1.00 General
1.01 These Terms of Service govern the use of the Libra Interactive Systems website and its services. The term "Libra Interactive Systems" is used to refer to Libra Interactive Systems. The term "account" refers to the access, content, and services that Libra Interactive Systems provides to its users.
1.02 By using the Libra Interactive Systems web site, hosting services, any support services, any Libra Interactive Systems software, or any other products or services of Libra Interactive Systems, you agree to be bound by the terms of this Agreement. Libra Interactive Systems reserves the right to change, amend and/or otherwise alter the Libra Interactive Systems services with equivalent or otherwise equal services without prior notice to you.
1.03 The terms contained herein supersede and replace any other agreement or negotiation between you and Libra Interactive Systems, whether oral, written or otherwise, including any statements made to you by any representative of Libra Interactive Systems at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by Libra Interactive Systems.
1.04 Libra Interactive Systems reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on Libra Interactive Systems and you agree that Libra Interactive Systems will have no liability for removing any data you have posted.
1.05 Subscribers to Libra Interactive Systems services must be at least 18 years of age or require the approval of the minor's legal guardian.
2.00 Domain Names and Registration Services.
2.01 At your request, Libra Interactive Systems may acquire a Second-Level domain Name ("Domain Name"), on your behalf and in your name, assuming that the Domain Name you request is available for registration. Libra Interactive Systems will not own or otherwise legally control any Domain Name registered on your behalf under this Section. Libra Interactive Systems provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Libra Interactive Systems for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Libra Interactive Systems to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Libra Interactive Systems at an amount determined by Libra Interactive Systems, at their sole discretion.
2.02 Before using a website under a Domain Name, Libra Interactive Systems may list advertisements on the website for Libra Interactive Systems services or for the products and services offered by business partners of Libra Interactive Systems or by other third parties.
2.03 Domain Names may be registered by Libra Interactive Systems on your behalf through a variety of Domain Name Registration services (each a "Registrar"). Each Registrar has its own terms and conditions concerning the registration and maintenance of Domain Names and you agree to be bound thereby. In particular, registration of Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which governs the resolution of most disputes regarding the registration of Domain Names.
2.04 You warrant to Libra Interactive Systems that any Domain Name you may seek to register through Libra Interactive Systems does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case. You agree to indemnify and hold harmless Libra Interactive Systems, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of any such Domain Name on the Internet.
2.05 You agree to inform Libra Interactive Systems of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on Libra Interactive Systems servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). Should you for any reason lose your right to use a Domain Name hosted on the Libra Interactive Systems Servers, through expiration of the registration of the Domain Name, judicial decree, and or administrative decision under the UDRP or otherwise, you agree to immediately inform Libra Interactive Systems of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately inform Libra Interactive Systems in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
2.06 You agree and understand that Libra Interactive Systems may, should your rights to a Domain Name be challenged in any way, suspend the Libra Interactive Systems services associated with such Domain Name and take any other steps required under any such proceeding, including but not limited to actions required under the UDRP. In any such case, Libra Interactive Systems will take every reasonable step to assure that no loss of data occurs as a result of such actions and Libra Interactive Systems may make such data available to you for storage elsewhere.
3.00 Technical Support
3.01 Support for hosting plans are offered via phone, Live Chat, and e-mail. This support is offered 24 hours a day, seven (7) days a week. In the case of emergencies or natural disasters, Libra Interactive Systems will provide support as soon as it is a reasonable time to do so.
3.02 Libra Interactive Systems provides support for issues relating to the hosting of web sites created with FrontPage. For FrontPage programming support, please visit: http://support.microsoft.com/default.aspx?pr=fp2003
4.00 Cancellations and Billing
4.01 Setup Fees are nonrefundable.
4.02 The initial term shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the services to Customer. After the Initial Term, this Agreement shall automatically renew. Additionally, after the initial term, customer acknowledges, agrees and authorizes Libra Interactive Systems to automatically bill and/or charge their credit card for successive terms of equal length as the initial term, unless terminated or cancelled by either party as provided in this section. After the Initial Term, this Agreement shall automatically renew at the current listed fee. A list of current fees are available on the Libra Interactive Systems website.
4.03 Libra Interactive Systems reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing right and responsibilities of each party. Promotional offers and rates may not be combined.
