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											| Terms & Conditions |  
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									PakEagle.Com 
									Terms of Service
 Last Revision: 1/9/2009
 
									Any individual 
									who purchases or utilizes services provided 
									by PakEagle.Com, Inc. or any of its 
									affiliates are unconditionally bound to the 
									terms set forth in this document. 
									By purchasing or utilizing services 
									provided by PakEagle.Com, Inc. it is 
									understood that you have read and agree 
									wholly with the terms set forth by this 
									agreement.  
									PakEagle.Com, 
									Inc and its affiliates reserve the right to 
									revise this agreement at any time without 
									providing direct notice to those whom it 
									affects.  It is 
									understood that any individual purchasing or 
									utilizing services provided by PakEagle.Com, 
									Inc will review this document periodically 
									for any changes. 
									PakEagle.Com, 
									Inc will use the terms set forth in this 
									agreement as a guideline to settle disputes 
									between PakEagle.Com, Inc and the 
									individuals that purchase or utilize its 
									services.  The terms of 
									this agreement set forth the entire 
									agreement between PakEagle.Com, Inc and the 
									individuals purchasing or utilizing its 
									services, and supersedes any and all prior 
									agreements of the parties involved. 
									Any breach of 
									this agreement by an individual purchasing 
									or utilizing services by PakEagle.Com, Inc. 
									may result in the services of the individual 
									being suspended or terminated with or 
									without notice. 
									Any questions 
									clarification, or challenge of the terms set 
									forth in this agreement may be submitted in 
									writing via email to 
									support@pakeagle.com.
 
										
											| Definitions 
												
												
												1.1. "Customer", "you", "your", 
												et al. shall refer to any 
												individual seeking to purchase 
												or utilize any service provided 
												by PakEagle.Com, Inc. This also 
												includes any agent of the 
												aforementioned party.1.2. "PakEagle.Com", "we", "us", 
												"our", et al. shall refer to the 
												provider PakEagle.Com, Inc.
 1.3. "Employee" shall refer to 
												an agent of PakEagle.Com 
												authorized to act on the behalf 
												of PakEagle.Com.
 1.4. "Services" shall 
												collectively refer to any 
												service and the billing 
												associated with it that 
												PakEagle.Com agrees to provide 
												the Customer based on the 
												selections made by the Customer 
												during signup or as requested in 
												writing and approved by an 
												Employee.
 1.5. "Servers" shall 
												collectively refer to any 
												hardware provided by 
												PakEagle.Com that a Customer 
												utilizes.
 1.6. "Sites" shall collectively 
												refer to any website maintained 
												by a Customer provided by 
												PakEagle.Com.
 1.7. Account" shall refer to the 
												established billing information 
												and its related Services that 
												are representative of the 
												Customer that contracted 
												Services from PakEagle.Com.
 1.8. "In writing" and "written 
												consent" shall refer to 
												communication and/or permission 
												established over email between 
												the Customer and
												support@pakeagle.com
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											| PakEagle.Com Services 
												
								
												2.1. PakEagle.Com agrees to 
												provide any and all services 
												requested by the Customer during 
												signup as put forth by the 
												package selected by the 
												Customer. PakEagle.Com will not 
												be expected to provide any other 
												services unless agreed to in 
												writing between the Customer and 
												an Employee. All Services that 
												PakEagle.Com provides shall be 
												bound by the terms of this 
												agreement.2.2. Any change to a Service 
												made by PakEagle.Com on behalf 
												of the request of a Customer 
												that is not part of a standard 
												package or Service will be 
												considered to be temporary in 
												nature. These changes are made 
												on a case-by-case basis, and may 
												not be preserved when other 
												changes are made to the 
												Services. PakEagle.Com will not 
												be held responsible for any 
												downtime or issues related with 
												this section.
 2.2.1. Any aforementioned change 
												may be removed at any time with 
												or without notice if it is found 
												to have a negative effect on the 
												Services.
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											| 
								
