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1) All fees are due in advance of the services provided. Failure to pay in advance may result in termination of services without notice.

2) Direct Sites Online will utilise its best efforts to maintain acceptable performance of services, but makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Direct Sites Online cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Direct Sites Online will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Direct Sites Online shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Smart Artist.

3) Customer 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 Smart Artist, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Direct Sites Online against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Smart Artist's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Smart Artist's Server. As a result of this, Customer agrees that Direct Sites Online shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, 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 Smart Artist. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

4) The Customer may only use Smart Artist's services for lawful purposes. In the event that at any given time, Direct Sites Online believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Direct Sites Online has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer: 

a. Unauthorized distribution or copying copyrighted software, violation of Australian/US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;

b. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Direct Sites Online reserves the right to determine what is Net abuse; DO NOT SEND UNSOLICITED COMMERCIAL EMAIL, BULK EMAIL, EMAIL WITH FORGED HEADERS, OR POST IN VIOLATION OF USENET POLICIES. YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED AND YOU WILL BE RESPONSIBLE FOR THE ALL COSTS OF THE NETWORK DISRUPTION YOU CREATED. You will be charged $3.00 for EACH individual email which contravenes the above policy.

c. Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights; 

d. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Direct Sites Online reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service. 

e. MUDDS, Listservers, IRC, chat applications, or any other Internet application that are not Website specific, are specifically prohibited.

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