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Total Website Solutions is an Internet service provider, wholly owned and operated by The Valve Shop. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on The Valve Shop's servers.
1. USER CONDUCT
The Valve Shop services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to The Valve Shop, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Valve Shop from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damages either you, The Valve Shop, 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.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
The Valve Shop reserves the right to refuse or discontinue service to anyone at The Valve Shop's sole discretion. (Sites containing pornography will be refused service.) The Valve Shop may deny you access to all or part of the service without notice if you engage in any conduct or activities that The Valve Shop in its sole discretion believes violates any of the terms and conditions in this agreement. You agree that The Valve Shop 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.
4. NO WARRANTIES
The Valve Shop 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, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by The Valve Shop or its agents or employees shall create a warranty. The Valve Shop 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 The Valve Shop 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 The Valve Shop's 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 The Valve Shop's servers that such information becomes available to all Internet users and that The Valve Shop 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 The Valve Shop's servers and the Internet.
5. 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 The Valve Shop or any other service with reference to services obtained through The Valve Shop, 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, The Valve Shop, or any other party or parties resulting from any such conduct.
6. PAYMENT
You agree to supply appropriate payment for the services received from The Valve Shop in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that The Valve Shop may apply the amount due to the provided card at any time. The Valve Shop agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.
7. JURISDICTION
This agreement shall be governed by the laws of the State of California.
8. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on The Valve Shop's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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