											Accounts and Billing 
												
												
												3.1. Each Customer that 
												contracts service with 
												PakEagle.Com will be setup with 
												an account that consists of 
												accurate contact and billing 
												information as verified by the 
												Customer. Failure to provide 
												truthful information may result 
												in the suspension or termination 
												of the Account.3.2. Information provided to 
												PakEagle.Com by the Customer may 
												be shared with third party 
												services to determine a fraud 
												risk score, to bill the credit 
												card on file, or to contract 
												service on behalf of a customer, 
												as is the case with "domain 
												registration". PakEagle.Com will 
												never share customer information 
												with any third party under any 
												circumstance outside of this 
												requirement.
 3.3. New Accounts are 
												established under the following 
												conditions:
 3.3.1. Full payment has been 
												received as per the invoice 
												generated at signup.
 3.3.2. The order has been 
												successfully screened for fraud 
												by both a third party and an 
												Employee, and is determined not 
												to be fraud by both a third 
												party and an Employee.
 3.3.3. The Employee reviewing 
												the signup accepts the order.
 3.4. PakEagle.Com retains the 
												right to reject any order at any 
												time for any reason with or 
												without notice. In the event 
												that an order is not accepted 
												for any reason, the Account will 
												be terminated, and any payments 
												received will be refunded. The 
												Customer may request the reason 
												for cancellation in writing.
 3.5. All Services are billed on 
												a recurring basis according to 
												the package chosen at signup, or 
												as determined by a Customer and 
												Employee in writing after an 
												Account has already been 
												established, as in the case of 
												an "upgrade". Payment is 
												automatically attempted via the 
												credit card on file on the 
												anniversary date of the Service.
 3.5.1. Automatic billing cannot 
												be stopped unless the Services 
												are terminated as outlined in 
												Section 3.12.
 3.5.2. All Services are billed 
												up-front according to the 
												billing term selected.
 3.6. All Accounts with 
												PakEagle.Com must have valid 
												contact information on file that 
												is kept up-to-date at all times 
												as verified by the Customer. 
												This includes, but is not be 
												limited to, name, physical 
												address, phone number, and email 
												address.
 3.6.1. The email address on file 
												must not be one provided by 
												PakEagle.Com.
 3.6.2. PakEagle.Com cannot be 
												held liable for any reason in 
												the event that we cannot get in 
												contact with the Customer due to 
												inaccurate contact information.
 3.7. A valid credit card must 
												always be on the Account 
												established with PakEagle.Com as 
												verified by the Customer. Other 
												forms of payment are not 
												normally accepted unless agreed 
												to in writing with an Employee. 
												In the event that there is no 
												valid payment option established 
												with an Account, the Account may 
												be suspended until a valid 
												payment agreement is 
												established.
 3.7.1. Customers who establish a 
												form of payment that is not 
												normally accepted by 
												PakEagle.Com are responsible for 
												tracking the renewal date of the 
												Service and submitting payment 
												before the renewal date is 
												reached. PakEagle.Com is not 
												liable if an Account is 
												suspended due to lapse in 
												payment.
 3.7.2. PakEagle.Com is not 
												required to send an invoice 
												before payment is due.
 3.8. All communication regarding 
												the Account initiated by 
												PakEagle.Com with a Customer 
												shall take place via email. 
												PakEagle.Com assumes the email 
												address provided on the Account 
												is accurate and up-to-date, and 
												will make no additional effort 
												to contact you.
 3.8.1. Customers reserve the 
												right to be notified of any 
												action taken on their account in 
												accordance with this clause 
												unless otherwise noted in these 
												terms.
 3.9. In the event a Customer 
												owes money to PakEagle.Com for 
												any reason, any Services the 
												Customer has with PakEagle.Com 
												may be suspended to attempt to 
												collect payment, with or without 
												notice.
 3.10. Billing for all Services a 
												Customer maintains with 
												PakEagle.Com remains active 
												while an Account or Service is 
												suspended. Any payment that 
												comes due during the time an 
												Account or Service is expected 
												in full, and must be paid prior 
												to Service being reinstated.
 3.11. Bank disputes (i.e. "chargebacks") 
												are grounds for immediate 
												termination of an Account 
												without notice from 
												PakEagle.Com. In the event that 
												a bank dispute is received from 
												a Customer, the Account will be 
												suspended and/or terminated. If 
												a Customer wishes to reinstate 
												an Account affected by a bank 
												dispute, they will be 
												responsible for the whole amount 
												disputed, plus any additional 
												fees directly associated with 
												the bank dispute.
 3.12. If a Customer wishes to 
												terminate Services or an Account 
												provided by PakEagle.Com, it 
												must be requested in writing via 
												email to support@pakeagle.com, 
												or by logging into the billing 
												system and requesting 
												cancellation.
 3.12.1. The Customer will be 
												entitled to at least 50% of the 
												remaining balance on the account 
												as of the day cancelled in the 
												case of pre-paid Services, 
												unless otherwise determined by 
												an Employee.
 3.12.2. Setup fees, domain name 
												registration/transfer fees, 
												add-on Service fees, and 
												one-time service charges are not 
												eligible for refunds.
 3.13. In the event that an 
												Account or Service is terminated 
												at the discretion of an Employee 
												for any reason, no refund will 
												be due, nor will a backup of any 
												data stored on the Servers be 
												provided unless otherwise 
												determined by an Employee.
 3.14. Unless otherwise noted, 
												any and all promotions are 
												reserved for first-time account 
												holders, and will not be honored 
												for existing Accounts unless 
												approved by a PakEagle.Com 
												manager.
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											| Sites, Services and Content 
												