4.04 To the extent that you qualify for any promotional rates or special offers from Libra Interactive Systems, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
4.05 Libra Interactive Systems charges a non-refundable set up fee as well as its periodic service fee which in some cases may be refundable as further set forth elsewhere herein. Libra Interactive Systems may also charge you for Domain service fees and specifically reserves the right to institute additional charges upon notice to you. Libra Interactive Systems reserves the right to alter, change, amend or delete charges at its sole discretion. Libra Interactive Systems further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
4.06 Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the Libra Interactive Systems services. All payments shall be made in United States Dollars.
4.07 Payment by Credit Card: prior to activation of your user account, and at any applicable time thereafter, you authorize Libra Interactive Systems to charge the credit card provided by you for the amount of the fees due for the agreed upon services together with any applicable set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize Libra Interactive Systems to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. Should you fail to provide credit card authorization to pay for the coverage, Libra Interactive Systems, at its sole discretion will have the right to suspend your account and/or terminate it under section 4.08 hereof. Refusal or rejection of any charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Libra Interactive Systems under Article 16 herein.
4.08 The hosting services may be terminated by the following methods:
(a) by either party by giving the other party thirty (30) days prior written notice,
(b) by Libra Interactive Systems in the event of non-payment by Customer,
(c) by Libra Interactive Systems, at any time, without notice, if, in Libra Interactive Systems's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, or Customer's use of the services disrupts or, in Libra Interactive Systems's sole and absolute discretion and/or judgment, could disrupt, Libra Interactive Systems's business operations and/or
(d) by Brinskter upon verbal request by Customer if Customer provides satisfactory authorization and account verification.
(e) by Libra Interactive Systems in accordance with other cancellation terms listed herein.
4.09 If a customer cancels their hosting service prior to the end of the Initial Term or any Renewal Term thereafter:
(a) customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
(b) Refunds of service fees will be made only for pre-payment of service fees beyond the next renewal period following the effective notice and termination of this agreement. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that next renewal date. Libra Interactive Systems may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. There will be no refunds of Domain service Fees. Fees paid for certain additional services, including but not limited to services for extra storage space, web mail tools or special groupware, are also not refundable.
4.10 If Libra Interactive Systems cancels a customer’s account prior to the end of the Term for the customer’s breach of the Terms of Service and related agreements, the Customer's use of the services will disrupt and Libra Interactive Systems shall not refund to customer any fees paid in advance of such cancellation with customer being obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term.
4.11 Upon termination of a customer’s account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Libra Interactive Systems may be entitled.
4.12 Should a customer decide to cancel an account within the initial 30 day period, the customer will receive a full refund of prepaid hosting fees, less any Domain registration fees that Libra Interactive Systems has occurred to date as part of a promotion or separate charges. Any upgrade of the initial account by customer within the initial 30 day period will be considered a waiver of the money back guarantee and an acceptance of the then current rates and fees. Libra Interactive Systems also considers that customers switching from any existing Libra Interactive Systems package have already experienced the 30-day Money Back Guarantee. The renewal of the initial period is considered a waiver of the money back guarantee with each customer only being allowed to use the Money Back Guarantee once, and for only one account. Any customer whose account has been suspended or terminated due to the breach of any part of the Libra Interactive Systems Terms of Services including but not limited to Section 4.07 and Section 6 has automatically forfeited the right to use the Libra Interactive Systems Money Back Guarantee. To be considered valid, all money back guarantee requests must be e-mailed to billing@libra03.com within 30 days of the customer’s account being signed up.
5.00 Content
5.01 Libra Interactive Systems reserves the right to access and review its user’s content, files, or web pages for any reason at its sole discretion.
5.02 Libra Interactive Systems does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by Libra Interactive Systems.
5.03 Libra Interactive Systems does not endorse any content contained within it's user's pages.
5.04 Libra Interactive Systems will cooperate with all law enforcement efforts pertaining or involving the use of Libra Interactive Systems's user's web space, e-mail, and content. This may result in Libra Interactive Systems disclosing all information given to Libra Interactive Systems including but not limited to information contained in Libra Interactive Systems’s customer database records and servers.
