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FORM OF ACCEPTABLE USE POLICY

PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THIS FORM OF ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND
Automated Marketing Solutions. (“Automated Marketing Solutions”, “WE” OR “US”) a provider of template based web hosting, e-mail, domain name services, and marketing assistance services (“Services”).

A. ACCEPTANCE:
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO
Automated Marketing Solutions THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
(a) Spamming
(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
(ii) Maintaining an open SMTP relay
(b) Facilitating a Violation of this Policy
(i) Advertising, transmitting, or otherwise making available any software, program, product, or service
that is designed to violate this Policy, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
(c) Infringing Intellectual Property Rights
(i) Engaging in any activity that:
A infringes or misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by
individuals, corporations, or other entities
B violates privacy, publicity, or other personal rights of others
(d) Obscene Speech or Materials
(i) Using Automated Marketing Solutions’s Services to advertise, transmit, store, post, display, or otherwise
make available child pornography or other forms of illegal pornography or obscene speech or
material. Automated Marketing Solutions shall notify law enforcement agencies when it becomes aware of
the presence of child pornography on or being transmitted through Automated Marketing Solutions’s
Services
(e) Promoting Violence or Injury
(i) Advocating, promoting or providing assistance in carrying out violence or any other unlawful
activity against any persons, animals or any governments, businesses or other entities
(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon,
including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other
dangerous substances contrary to any laws
(iii) Promoting products or services that involve a significant risk of death or injury to any persons, or
damage to business or other entities or property
(f) Defamatory or Abusive Language
(i) Using Automated Marketing Solutions’s Services as a means to transmit or post defamatory, harassing,
abusive, or threatening language
(g) Forging of Headers
(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of
the message
(h) Illegal or Unauthorized Access to Other Computers or Networks
(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another
party, or attempting to penetrate security measures of another individual’s system (often known as
“hacking”)
(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e.
port scan, stealth scan, or other information gathering activity)
(i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan
horses, pinging, flooding, mailbombing, or denial of service attacks
(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use
the network or any connected network, system, service, or equipment
(j) Export Control Violations
(i) Exporting encryption software over the Internet or otherwise, to points outside Canada or the
United States
(k) Illegal Activities
(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or
otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards,
and pirating software
(l) Gambling
(i) Engaging in or promoting gambling contrary to any laws
(m) Promoting Intoxicants
(i) Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal
substance contrary to any laws
(n) Instructing others in Prohibited Activities
(i) Providing instructions with respect to any activities listed in (a) through (n) above
(o) Other Activities
(i) Engaging in any other activity, whether lawful or unlawful, that Automated Marketing Solutions in its sole
discretion determines to be harmful to customers, operations, reputation, goodwill, or customer
relations.
4. LIMITATION OF LIABILITY AND INDEMNITY
(a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL
Automated Marketing Solutions, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS
(COLLECTIVELY, THE “Automated Marketing Solutions ENTITIES” AND EACH, A “Automated Marketing Solutions
ENTITY”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS,
USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR
THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE
Automated Marketing Solutions ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY
WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY,
INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION,
MATERIAL OR DATA OVER OR THROUGH Automated Marketing Solutions’ SYSTEMS OR NETWORKS OR THE
SYSTEMS OR NETWORKS OF THIRD PARTIES.
(b) CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE
OR MORE OF THE Automated Marketing Solutions ENTITIES. IN SUCH INSTANCE, THE AGGREGATE
LIABILITY OF THE Automated Marketing Solutions ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF
(A) THE AMOUNT ACTUALLY PAID TO Automated Marketing Solutions BY YOU UNDER THIS AGREEMENT
DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM
ACCRUED OR (B) THE SUM OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY Automated Marketing Solutions HEREUNDER HAVE BEEN AND
WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY
RELEASE THE Automated Marketing Solutions ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
(c) You hereby acknowledge and agree that Automated Marketing Solutions and its suppliers will NOT be liable for any
delay, outages or interruptions of the Services. Further, Automated Marketing Solutions shall not be liable for any delay
or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God
or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical, electronic,
communications or third-party supplier failure).
(d) You hereby release and hold harmless, and agree to indemnify, the Automated Marketing Solutions Entities against any
and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses
(including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by the
Automated Marketing Solutions Entities, arising out of or relating to (a) your violation or breach of any term, condition,
representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or
(c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without
limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without
limitation, defamation, libel, violation of privacy or publicity).
(e) You are hereby notified that the Automated Marketing Solutions Entities are intended third-party beneficiaries of this
Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained
in this Agreement.

5. DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Automated Marketing Solutions
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although
Automated Marketing Solutions will use commercially reasonable measures to maintain the security of the Services,
Automated Marketing Solutions assumes no responsibility for the effectiveness of these security measures provided by
Automated Marketing Solutions.
6. CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT.
In the event that you engage in any of the activities above, as determined by Automated Marketing Solutions in its sole
discretion, Automated Marketing Solutions may immediately suspend or terminate access to the Services or terminate our
Service agreement with you and recover costs and expenses for any harm caused to Automated Marketing Solutions or its suppliers.

Special Notes:

All templates offered by Automated Marketing Solutions are copyrighted material. Such templates are offered for use to Automated Marketing Solutions users under license only, and are not offered for sale or unbridled use. Such license limits use of Automated Marketing Solutions templates to sites hosted by Automated Marketing Solutions. Automated Marketing Solutions templates may not be transferred to or hosted on another web host or Internet Service Provider.