New Focus Creative

User Agreement
This Agreement is a contract between you and New Focus Creative, Inc. and applies to the use of the Hosting service and any related products and services (collectively the "Service").
In this Agreement, "you" or "your" refers to any person or entity using the Service ("Users"). Unless otherwise stated, "NFC", "we" and "our" will refer collectively to New Focus Creative Communications, Inc. and its affiliates, directors, employees, agents and contractors.
By accepting our web hosting, you agree to the terms and conditions of this Agreement. You further agree that this Agreement forms a legally binding contract between you and NFC, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation.
Unless otherwise stated, all references to a "credit card" include Visa-, MasterCard- and American Express- branded debit cards.
Financial Arrangements
You agree to a X month(s) contract, beginning upon the initial NFC-Client transaction.
First X month(s) payment will be due upon time of account activation.
This agreement will automatically renew for successive X month(s) periods unless cancelled in writing prior to the renewal date.
If you selected the postal payment method, you must mail NFC the due amount in check or international/certified money order. Renewal of Services by you indicates agreement to contract revisions.
If you wish to discontinue the Service prior to the end of the billing cycle, you can request a credit at any time for the unused pre-paid service period.
Accounts in arrears are subject do deactivation of account pending payment.
Taxes
NFC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material and Products
NFC does not provide domain registration services and will not handle the registration of domain names.
Client will provide NFC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of NFC, who shall make no effort to validate this information for content, correctness or usability.
Use of the Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of desired content of server space by the Client.
Although NFC is willing to provide technical support, you agree that it is not the obligation of NFC to provide this knowledge or customer support outside the defined Service of NFC.
NFC makes no warranties or representation of any kind, whether expressed or implied for the Service it is providing. NFC also disclaims any warranty of merchantability or fitness for particular purposes and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of NFC is at the Client's own risk, and NFC specifically denies any responsibility for the accuracy or quality of information obtained through its services. NFC expressly limits its damages to the Client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. NFC specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks and Copyrights
Client warrants that it has the right to use the applicable trademarks, if any.
Software
NFC makes no representations, warranties or assurances that the Client's equipment will be compatible with the Service.
Age
The Client certifies that he or she is at least 18 years of age.
Internet Etiquette
Electronic forums such as mail distribution lists and USENET newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of NFC may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NFC staff. All messages transmitted via NFC should correctly identify the sender. User may not alter the attribution or origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access.
In addition, the use of unsolicited bulk email (SPAM) for advertising, promotion or other purposes is forbidden. Such practices will not be tolerated and are grounds for contract termination. This applies both to email sent from any NFC server and to email sent from other servers making reference to a website on a NFC server.
Termination
This agreement may be terminated by either party. Not withstanding the above, NFC may terminate Service under this agreement at any time, without penalty, if the Client fails to comply with the terms of this agreement.
Limited liability
Client expressly agrees that use of NFC servers is at Client's sole risk. Neither NFC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the NFC service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this agreement.
UNDER NO CIRCUMSTANCES, SHALL NFC, ITS OFFICES, AGENTS OR ANY ONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NFC SERVER SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NFC SERVER SERVICE; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD OR COMMUNICATION FAILURE. CLIENT HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT ON NFC SERVER SERVICE.
Lawful purpose
Client may only use NFC servers for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
Furthermore, NFC expressly forbids anyone from using NFC servers for the propogation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the NFC administration.
Indemnification
Attorney Fees and Expenses: Client agrees that it shall defend, indemnify, save and hold NFC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against NFC, its agents, its customers, servants, officers and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless NFC against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with NFC servers; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on NFC servers.
Contract Revisions
Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the Client on renewal of NFC. Services as specified in Section I. Financial Arrangements.
Entire Agreement and Severability
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of Michigan applicable therein.

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