												
												4.1. Services provided by 
												PakEagle.Com are not to be used 
												for the transmission, storage, 
												or presentation of any 
												information, data or material 
												that is in violation of any 
												United States federal and/or 
												local laws. Failure to comply 
												with this section will result in 
												immediate termination and/or 
												suspension of the Account.4.2. Any attempt to exploit a 
												Service in any way is grounds 
												for immediate termination of the 
												Account.
 4.3. The Customer is wholly 
												responsible for any action taken 
												on their Account in any way. The 
												Customer is monetarily 
												responsible for any action that 
												is taken on their Account, 
												regardless of if the Customer or 
												a third party took the action.
 4.3.1. In the case where a 
												Customer believes their Account 
												was compromised by a third 
												party, it is the Customer’s 
												responsibility to alert 
												PakEagle.Com in writing to this 
												fact as soon as possible. The 
												Customer may be held liable for 
												any service charges accumulated 
												by any action taken by the third 
												party.
 4.4. PakEagle.Com considers 
												certain material to be 
												unacceptable. If unacceptable 
												material is found on a Site, or 
												is linked to by a Site, the 
												Account will be suspended and/or 
												terminated as determined by an 
												Employee. Examples of 
												unacceptable material include, 
												but are not limited to:
 4.4.1.   
												Pornographic or adult material
 4.4.2.   
												Fraudulent activities of any 
												kind
 4.4.3.   
												IRC and IRC related tools
 4.4.4.   
												Copyrighted material without 
												explicit consent to use and/or 
												distribute
 4.4.5.   
												Network/computer scanning or 
												attack software
 4.4.6.   Exploits
 4.4.7.   
												Software licenses, license 
												generation software, software 
												"cracks"
 4.4.8.   Site 
												mirroring
 4.4.9.   
												Upload services of any kind
 4.4.10. Spiders of any 
												kind
 4.4.11. 
												Computer viruses/malicious 
												software of any kind
 4.4.12. Proxy scripts or 
												services
 4.4.13. Ponzi or pyramid 
												schemes
 4.4.14. 
												Pharmacy or pharmacy-like 
												services
 4.4.15. Racist, hateful, 
												or harassing content
 4.4.16. 
												Hacking related information or 
												services
 4.4.17. SPAM of any kind
 4.5. Backups are not to be 
												stored on the Servers, whether 
												the backup contains files from 
												other systems, or files from 
												content hosted on the Service. 
												Any backup created of content on 
												the Servers with the intention 
												of being copied to a new medium 
												off of the Services must be 
												removed from the Servers within 
												one week of the creation of the 
												file. Any backups discovered 
												that are in violation of this 
												section will be removed by an 
												Employee without notice.
 4.6. Any unattended process or 
												command is prohibited from being 
												run on the Services at any time. 
												Any process or command that 
												listens on a network port or 
												opens a file socket is 
												prohibited from being run on the 
												Services at any time. Any daemon 
												is prohibited from being run on 
												the Services at any time. 
												Processes or commands found to 
												be violating this section will 
												be terminated immediately 
												without notice. Further action 
												is at the discretion of an 
												Employee.
 4.6.1. Scheduled jobs (i.e. "cronjob", 
												"crontab") may be run more 
												frequently than once every 10 
												minutes. Scheduled jobs may not 
												take longer than five minutes to 
												complete their task. Any 
												scheduled jobs violating this 
												section will be terminated, and 
												disabled.
 4.7. No action taken on the 
												Services should result in a 
												connection to a network outside 
												of the Services unless express 
												written consent has been 
												obtained both from PakEagle.Com 
												and the network the Customer 
												wishes to connect to. Accounts 
												in violation of this section may 
												be suspended.
 4.8. Any effort to link to, or 
												provide material that is not 
												owned by the Customer will 
												result in immediate suspension 
												of the Account.
 4.8.1. Any data and/or 
												multimedia that is not 
												explicitly owned by the 
												Customer, and for which the 
												customer does not have explicit 
												written permission from the 
												owner of the data and/or 
												multimedia is prohibited on the 
												Service. Examples include, but 
												are not limited to the hosting 
												of music or videos whether for 
												personal or public use. 
												Violation of this section may 
												result in the material being 
												removed with or without notice 
												and/or the suspension of the 
												Account at the discretion of an 
												Employee.
 4.9. Services are not to be used 
												for the sole purpose of load 
												balancing. Services may not be 
												used to provide storage for data 
												that is not used directly on the 
												Site. This includes, but is not 
												limited to, utilizing the 
												Services solely for the purpose 
												of hosting images, videos, 
												music, large downloads, SQL 
												databases, or streams. Any 
												Account violating this section 
												will be suspended and may be 
												terminated at the discretion of 
												an Employee.
 4.10. Multimedia steaming is not 
												permitted on the Services 
												without first receiving written 
												consent from an Employee.
 4.11. Services are not to be 
												used to monitor, gather 
												information about, or 
												administrate other servers or 
												sites of any kind.
 4.12. Sites must remain within 
												the limits specified by the 
												package the Customer selected 
												regardless of whether or not 
												they are strictly enforced. 
												Violating this section is 
												considered exploitation as per 
												Section 4.2 and will result in 
												suspension, and possibly 
												termination, of the Account.
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											| E-mail Services 
												
