This HostingDude.com Quick Blogcast End User License Agreement ("Agreement") is entered into by and between HostingDude.com ("HostingDude.com") a/an individual and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude.com's Quick Blogcast and its related services (collectively, the "Services") and represents the entire agreement between You and HostingDude.com concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that HostingDude.com may establish from time to time, in its sole discretion, and any agreements that HostingDude.com is currently bound by or may become bound by in the future. Such Agreements may be found here. All HostingDude.com policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

In the event that You are using ad-support in connection with the Services, You acknowledge and agree that as adequate consideration for HostingDude.com providing You with the Services at no cost to You, HostingDude.com shall have the right to place certain advertisements on Your blogcast. If You do not desire that such advertisements are placed on Your blogcast, then You may purchase the Services at HostingDude.com's current rates.

HostingDude.com grants You a non-exclusive license to use the Services, provided, however, that You abide by the terms and conditions set forth herein and in each of HostingDude.com' s policies and procedures.

1. Create an online weblog (the "Blog") at the URL you designate;
2. Allow third party posts and comments to be added and edited; and
3. Add surveys and visitation statistics to the Blog You create.

1. Upload Your podcast to HostingDude.com's servers in accordance with the particular plan You have purchased;
2. Add Your audio and video files to a blog entry for Your podcast; and
3. Deliver Your podcast to users directly on Your blog by direct download, listening to teh onsite player, or using the information You provide to syndicate Your podcast using RSS feeds.

Availability of Services

Subject to the terms and conditions of this Agreement and each of HostingDude.com's policies and procedures, HostingDude.com shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that HostingDude.com may undertake from time to time; or (iii) causes beyond the reasonable control of HostingDude.com or that are not reasonably foreseeable by HostingDude.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that HostingDude.com has no control over the availability of the Services on a continuous or uninterrupted basis. Further, if You are using ad-support in connection with the Services, You acknowledge and agree that HostingDude.com has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

Content

Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-support in connection with the Services, in no event shall Your blog, podcast or videoblog contain any of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

The Services are provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

HostingDude.com does not warrant the underlying open source code does not infringe on the intellectual property of any third party.

IN NO EVENT SHALL HostingDude.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY REPORT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERUPPTION OR OTHERWISE.

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL HostingDude.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

HostingDude.com explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by HostingDude.com ; (ii) review Your use of the Services for excessive space and bandwidth utilization and to terminate Your use of the Services or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of the Services; (iv) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of HostingDude.com, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude.com determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (v) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against HostingDude.com or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (vi) terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days. If HostingDude.com terminates Your use of the Services, HostingDude.com may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. HostingDude.com has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.

You represent and warrant to HostingDude.com that: Your single page content does not and shall not contain any content, materials, data, work, copyright, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your single page website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and offer the content on and within Your single page web site. You also warrant that the single page web site being hosted by HostingDude.com will not be used in connection with any illegal activity.

You are responsible for ensuring that there is no excessive overloading on HostingDude.com's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload HostingDude.com's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use HostingDude.com's servers and Your single page web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and HostingDude.com reserves the right to remove sites that contain information about hacking or links to such information. Use of your single page web site as an anonymous gateway is prohibited. HostingDude.com prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by HostingDude.com. You agree that HostingDude.com reserves the right to remove Your single page web site temporarily or permanently from its servers if HostingDude.com is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by HostingDude.com to be in conflict with the spirit or intent of this Agreement or any HostingDude.com policy; or (ix) use Your server as an "open relay" or similar purposes.

HostingDude.com prohibits the running of a public recursive DNS service on any HostingDude.com server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. HostingDude.com actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, You shall bear full risk of loss and damage to your web site and all of Your single page web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the single page web site or any of Your single page web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your single page web site content; (ii) maintain independent archival and backup copies of Your single page web site content; (iii) ensure the security, confidentiality and integrity of all your single page web site content transmitted through or stored on HostingDude.com servers; and (iv) ensure the confidentiality of Your password. HostingDude.com's servers and virtual dedicated services are not an archive and HostingDude.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

In the event You terminate, moving your single page web site off of the HostingDude.com virtual dedicated servers is Your responsibility. HostingDude.com will not transfer or FTP Your single page web site to another provider. In the event Your use of the Services is terminated, HostingDude.com will not transfer or manage Your Services or Your single page web site content.