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End-Users License Agreement .

This End-User License Agreement ("EULA") is a legal agreement between you (individual or single entity) and Chittering Gully Stud (herein referred to as "Chittering Gully Stud") for the use of the Chittering Gully Stud software accompanying this EULA, which includes Chittering Gully Stud computer software and online or electronic documentation (herein referred to "Software"). By exercising your right to use the Software, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, do not The Software Service is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.

OTHER RESTRICTIONS:

You must immediately terminate any Affiliate found in violation of this policy. This includes but is not limited to Affiliates that use the Mailing List Manager, Autoresponders, or Refer-a-Friend Service, and Affiliates who use their own email programs/accounts to send unsolicited mailings regarding your Affiliate Program or your products/services. If you do not immediately terminate such Affiliates, Chittering Gully Stud reserves the right to do so.

You will be found in violation of this policy if you send unsolicited mailings using any portion/feature of the Software/Service including an Affiliate Link, or if you allow your Affiliates to send unsolicited mailings. Violation of this policy is terms for immediate termination and refusal of future use.

Chittering Gully Stud strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.

Chittering Gully Stud does not allow remote posting to the subscriber database by 3rd Party List generator such including but not limited to co-registration services.

Chittering Gully Stud does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. Please note that this includes FFA page submission lists, or any other bulk list of recipients that have not specifically asked to receive email from you, including, but not limited to: sending unsolicited commercial email, sending any message to a recipient who did not request it, cross-posting messages to a large number of newsgroups or discussion groups, using a Chittering Gully Stud Company account in association with any FFA pages, safe lists or mass distribution resources. If you violate this policy you will be subject to the following actions:

Your account will immediately be terminated without notice and without any refund.

You will lose all access to your account and databases and will have no opportunity to retrieve any data from your existing contacts.

You will be charged a $50 administrative fee for every SPAM complaint we receive.

You will be reported to online anti-spam organizations, your own ISP, and the legal authorities for possible prosecution.

You will be held financially responsible for any damages incurred to the Chittering Gully Stud service as a result of your violation of the SPAM policy, including, but not limited to, loss of web host, transferring fees, damages for lost clientele, and lost fees for "downtime" due to spam complaints.

This agreement also strictly prohibits you from using autoresponders as a default email addresses for any of your Chittering Gully Stud account settings. This includes your Merchant Account Settings, your Affiliate Account Settings, and your Defualt Email Settings. The use of an autoresponder for one of these will cause problems with our system and will be grounds for suspension of your account, without warning, until the matter is resolved.

TECHNICAL SUPPORT:

Chittering Gully Stud offers free incident-based support to resolve installation issues, product usage, and troubleshooting. Chittering Gully Stud will supply technical support via email as it pertains to the Chittering Gully Stud Software Service. Integration of Products and maintaining the integrity of the integration is the responsibility of the Licensee.

Upon receipt of the support request, a Chittering Gully Stud support technician will identify the nature of the reported problem and suggest a proper course of action. This may include a referral to the product documentation, Help Files or Frequently Asked Question (FAQ) lists on the Chittering Gully Stud web site. If the problem is identified as being either a third party module issue or an ISP/IHP issue, YourCompany Support will refer the merchant to the appropriate source for a solution.

DATA STORAGE:

The software and data for the Chittering Gully Stud Software will be hosted on Chittering Gully Stud servers. Chittering Gully Stud does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In addition, the security mechanisms implemented by Chittering Gully Stud have inherent limitations, and you must determine that the Service sufficiently meets your requirements.

While Chittering Gully Stud shall make every reasonable effort to protect and backup data for Licensee on a regular basis, Chittering Gully Stud is not responsible for Licensee's data residing on Chittering-gully.com's servers. Licensee is responsible for making and keeping current copies of Members and their related information. Licensee is responsible for all use of Licensee account and confidentiality of Licensee password and information.

DATABASE USAGE :

Standard accounts are limited to 10,000 database records for a low monthly fee of $20. Additional database records added to your account will be billed at just $10 per 10,000 additional records (rounded up to the nearest 10,000).

DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABLITY, INDEMNIFICATION

Chittering Gully Stud will utilize its best efforts to maintain acceptable performance of services, but Chittering Gully Stud makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Chittering Gully Stud cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

Chittering Gully Stud will not be liable for the inadvertent disclosure of, corruption or erasure of data transmitted or received or stored on its system. Chittering Gully Stud shall not be liable to Licensee or any of its customers for any claims or damages which may be suffered by Licensee or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Software, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Chittering Gully Stud.

Licensee agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against chittering-gully.com, its agents, its customers, servants, officers, or employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Licensee, its agents, employees or assigns.

Licensee agrees to defend, indemnify and hold harmless Chittering Gully Stud against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Chittering Gully Stud' server; and material supplied by Licensee infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on RushtonHosting.com's Server. As a result of this, Licensee agrees that Chittering Gully Stud shall not be liable to Licensee for any claims of actual, compensatory and/or consequential damages which may be suffered by Licensee, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Chittering Gully Stud.

Notwithstanding the above mentioned, Licensee's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Licensee paid during the term of this Agreement. These terms and agreements may be changed without any prior notice.

HIGH RESOURCE POLICY:

While Chittering Gully Stud has no pre-set limits on email bandwith and usage, any user that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource users are users that use an excessive amount of system resources such as bandwidth, storage or CPU utilization. It is Chittering Gully Stud' sole digression to decide which users are "High Resource" users.

Users who have been deemed as a "High Resource Customer" will be subject to the following:

Chittering Gully Stud will charge your credit card on file $300.00 as a security deposit per occurrence of our HRP or violation of any of our rules. If the violation is deemed to be an "honest mistake" and the situation is corrected within 30 days, the $300 will be refunded. Otherwise, your account will be closed and no refunds will be given.

Chittering Gully Stud' Services May Only be Used for Lawful Purposes:

Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Chittering Gully Stud reserves the right to remove such illegal material from its server immediately. Chittering Gully Stud expressly forbids anyone from using YourCompany's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the Web Hosting Network management.

Unlawful and/or Unethical Use:

Chittering Gully Stud does NOT allow users that provide points of distribution, or links to the following types of sites:

Adult Sites - Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.

Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.

Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Web Hosting Network.

Chittering Gully Stud Services are Intended for the End User Only:

Customers cannot sublease, subhost, or give away control of any portion of Chittering Gully Stud's Network's resources..

Payment Policies:

All accounts are setup automatically and billed in real time. Confirmation emails should arrive within 15 minutes to the email specified in your online signup form.

Chittering Gully Stud may run a transaction at least 5 days in advance to antisipate a declined credit card. This will give the customer at least 4 days from the due date to run the transaction. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.

In some cases if a problem arises with the account, the user will be notified via e-mail.

All new accounts are billed on a prepay basis every 30 days, and will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. If a bank 'charge back' is processed against our account, the account in question will be terminated immediately.

The customer is responsible to keep credit card on file up to date which includes the expiration date, and sufficient funds to cover account fees. All credit cards run though merchant account and are declined for any reason are charged a $20 reactivation fee. Chittering Gully Stud accepts Visa, MasterCard, American Express & Discover cards.

In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 5 days of the e-mail notice are subject to suspension and possible account termination.

At no time will Chittering Gully Stud allow an account to be operational past the last day of the pre-paid date of services. If user fails to update the account information, Chittering Gully Stud will suspend the account without further notice and consider the account closed. Service fees do accrue during any period of suspension.

Cancellation:

Chittering Gully Stud reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Chittering Gully Stud if Chittering Gully Stud institutes its right of cancellation. Refunds will be issued within 2 billing cycles on the same credit card used at signup.

If cancellation is caused by customers violation of these policies, then no refund will be disbursed.

Customers can cancel service any time. Accounts can be canceled by the account holder at any time via the Support Tab inside your account or by contacting our Billing Department. This must be done by the credit card holder. The account will remain active until the end of the current billing period, and no refunds will be given for any reason.

Chittering Gully Stud reserves the right to revise its policies at any time without prior notification.

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