												
												5.1. PakEagle.Com has the 
												explicit right to determine what 
												email may leave or enter our 
												network. Email may be filtered 
												or deleted without notice as 
												determined by an Employee. If an 
												Account is found to be sending 
												email that an Employee deems 
												unfit to leave our network, the 
												Account will be suspended.5.2. Customers are prohibited 
												from using the Services to send 
												SPAM. The recipients of any 
												email sent from the PakEagle.Com 
												network must first consent to 
												receiving email from the sending 
												Account. Any violation of this 
												section will result in immediate 
												suspension and/or termination of 
												the Account.
 5.2.1. Any email sent to a 
												purchased list, or a list 
												consisting of email address not 
												gathered with consent to send 
												email directly to any of the 
												email addresses on the list is 
												considered in violation of this 
												section.
 5.2.2. PakEagle.Com has the 
												final say in determining if an 
												email message is SPAM.
 5.3. A Customer shall not use 
												the Services solely for email 
												hosting. Any Account found to be 
												used solely for email hosting 
												will be warned in writing, and 
												granted a 10-day grace period to 
												seek new accommodations. If the 
												Account is not relocated after 
												the grace period has expired, 
												the Account will be suspended.
 5.4. Any email stored in the 
												"Trash" folder is considered to 
												be deleted and may be removed 
												from the server at any time 
												without notice.
 5.5. "Postmaster" mailboxes 
												shall not be used to store 
												email. Any email within a 
												"postmaster" mailbox may be 
												removed from the server at any 
												time without notice.
 5.6. Customers are prohibited 
												from sending more than 500 
												emails in any 60-minute period. 
												Violation of this section will 
												result in the Account being 
												suspended.
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											| Soft Limits 
												
