.com Service") in order to enrich your business, recreational, and family life. To help DeluxeSites.com offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make the DeluxeSites.com Service available to all our customers as consistently and efficiently as possible. While DeluxeSites.com does not monitor your use, you are obligated to adhere to these policies. These policies are used in conjunction with the terms of service agreement. Violating any of these policies grants DeluxeSites.com the authority to take the appropriate action to restrict or terminate your access to the DeluxeSites.com Service.

User-Supplied Content. Through the DeluxeSites.com Service, you may have access to chat areas, bulletin boards, Web pages, e-mail, USENET, or other services that enable you to send or post materials ("Content") and make that Content available to others. You must not submit, publish, or display on the DeluxeSites.com Service any defamatory, inaccurate, abusive, obscene, infringing, or threatening Content, In addition, you may not submit, publish, or display any Content that violates any federal, state, or local law. You are solely responsible for the Content you make accessible through the DeluxeSites.com Service. DeluxeSites.com is not obligated to monitor the network to examine available Content. You hereby acknowledge that if DeluxeSites.com is made aware of Content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, DeluxeSites.com has the right, but not the obligation, to edit, remove or deny access to such Content. When necessary to properly operate DeluxeSites.com Service, to protect its rights or the rights of third parties, or as may be required by law, regulation, government agency or Court Order, DeluxeSites.com may electronically monitor the DeluxeSites.com Service. DeluxeSites.com may disclose any content or records concerning Customer's account as required to satisfy any law, regulation, governmental request or court order.

Intellectual Property Rights. Material accessible to you through the DeluxeSites.com Service may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DeluxeSites.com Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DeluxeSites.com Service. If you use a domain name in connection with DeluxeSites.com Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Lawful Use. You must use the DeluxeSites.com Service strictly in accordance with all federal, state, and local laws, ordinances, and regulations. You may not use the DeluxeSites.com Service to assist any other person or entity to violate any federal, state, or local laws, ordinances, or regulations.

Privacy Policy. DeluxeSites.com Internet Services collects certain types of information about our customers, such as contact and financial information, demographic and profile data, and IP address. The DeluxeSites.com Internet Services Privacy Policy demonstrates our commitment protecting the privacy of our customers and outlines the practices for gathering and disseminating customer information.

Mass Mailings. You must not use the DeluxeSites.com Service, DeluxeSites.com's equipment or any DeluxeSites.com electronic mail address in connection with the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the DeluxeSites.com Service, DeluxeSites.com's equipment or any DeluxeSites.com electronic mail address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages. Without limiting the above, you must not use the DeluxeSites.com Service, DeluxeSites.com's equipment or any DeluxeSites.com electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to multiplerecipients or newsgroups in a single day. DeluxeSites.com at its sole discretion may determine whether your use was unintentional or willful.

Storage Capacity. Your storage space and bandwidth utilization on the DeluxeSites.com Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan you have selected. You are responsible for ensuring that stored electronic mail will not exceed this limit. For DeluxeSites.com Hosting and similar accounts, these allocations are set forth in the account plan selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact DeluxeSites.com if you are interested.

Traffic and Hits. If you publish any Web page or site using the DeluxeSites.com Service, the usage of that Web page or site should be consistent with the access plan you have chosen. DeluxeSites.com may suspend or terminate access to your Web page or site if it is determined that that Web page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more.

Third Party Rules, Licenses, and Terms of Service. Through the DeluxeSites.com Service, you may have access to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that disseminate rules, guidelines or agreements to govern their use. You must adhere to any such rules, guidelines, or agreements. In addition, the use of any software or data in connection with or through the DeluxeSites.com Service must be in accordance with any applicable license agreements.

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