6.00 Inappropriate Content
6.01 Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, ordinances, or these guidelines is prohibited. Libra Interactive Systems reserves the rights to restrict or prohibit any and all uses of the services or content on your web site(s) and to remove such material from its servers that Libra Interactive Systems determines in its sole discretion is harmful to its servers, systems, network, reputations, good will, other Libra Interactive Systems Customers, or any third party.
6.02 The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited under this agreement:
(a) nudity, pornography, anything of a sexual, lewd, indecent or of obscene nature.
(b) violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.
(c) threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
(d) promotion of illegal activities (info on hacking, cracking, making illegal devices, etc).
(e) information, instructions, or software containing or about any kind of virus.
(f) hate speech or hate propaganda.
(g) content that links to content that violates Libra Interactive Systems's Terms of Service in any way.
(h) misrepresentation of user's identity, or the impersonation of anyone, including Libra Interactive Systems personnel.
(i) collection of personal information for illegal purposes.
(j) content that is deemed by Libra Interactive Systems, in its sole discretion, to be harmful to Libra Interactive Systems, another company or organization, or individual.
(k) solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent.
(l) use of Libra Interactive Systems servers or a link to Libra Interactive Systems servers for spamming, bulk mail, web bombing, etc.
7.00 Export Violations and CISG
7.01 Libra Interactive Systems does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
7.02 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this agreement.
8.00 Harmful Content
8.01 Disseminating or hosting harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
9.00 Fraudulent Conduct
9.01 Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the services, including without limitation use of credit card numbers.
9.02 You agree not to make or attempt any unauthorized access to any Libra Interactive Systems website or the website of any Libra Interactive Systems customer.
10.00 Security Violations
10.01 Violations of Libra Interactive Systems's or any third party's server, system or network security through the use of the services are prohibited, and may result in criminal and civil liability. Libra Interactive Systems may investigate incidents involving such violations. Libra Interactive Systems may involve and cooperate with law enforcement if a criminal violation is suspected. Any violation by Customer of Libra Interactive Systems security will be considered grounds for cancellation under section 4.00.
Examples of server, system or network security violations include, without limitation, the following:
10.02 Example 1: Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
10.03 Example 2: Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
10.04 Example 3: Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
10.05 Example 4: Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header.
10.06 Example 5: Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the services such as timing out.
10.07 Example 6: Failure to Safeguard Accounts. Customer fails to prevent access to the accounts, including any account passwords.
11.00 Disallowed File Types
11.01 Libra Interactive Systems does not permit the following file types: .cmd, and .bat.
12.00 User Name Restrictions
12.01 Libra Interactive Systems user name restrictions are as follows:
(a) No vulgar or offensive language.
(b) No assumption of another person’s identity.
(c) No use of a name that is an organization or entity other than your own.
(d) No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization.
13.00 Account Usage
13.01 Customer’s selection of unlimited data transfer from their web Site, excludes transfer from any database server, RealMedia server, or other audio/video streaming servers. Customers may pay additional bandwidth fees for database server or RealMedia, or other audio/video streaming server transfers that exceed 10 GB, in the aggregate, during any calendar month. Customer agrees to design their websites in such a manner as to avoid overloading of Libra Interactive Systems Servers, by limiting the use of code/applications that require overly high processor capacity, and to use good judgment to provide a website that is designed in a technically competent manner. Libra Interactive Systems has the right, should the customer’s website be the cause of interruptions in Libra Interactive Systems’s ability to provide its services to other customers, to temporarily disable access to the customer’s website. In case Libra Interactive Systems takes such a step, the customer will be informed thereof as soon as is practicable and Libra Interactive Systems may work with customer to remove the condition that led to the suspension.
13.02 To protect the legitimate Internet use of our Customers across our system, Libra Interactive Systems may immediately suspend service, without notice to any web site or Customer, for the following uses:
Customers may not,
(a) Use the web site to store web pages, files or data for other IP addresses or Domain Names, or as a repository for files, data or “warez group” download transfer, or
(b) Offer adult content.
13.03 Libra Interactive Systems may immediately suspend service, without notice to any web site or Customer, any web site that in any manner adversely affects the operations or performance of other Libra Interactive Systems customers. In the event of any dispute regarding the aforementioned rules, Libra Interactive Systems may determine violations of these rules in its sole discretion.
