TERMS OF SERVICE
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The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
1: ACCEPTANCE By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2 : CONDITIONS AND RESTRICTIONS ON USE Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that NQD Hosting may terminate your access to the server or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by NQD Hosting. Any such termination shall be in NQD Hostings' sole discretion and may occur without prior notice, or any notice. NQD Hosting further reserves the right to terminate any user's access to the Network or to any of the Products and Services for any conduct that NQD Hosting, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to NQD Hosting or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, or foreign laws or regulations. NQD Hosting further reserves the right to terminate any user's access to the Network or to any of the Products and Services for any reason or for no reason at all, in NQD Hosting sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet. Be aware that the majority of the NQD Hosting Network is for general audiences, although there are certain areas on the NQD Hosting Network that contain adult or mature content and different areas where content is specifically created for children under 13 years of age. Where there is mature or adult content, individuals who are less than 21 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the NQD Hosting Network not open to persons under 21years of age. All such areas on the Network are to be password protected and deemed as 'adult' sites. With respect to general audience content, if NQD Hosting learns that anyone under the age of 13 has accessed the Products and Services, NQD Hosting will require verified parental consent.

NQD Hosting does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various NQD Hosting Network registration forms ("Registration Data") and (b) you will 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 NQD Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NQD Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All NQD Hosting Network registrations become the exclusive property of NQD Hosting, its affiliates and subsidiaries. NQD Hosting reserves the right to use and reuse all registration and other personally identifiable user information subject to the NQD Hosting Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the NQD Hosting Network Privacy Policy and at individual NQD Hosting Network sites.

4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE NQD Hosting NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. PARENTAL CONTROLS AND CHILD SAFETY Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available.
6. MEMBER AND USER CONDUCT

Upon registering, you will receive a password and NQD Hosting Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify NQD 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. The NQD Hosting Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the NQD Hosting Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The NQD Hosting Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that you may consider objectionable. Under no circumstances will the NQD Hosting Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, NQD Hosting does not pre-screen user or third party Content posted on the NQD Hosting Network, except for certain areas where NQD Hosting employs certain automated screening software, although NQD Hosting reserves the right to do so. NQD Hosting does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. NQD Hosting reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by NQD Hosting.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the NQD Hosting Network is to maintain, publish and produce web sites on the NQD Hosting Network that are consistent with these terms and conditions.

Prohibited Conduct

You agree that you will not use NQD Hosting Network Products and Services to:

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 21 years of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a NQD Hosting Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
Making available copyrighted software or other Content that has had the copyright protection removed.
Making available serial numbers for software that can be used to illegally validate or register software.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the NQD Hosting Network.
Use automated means, including spiders, robots, crawlers, or the like to download data from any NQD Hosting Network database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any NQD Hosting database, including, without limitation, by incorporating data from any NQD Hosting database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained from any NQD Hosting database or make any other use of data from any NQD Hosting database in a manner which could be expected to offend the person for whom the data is relevant.
Create and maintain a NQD Hosting Network web page (including, but not limited to) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a NQD Hosting Club, post pictures to the NQD Hosting Club, and have other web pages call the NQD Hosting Club page to retrieve those pictures.
Create and maintain a NQD Hosting Network web page that contains hyperlinks to content not permitted on the NQD Hosting Network.
Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation NQD Hosting Network Chat hosts.
Intentionally or unintentionally violate any applicable local or international law, including, but not limited to, any rules of any national or other securities exchange.
Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
Disobey any NQD Hosting Chat hosts or other NQD Hosting employee or representative or interfere with any action by any NQD Hosting Chat host or other NQD Hosting employee or representative to redress any violation of these Terms and Conditions.
Access the Products and Services after your account or access has been terminated by NQD Hosting.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of NQD Hosting or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Engage in manipulative bidding through Auctions, such as by making bids solely for the purpose of instigating other bidders to withdraw bids and then retracting your bid to bid at a lower price or by using multiple accounts to drive up bidding on items you are offering for sale.
Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the NQD Hosting Network community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
Any controlled substances or pharmaceuticals.
Any items that are counterfeit or stolen.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.