												
												6.1. The limits in this section 
												will be known as soft limits. 
												These limits are not actively 
												enforced, however, if an Account 
												is found to be unequally sharing 
												Server resources, harming the 
												well being of a Server, or 
												adversely affecting Server 
												performance, these limits may be 
												imposed on the Account.6.2. Customers who elect to use 
												a shared Service are expected to 
												use the Service in a manner that 
												is fair to other Accounts that 
												are sharing the Service. 
												Accounts found to be 
												monopolizing the resources of a 
												Service in any way that is 
												detrimental to other Accounts on 
												the Service may be asked to move 
												to a dedicated Service.
 6.2.1. PakEagle.Com has the 
												final say of what Accounts are 
												in violation of Section 6.
 6.2.2. In non-emergency 
												situations, a grace period of 
												three days to discuss options 
												with PakEagle.Com will be 
												provided to Customers. In 
												situations where a Service 
												cannot continue to run while an 
												Account is active, the Account 
												may be suspended without a grace 
												period.
 6.3. Files over 2,097,152 
												kilobytes in size are not 
												permitted on the Service. If 
												files are discovered over the 
												aforementioned size, a warning 
												will be issued to the Customer, 
												and a grace period of three days 
												will be observed. If the files 
												have not been removed within the 
												grace period, an Employee will 
												remove them without warning.
 6.3.1. This section does not 
												apply to backups waiting to be 
												copied to a new medium as 
												outlined in Section 4.5.
 6.4. Accounts on the Services 
												are not permitted to utilize 
												more than 100,000 inodes at any 
												given time. One inode is 
												allocated for each file, 
												directory, or symlink on the 
												Service. Accounts in violation 
												of this section will be warned, 
												and a grace period of three days 
												will be observed. If the issue 
												is not rectified after the grace 
												period expires, the Account will 
												be suspended.
 6.5. Bandwidth is monitored, 
												regardless of the promise of 
												unlimited bandwidth included 
												with certain Services. Accounts 
												using large amounts of bandwidth 
												will be audited to ensure the 
												bandwidth is being used 
												according to the terms of this 
												agreement.
 6.5.1. Accounts using more than 
												15% of the total bandwidth of a 
												Server will be considered in 
												violation of Section 6.2.
 6.6. Any Account determined to 
												be using more than 10% of the 
												total CPU time and/or RAM of a 
												Server will be considered in 
												violation of Section 6.2.
 6.7. Any Account determined to 
												be using more than 15% of the 
												total disk space of a Server may 
												be considered to be in violation 
												of Section 6.2, regardless of if 
												the Customer is within the 
												bounds of their quota.
 6.8. Accounts responsible for 
												utilizing more than 10% of the 
												total number of active 
												connections on any Server may be 
												considered to be in violation of 
												Section 6.2.
 6.9. Email that is over 256 
												kilobytes in size may not be 
												stored on the server. Email that 
												is over said size must be 
												downloaded and removed within a 
												reasonable amount of time after 
												having been delivered. An 
												Employee may remove the email 
												after a reasonable amount of 
												time has passed.
 6.10. Email stored in the "Sent" 
												folder may not contain 
												attachments. Any email in 
												violation of this section will 
												be removed without notice.
 6.11. Connections to our POP and 
												SMTP servers are limited to five 
												active connections per IP at any 
												given time.  You are not 
												permitted to connect to the POP 
												service more frequently than 
												once every five minutes. Any 
												violation of the aforementioned 
												may be in breach of Section 6.2.
 6.12. Connections to our IMAP 
												server are limited to one active 
												connection per monitored mailbox 
												per user at any given time. Any 
												violation of the aforementioned 
												may be in break of Section 6.2.
 6.13. "Catch-all" mailbox 
												accounts that account for more 
												than 15% of the total mail 
												delivery for a particular 
												Account may be disabled without 
												notice. "Catch-all" mailbox 
												accounts that account for more 
												than 10% of the total mail 
												storage utilized by an Account 
												may be disabled without notice.
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											| Uptime Guarantee 
												
