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Old 05-09-2008, 05:06 AM
hostbooty hostbooty is offline
I'm new here, where are the restrooms?
 
Join Date: May 2008
Posts: 6
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13 INDEMNITY

13.1 You agree to fully defend and indemnify and hold harmless Lunarpages of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Lunarpages in any way related to your use of the Lunarpages service or any portion thereof.

13.2 You agree to fully defend and indemnify and hold harmless Lunarpages of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Lunarpages service or any portion thereof. Choice of counsel remains exclusively that of Lunarpages

13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Lunarpages of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Lunarpages.

14 FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

15. U.S. EXPORT CONTROLS

Software available in connection with the Lunarpages services is subject to United States export controls. No Software may be downloaded from Lunarpages or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.

16 ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by Lunarpages. Lunarpages may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of Lunarpages. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

17 SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18 CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

19 NO AGENCY

Notwithstanding any other provision of this agreement, Lunarpages is not your agent, partner or joint venturer in any respect.

20 AMENDMENT

Lunarpages may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Lunarpages web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
21 REQUIRED NOTICES

20.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Add2Net, Inc - Lunarpages Division, COPYRIGHT INFRINGEMENT CLAIM, 100 East La Habra Blvd., La Habra, CA 90631 Telephone (714) 714-521-8150 Facsimile (714)521-8195

20.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Lunarpages service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

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