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Terms Of Use


INTENDED AUDIENCE/USE:

INTENDED AUDIENCE/USE: Ablazinghost.com (d.b.a. Forward America) provides this Web site and services to you, subject to these Terms of Use. The Terms of Use may be updated by ablazinghost.com from time to time without notice to you. This Web site and services and other Ablazinghost.com site and servicess that are linked to this site and services or affiliated with this site and services (collectively "the site and services") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the site and services (collectively "Content"), is intended for the lawful use of Ablazinghost.com's customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. The site and services is controlled and operated in whole or in part by Ablazinghost.com from its offices within the United States. Ablazinghost.com makes no representation that these materials are appropriate or available for use in other locations. Those who access the site and services from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Ablazinghost.com reserves the right in its sole discretion to refuse or terminate access to the site and services by you at any time.


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ACCEPTANCE OF TERMS:

ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE site and services.


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RESTRICTIONS ON USE OF CONTENT:

RESTRICTIONS ON USE OF CONTENT: Ablazinghost.com. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS site and services IS A VIOLATION OF THE LAW. You acknowledge having been advised by Ablazinghost.com that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to Ablazinghost.com Rights in individual elements of the Content, Ablazinghost.com or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the site and services in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site and services or ordering products or services from the site and services. This permission terminates automatically if you breach any of the Web site and services Terms of Use. If pursuant to an authorization from Ablazinghost.com, you download software from the site and services, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by Ablazinghost.com. Neither title nor intellectual property rights are transferred to you, but remain with Ablazinghost.com, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. Ablazinghost.com does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the site and services, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site and services, reproducing the site and services (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Ablazinghost.com's prior express written consent.


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TRADEMARKS AND SERVICE MARKS:

TRADEMARKS AND SERVICE MARKS: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this site and services. By making them available on this site and services, Ablazinghost.com is not granting you a license to use them in any fashion. Access to this site and services does not confer upon you any license under any of Ablazinghost.com's or any third party's intellectual property rights. Ablazinghost.com and the Stylized Ablazinghost.com Logo are in the process of being registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. Ablazinghost.com 2005. Marks owned by third parties include the following: Acrobat and Acrobat Reader are registered trademarks of Adobe Systems Incorporated. America Online, AOL, AIM, Buddy List, Instant MessengerTM, the America Online & Design logo, the AOL & Design logo, and the Triangle Logo, are registered trademarks of America Online, Inc. MSN, Hotmail, & the MSN Design logo, the Hotmail Design logo, and the Triangle Logo, are registered trademarks of Microsoft, Inc. Yahoo!, Yahoo, the Yahoo Design logo, are registered trademarks of Yahoo, Inc.in the United States and/or other countries. JavaTM Technology and/or J2METM and all other Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. Microsoft, Windows, are registered trademarks of Microsoft Corporation; and Windows XPTM and Windows MobileTM are trademarks of Microsoft Corporation. UNIX is a registered trademark of The Open Group in the United States and other countries. No Ablazinghost.com trademark or service mark may be used as a hyperlink without Ablazinghost.com's prior written permission.


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SUBMISSION OF INFORMATION:

SUBMISSION OF INFORMATION: Although Ablazinghost.com provides certain encryption in an effort to protect the electronic transmission of credit card numbers ("Financial Information") that you submit to Ablazinghost.com through the site and services, Ablazinghost.com does not guarantee the security of any information transmitted to or from the site and services. You understand and agree to assume the security risk for any information you provide using the site and services. Other than the Financial Information, do not send any confidential or proprietary information to Ablazinghost.com through the site and services. Except for the Financial Information or personally identifiable information relative to you, any information you do send to Ablazinghost.com through the site and services will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant Ablazinghost.com an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Ablazinghost.com is free to use any ideas, concepts, know-how or techniques that you send Ablazinghost.com for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Ablazinghost.com will not infringe or violate the rights of any third party. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from the site and services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.