												
												7.1. PakEagle.Com promises a 
												99.5% uptime guarantee based on 
												the availability of the Services 
												your Account directly utilizes 
												over a period of 3 months.7.2. Uptime will be judged 
												solely by monitoring services 
												that PakEagle.Com directly 
												contracts or utilizes.
 7.2.1. Statistics from 
												third-party monitoring services 
												will not be honored for this 
												guarantee.
 7.3. Credits are not 
												automatically applied. If a 
												Customer wishes to challenge the 
												guarantee, a written request 
												must be submitted, and an 
												Employee will investigate the 
												claim.
 7.3.1. Should a Customer 
												successfully challenge this 
												guarantee, a credit equal to one 
												month of service for the 
												affected Account(s) will be 
												applied. A Customer is allowed 
												one credit per quarter per 
												Service.
 7.4. Customers must pro-actively 
												seek a solution, in writing, to 
												any downtime they experience to 
												be eligible for a service credit 
												when challenging this guarantee.
 7.4.1. If it is found that the 
												Customer had not contacted us 
												prior to challenging the 
												guarantee, no service credit 
												will be due.
 7.5. Customers must challenge 
												the guarantee within one month 
												of a suspected violation. 
												Customers who attempt to 
												challenge the guarantee outside 
												of this time will be due no 
												service credit.
 |  
											| Service Credits 
												
												
												8.1. Service credits may only be 
												approved by a PakEagle.Com 
												manager, and must be requested 
												and granted in writing. A 
												manager may revoke any credit 
												received outside of these 
												requirements without notice.8.2. Service credits will be 
												granted as a credit to the 
												balance of an Account held with 
												PakEagle.Com or as an extension 
												of the renewal date of a 
												Service. Service credits can 
												never be exchanged for a direct 
												refund.
 8.3. In the event an Account is 
												terminated or cancelled for any 
												reason, all service credits not 
												yet utilized on the Account are 
												considered null and void, and 
												cannot be refunded.
 8.4. Any request for a service 
												credit must be submitted, in 
												writing, within one month of the 
												incident cited as the reason for 
												credit due.
 8.5. This document will be used 
												when determining eligibility for 
												a credit. PakEagle.Com is never 
												obligated to provide a service 
												credit, unless otherwise noted 
												in these terms.
 |  
											| Public Nature of the Internet and 
											Data Integrity 
												
												
												9.1. The Internet, and 
												PakEagle.Com network, are 
												considered publically accessible 
												and should be treated as such. 
												PakEagle.Com will not be held 
												liable for any unauthorized 
												access to your data. Any data 
												that is deemed confidential, 
												classified, personal, private, 
												et al. shall not be hosted on 
												the Services.9.2. PakEagle.Com is not 
												responsible for maintaining 
												backups of any data stored on 
												the Services.
 9.3. PakEagle.Com is not liable 
												or monetarily responsible for 
												any data loss or corruption 
												under any circumstances.
 9.3.1. This includes, but is not 
												limited to, Sites that are 
												compromised, modified, or 
												changed by a Customer or third 
												party, with or without the 
												consent of the Customer, in any 
												way.
 |  
											| Abuse and Law Enforcement 
												
												
												10.1. By utilizing our Services, 
												the Customer consents to having 
												their Account monitored for 
												activity that may breach this 
												agreement. Information gathered 
												during monitoring will not be 
												used in any way other than 
												ensuring the terms set forth in 
												this agreement are upheld.10.2. It is the responsibility 
												of PakEagle.Com to comply with 
												any requests set forth by law 
												enforcement officials and courts 
												within the bounds of United 
												States federal and local laws. 
												Any actions on your Account 
												mandated by the order of a law 
												enforcement official or court 
												will be taken without notice to 
												the Customer, unless otherwise 
												instructed by the aforementioned 
												parties.
 10.3. It is the responsibility 
												of PakEagle.Com to comply with 
												properly formatted DMCA 
												complaints as set forth by The 
												Digital Millennium Copyright Act 
												of 1998. In the event we receive 
												a DMCA complaint for an Account, 
												the Account will be suspended or 
												partially suspended while we 
												work with the Customer to 
												resolve the complaint. More 
												information about The Digital 
												Millennium Copyright Act can be 
												found at: http://www.copyright.gov/legislation/dmca.pdf
 |  
											| Indemnification 
												
