The customer's application and continued use of services and this Agreement constitute a legal and binding contract between BudgetWare, Inc. (herein referred to as BudgetWare) and the customer and does not extend to any other person or entity.


Warranty:
With respect to the services to be provided herein, the customer acknowledges that BudgetWare makes absolutely no warranties whatsoever, express or implied. As a result, the customer agrees that BudgetWare shall not be liable to the customer for any claims, damages, or loss of profit which may be suffered by the customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. BudgetWare maintains regular back ups of all data, but it is the customer's sole responsibilty to maintain off site back ups in the event of irreversible data loss.


Usage
All services provided by BudgetWare may be used for lawful purposes only. Transmission, storage or presentation of any information in violation of any USA, Federal, State or City law is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene or material protected by trade secret or other statute.

The customer agrees to indemnify and hold harmless BudgetWare from any claims resulting from the use of the service that damages the subscriber or any other party. All pornographic content and sex-related merchandising is prohibited on all BudgetWare servers. This includes sites that may infer sexual content or links to adult content elsewhere. BudgetWare will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to BudgetWare servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites

Other unathorized usage
IRC or IRC bots may not be operated on our servers at this time. Server Abuse or any attempt to undermine or cause harm to a server or customer of BudgetWare is strictly prohibited.

BudgetWare Hosting will be the sole arbiter as to what constitutes a violation of all provisions of this agreement.

Spamming, sale of spam software, providing access for spam, or the sending of unsolicited e-mail, from a BudgetWare server is STRICTLY prohibited. BudgetWare will be the sole arbiter as to what constitutes a violation of this provision.


Indemnification
The customer shall indemnify and hold harmless BudgetWare from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs and expenses that may be initiated against BudgetWare and BudgetWare's officers, directors, and employees for any service provided to the customer by BudgetWare to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any material, data or information that is libelous or scandalous. This also includes but not limited to loss of data, information, profits or any other loss related to the use of BudgetWare's services.


Amendments
BudgetWare may modify this agreement at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your account. However, if you do not terminate your acount, or continue to use BudgetWare's services, following modification to this agreement, your continued use will mean that you have accepted that/those modification(s).


We reserve the right to refuse, cancel, or suspend service at our sole discretion.