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ABLAZINGHOST.COM PRIVACY POLICY:

ABLAZINGHOST.COM PRIVACY POLICY: Ablazinghost.com (d.b.a. Forward America) recognizes privacy and security as being a concern for most individuals accessing the Internet. Whether you're buying one of our quality products, or just browsing our site, we want to make you comfortable with our privacy practices and the security measures we take to protect your personal information. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Ablazinghost.com cannot ensure or warrant the security of any information you transmit to us or from our Web site and use of services, and therefore you use our site and services at your own risk. Once we receive your transmission, we use our best effort to ensure its security on our systems. Whenever Ablazinghost.com handles personal information, regardless of where this occurs, it takes steps to ensure that your information is treated securely and in accordance with the relevant Terms of Use and this Privacy Policy. Ablazinghost.com collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information, see our full privacy policy for this site and services by clicking on our Privacy Policy. This site and services is intended for use by persons over the age of 18. Ablazinghost.com does not seek to collect information about children under the age of 18. No information should be submitted to or posted on this Web site and services by users under 18 years of age. Ablazinghost.com encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.


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PARTICIPATION IN PROMOTIONS AND OTHER SITE AND SERVICE ACTIVITIES:

PARTICIPATION IN PROMOTIONS AND OTHER SITE AND SERVICE ACTIVITIES: If you choose to participate in a promotion or other Ablazinghost.com-sponsored activity ("Website and services Activity"), you agree to comply with any rules or regulations governing such Website and services Activity. Additionally, as a condition of your continued participation in the Website and services Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website and services Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Website and services Activity, and may result in additional legal actions being taken by Ablazinghost.com.


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LINKS TO THIRD PARTY WEB SITE AND SERVICES:

LINKS TO THIRD PARTY WEB SITE AND SERVICES: This site and services may provide links to other third-party World Wide Web site and servicess or resources. Ablazinghost.com makes no representations whatsoever about any other Web site and services which you may access through this site and services. Because Ablazinghost.com has no control over such site and servicess and resources, you acknowledge and agree that Ablazinghost.com is not responsible for the availability of such external site and servicess or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such site and servicess or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this site and services to any names, marks, products or services of any third parties or hypertext links to third party site and servicess or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Ablazinghost.com makes no representation or warranty as to any third party Content, products or services, and you agree that Ablazinghost.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site and services or resource.


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NOTICES:

NOTICES: Notices to you may be made via either e-mail or regular mail. Ablazinghost.com may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the site and services.


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DISCLAIMER OF WARRANTY:

DISCLAIMER OF WARRANTY: Ablazinghost.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE site and services OR ANY OTHER WEB site and services LINKED TO OR FROM THE site and services. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE site and services and services IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS site and services. THE CONTENT OF THE site and services IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MOTOROLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTOROLA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.


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LIMITATION OF LIABILITY:

LIMITATION OF LIABILITY: Ablazinghost.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS site and services, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF Ablazinghost.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Ablazinghost.com's TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS site and services and services, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS site and services and services.


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REVISIONS:

REVISIONS: Ablazinghost.com may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Ablazinghost.com shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Ablazinghost.com may at any time revise these Web site and services and services Terms of Use by updating this posting. By using the site and services and services, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web site and services Terms of Use to which you are bound.


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TERMINATION:

TERMINATION: You agree that Ablazinghost.com, in its sole discretion, may terminate or restrict your use or access to this site and services (or any part thereof) for any reason, including, without limitation, that Ablazinghost.com believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the site and services.


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GENERAL INFORMATION:

GENERAL INFORMATION: The Terms of Use constitute the entire agreement between you and Ablazinghost.com and govern your use of the site and services or Services, superceding any prior agreements between you and Ablazinghost.com relating to your use of this site and services. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a Ablazinghost.com -sponsored Developer Program or service, or use or download software. If any provision of these Web site and services Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Ablazinghost.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the site and services you agree that the statutes and laws of the united states and the state of Texas, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site and services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Texas, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site and services, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.


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VIOLATIONS:

VIOLATIONS: Please report any violations of these Terms of Use to Ablazinghost.com at Abuse@ablazingHOST.com


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Copyright © 1999 - 2007 ablazingHOST d.b.a. Forward America, All rights reserved.

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