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Terms of Service

This site is hosted by Digital Miracles L.L.C., a Texas Limited Liability  Corporation domiciled at 1805 Cranbrook Drive S. Colleyville, TX 76034. The following terms and conditions apply to all persons and/or business entities ('Subscribers') using the services the of Digital Miracles L.L.C. website ('Digital Miracles').

General Information: Your registration with, or continued use of, Digital Miracles' services constitutes your agreement to these terms and conditions and any disclaimers of warranty. Digital Miracles reserves the right, to modify, alter and update these Terms of Use at any time and you agree to be bound by such modifications, alterations, and updates. You agree to review these Terms of Use on a periodic basis.

Part A: Use of Services
1. License: Digital Miracles grants you, the subscriber, a non-exclusive, non-transferable, limited license to its services.

2. Subscriber Responsibilities: You  agree to not use the Service to:

a.

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;

b.

harm minors in any way;

c.

impersonate any person or entity, including, but not limited to, a Digital Miracles official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e.

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);

f.

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g.

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, except in those areas (such as the mail subscription area) that are designated for such purpose;

h.

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;

i.

disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j.

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;

k.

intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l.

"stalk" or otherwise harass another; or

m.

collect or store personal data about other users.

 Failure to comply with this provision may result in immediate suspension or termination of your Digital Miracles account.

3. Copyright:  COPYRIGHT 1995-2003 ALL RIGHTS RESERVED. All material on this site is protected by copyrights. Unauthorized copying, reproduction, republishing, posting, or duplicating of any of the material is prohibited. The Digital Miracles site contains copyrighted material, trade secrets, and other proprietary software and documentation. You may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on Digital Miracles in whole or in part.

All rights, titles, and interests in downloaded software and/or information are and shall remain the exclusive property of the stated owners. You may not upload or reproduce in any way information protected by copyright without obtaining permission of the copyright owner. Only files that you own, public domain files, and files in which the author has given expressed consent for on-line distribution, may be uploaded to Digital Miracles libraries. Failure to comply with this provision may result in immediate suspension or termination of your Digital Miracles account.

Submissions containing copyrighted material must designate all such material with the copyright symbol "©".  These entries will remain owned by the party that submits them, and that party bears all responsibility of maintaining such copyrighted material. Digital Miracles shall not be held responsible for users copying such material. All material submitted without copyright notice becomes the property of Digital Miracles.com.

4.  Submission Policy:  Submissions made to Digital Miracles will become the property of Digital Miracles. Digital Miracles reserves the right to relocate submissions, or place submissions in categories, edit submissions, or exclude submissions.

5.  Linked Sites:
Linked Sites are for your convenience only and you access them at your own risk. Digital Miracles is not affiliated with such sites and is not responsible for Linked Sites content.

Part B: General Provisions:
1.  Termination: Service may be terminated by either Digital Miracles or the subscriber. Subscribers may terminate service by sending written notice to Digital Miracles using either electronic or conventional mail. Termination will be effective on the day that Digital Miracles receives the notice or on the future date specified in the notice. Digital Miracles may terminate any service with at least 10 days advance notice.. If subscribers terminate a prepaid account, subscribers forfeit any remaining balances on the prepaid accounts. Subscribers are liable for any charges incurred by them until termination. Digital Miracles reserves the right to terminate service without notice upon a breach of Digital Miracles's terms and conditions or misuse of any kind.

2. Monitoring Accounts: Digital Miracles does not monitor any subscriber's account. However, Digital Miracles, at its sole discretion, reserves the right to review or edit any material or information submitted for display or placed on Digital Miracles server, with the exception of private electronic messages that will be reviewed only if required to do so by law. Digital Miracles may terminate immediately the account of any subscriber who misuses any Digital Miracles services.

3. Limitation of Liability: Digital Miracles does not warrant that the services or the information or programs contained on Digital Miracles server will meet your requirements or that the operations of Digital Miracles server will be uninterrupted or error-free; nor does Digital Miracles make any warranty as to the results obtained from the use of Digital Miracles services.

UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL Digital Miracles BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE Digital Miracles OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DIGITALMIRALCES' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES.

In no event shall Digital Miracles' total liability for all damages, losses, and causes of actions, whether in contract, tort, including negligence, or otherwise exceed $1.

Warranty
1. Disclaimer of Warranties: YOU USE Digital Miracles AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AN Digital Miracles EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY.

2. Indemnity: You shall hold Digital Miracles harmless from any claims and expenses, including reasonable attorneys' fees, related to your violation of these terms and conditions.

3. Notices : Digital Miracles notices to subscribers may be given by means of electronic messages through the Internet, or by a general posting on Digital Miracles server. All notices to Digital Miracles from subscribers should be made in writing using this FORM

4. General Provisions
: Should any of these terms and conditions be held to be void, invalid, unenforceable, or illegal by a court, the validity or enforceability of the other provisions shall not be affected thereby.   Additional terms and conditions may be specified as a condition of use of certain of the Digital Miracles features; you agree to review these terms and conditions on a periodic basis.

Failure of either party to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

5. Miscellaneous: The agreement between Digital Miracles and the subscribers shall be governed by and construed in accordance with the laws of the State of Delaware. These terms and conditions constitute the entire agreement between the parties with respect to the use of Digital Miracles services.




 

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