13.04 Customers utilizing bandwidth, disk space or SQL usage in excess of current plan limitations, or in violation of these rules, will be subject to additional fees for the applicable rate for the excess bandwidth, disk space or SQL space.
13.05 Customer agrees to not collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
14.00 E-mail Communication
14.01 Libra Interactive Systems users agree to:
(a) Maintain a current email address in the Libra Interactive Systems database. Failure to notify Libra Interactive Systems of an e-mail change could result in the termination of your Libra Interactive Systems account.
(b) Receive emails about a product or service that might be of interest from an advertiser.
(c) Receive updates, offers, notifications and newsletters in email from Libra Interactive Systems.
(d) Check all of their email accounts in regular intervals and to download the email stored therein in order to maintain an acceptable data-transfer volume. Libra Interactive Systems may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to the customer. All items left in the "Deleted" or "Trash" folder on the mail server will be automatically deleted after 30 days.
14.02 Customer may not use Libra Interactive Systems's mail server or another web site's mail server to relay mail without the express permission of the account holder or the web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
15.00 SPAM/Bulk Mail Policy
15.01 Libra Interactive Systems users agree not to distribute, publish, or send any of the following types of e-mail:
(a) Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
(b) Harassing e-mail, whether through language, frequency, or size of messages.
(c) Chain letters.
(d) UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly referred to as "spam"). Libra Interactive Systems reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
(e) Unsolicited postings to newsgroups advertising any URL (Domain) hosted by Libra Interactive Systems.
(f) Promoting any software program, product, or service that facilitates the use of spam/bulk mail.
(g) E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
15.02 Malicious e-mail, including without limitation "mail-bombing" (flooding a user or web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
15.03 In addition, you may not use Libra Interactive Systems's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
16.00 Termination of Service
16.01 A partial list of the actions that may cause termination of account:
(a) Purposely circumventing the receiving of emails.
(b) Posting or providing links to content that violates these Terms of Service.
(c) Using an account that is not yours or is inactive.
(d) Sending unsolicited (bulk, spam) email from or referencing your space.
(e) Reproduction or use of another user's content without permission.
(f) Reproduction of any Libra Interactive Systems.com content (CodeBank, Forum Messages, Articles).
(g) Invalid e-mail address for correspondence with Libra Interactive Systems.
16.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
17.00 Ownership of Intellectual Property and Confidentiality
17.01 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Libra Interactive Systems including but not limited to the Libra Interactive Systems customer service tools. You acknowledge that all right and title to any such Libra Interactive Systems intellectual property shall remain the sole property of Libra Interactive Systems and that you have no right, title or interest therein. You further agree not to provide access to the Libra Interactive Systems services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Libra Interactive Systems services shall also remain the sole property of Libra Interactive Systems.
17.02 During the term of this agreement you may have access to certain information and materials relating to the Libra Interactive Systems business, customers, software technology and marketing which Libra Interactive Systems treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Libra Interactive Systems; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
17.03 For purposes of this Article 17, Confidential Information also includes passwords and access codes.
18.00 Limitations of Liability
18.01 LIBRA INTERACTIVE SYSTEMS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIBRA INTERACTIVE SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18.02 LIBRA INTERACTIVE SYSTEMS MAKES NO WARRANTY THAT (i) LIBRA INTERACTIVE SYSTEMS WILL MEET YOUR REQUIREMENTS OR THAT, (ii) LIBRA INTERACTIVE SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LIBRA INTERACTIVE SYSTEMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIBRA INTERACTIVE SYSTEMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIBRA INTERACTIVE SYSTEMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIBRA INTERACTIVE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM LIBRA INTERACTIVE SYSTEMS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18.03 You agree to indemnify and hold Libra Interactive Systems, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on Libra Interactive Systems your use of Libra Interactive Systems, your violation of these Terms of Service, or your violation of any rights of another.
18.04 These Terms of Service constitute the entire agreement between you and Libra Interactive Systems and govern your use of Libra Interactive Systems, superseding any prior agreements between you and Libra Interactive Systems. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and Libra Interactive Systems shall be governed by the laws of the Commonwealth of Virginia. You and Libra Interactive Systems agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. The failure of Libra Interactive Systems to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.00 Severability
19.01 If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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