You acknowledge and agree that the NQD Hosting Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation NQD Hosting and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by NQD Hosting, in its sole discretion. NQD Hosting may also terminate access to, or membership in, the NQD Hosting Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and 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 or obtained through the use of the NQD Hosting Network, including without limitation information in Chat, Message Boards, Clubs, and in all other parts of the NQD Hosting Network Products and Services.

You expressly acknowledge and agree that the NQD Hosting Network 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 Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NQD Hosting, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, 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. You further acknowledge and agree that other data collected and maintained by NQD Hosting with regard to its users may be disclosed in accordance with NQD Hosting Privacy Policy.

NQD Hosting also may suspend or terminate any user account for any Product or Service because of user inactivity. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

7. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT

By submitting a web page to NQD Hosting you grant NQD Hosting a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the NQD Hosting Network. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular NQD Hosting Network service. In the event that such membership is terminated, NQD Hosting will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.

With respect to any other Content posted by or in connection with the Products and Services, you grant NQD Hosting a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the NQD Hosting Network. Such license shall apply with respect to any form, media, or technology now known or later developed.

8. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NQD Hosting DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NQD Hosting DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. NQD Hosting SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NQD Hosting DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. NQD Hosting DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NQD Hosting DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NQD Hosting MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY NQD Hosting.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NQD Hosting OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NQD Hosting OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NQD Hosting NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE NQD Hosting NETWORK.

UNDER NO CIRCUMSTANCES SHALL NQD Hosting OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

10. DISCLAIMER REGARDING THIRD PARTY CONTENT The NQD Hosting Network may offer access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, NQD Hosting has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the NQD Hosting Network or provided to the NQD Hosting Network by third parties, NQD Hosting may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the NQD Hosting Network from such sources is developed by people over whom the NQD Hosting Network exercises no control. The search results that appear from the catalogs indexed by the NQD Hosting Network's spiders or web robots are automated, and the NQD Hosting Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the NQD Hosting Network are posted by third parties, and, with the exception of certain automated screening functions, NQD Hosting cannot and does not screen such web pages before they are made accessible to other users of the NQD Hosting Network. Accordingly, neither the NQD Hosting Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the NQD Hosting Network web sites or in any web page hosted for a third party within the NQD Hosting Network. In instances where the NQD Hosting Network does review the sites that are displayed in directories, indices, and/or references, or where the NQD Hosting Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by NQD Hosting, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
11. STORAGE Many features of the NQD Hosting Network store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on Auctions. NQD Hosting reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive. Specifically, NQD Hosting reserves the right, in its sole discretion, to delete any materials.
12. INDEMNITY AND RELEASE

By using the NQD Hosting Network web sites you agree to indemnify NQD Hosting, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the NQD Hosting Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to NQD Hosting or from any person's use of any account or password you maintain with any portion of the NQD Hosting Network, regardless of whether such use is authorized by you. By using the NQD Hosting Network, using the Products and Services, or submitting any ideas and/or related materials to NQD Hosting, you are hereby agreeing to release NQD Hosting and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to NQD Hosting. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

13. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES The NQD Hosting Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The NQD Hosting Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
14. MERGER These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between NQD Hosting representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual NQD Hosting Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
15. NON-WAIVER AND SEPARABILITY NQD Hosting failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
16. RELATIONSHIP OF PARTIES You acknowledge and agree that you and NQD Hosting are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
17. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of NQD Hosting.
18. SUCCESSORS AND ASSIGNS Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
19. TERMINATION; SURVIVAL These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by NQD Hosting. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
20. COMMUNICATIONS WITH USERS NQD Hosting reserves the right to communicate with you regarding your use of the Products and Services.
21. SUBMISSIONS OF IDEAS The NQD Hosting Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the NQD Hosting Network, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NQD Hosting BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO NQD Hosting, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO NQD Hosting THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT NQD Hosting IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NQD Hosting, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
22. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of NQD Hosting and the NQD Hosting Network, NQD Hosting reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the NQD Hosting Network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

Email Address: abuse@nqdhosting.co.uk

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