												
												11.1. The Customer agrees that 
												it shall defend, indemnify, save 
												and hold PakEagle.Com harmless 
												from any and all demands, 
												liabilities, losses, costs and 
												claims, including reasonable 
												attorney's fees asserted against 
												PakEagle.Com, its agents, its 
												customers, and Employees, that 
												may arise or result from any 
												service provided or performed or 
												agreed to be performed or any 
												product sold by Customer, its 
												agents, employees or assigns.11.2. Customer agrees to defend, 
												indemnify and hold harmless 
												PakEagle.Com against liabilities 
												arising out of:
 11.2.1. Any injury to person or 
												property caused by any products 
												sold or otherwise distributed in 
												connection with PakEagle.Com
 11.2.2. Any material supplied by 
												customer infringing or allegedly 
												infringing on the proprietary 
												rights of a third party
 11.2.3. Copyright infringement
 11.2.4. Any defective products 
												sold to customers from the 
												Services.
 |  
											| Arbitration 
												
												
												12.1. By using any Services, you 
												agree to submit to binding 
												arbitration. If any disputes or 
												claims arise against 
												PakEagle.Com or its agents or 
												Employees, an arbitrator of 
												PakEagle.Com’s choice will 
												handle such disputes. An 
												arbitrator from the American 
												Arbitration Association will be 
												selected in the state of New 
												York. Arbitrators shall be 
												attorneys or retired judges and 
												shall be selected pursuant to 
												the applicable rules. All 
												decisions rendered by the 
												arbitrator will be binding and 
												final. The arbitrator's award is 
												final and binding on all 
												parties. The Federal Arbitration 
												Act, and not any state 
												arbitration law, governs all 
												arbitration under this 
												Arbitration section. You are 
												also responsible for any and all 
												costs related to such 
												arbitration. |  
											| Disclaimer 
												
												
												13.1. PakEagle.Com is not liable 
												for any damages or losses a 
												Customer or the business of a 
												Customer may suffer. 
												PakEagle.Com makes no expressed 
												or implied warranties of any 
												kind. PakEagle.Com disclaims any 
												warranty or merchantability for 
												any particular purpose or 
												service. This includes the terms 
												of set forth by this document. |  
											| Be Alert !
 This website is owned and 
											operated by Pak Eagle Technologies, 
											Pakistan. Visitors to this website 
											are bound by the following terms and 
											conditions. For the purposes of 
											these terms and conditions, "this 
											website" refers to www.pakeagle.com, 
											which links to various other related 
											websites.
 Other related websites may contain 
											terms and conditions which are 
											different from these terms and 
											conditions. On your journey around 
											the related websites please check 
											the terms and conditions of each 
											website, and do not assume that 
											these terms and conditions apply to 
											all related websites.
 Disclaimer
 This website may include links to 
											external websites. When you follow 
											such links the external website may 
											appear as a full screen (in which 
											case you will need to use the back 
											button on your browser to return to 
											this website). These links are 
											provided in order to help you find 
											relevant websites, information which 
											may be of interest to you quickly 
											and easily.
 The intellectual property rights, 
											copyright and company trade secrets 
											of Pak Eagle vested in all software 
											products, upgrades, dual-media 
											software, hard-copy or electronic 
											manuals and documentation are vested 
											in SSW, which reserves the right to 
											use the software or material, or any 
											part of it in other applications and 
											for its own use.
 Terms & Conditions
 This website contains material 
											including text, photographs and 
											other images and sound, which are 
											protected by copyright and/or other 
											intellectual property rights. All 
											copyright and other intellectual 
											property rights in this material are 
											either owned by Pak Eagle, and have 
											been licensed to them by the owner 
											of those rights so that it can use 
											this material as part of this 
											website.
 You may:
 Access any part of the website;
 Print off one copy of any or all of 
											the pages for your own personal 
											reference.
 You may not:
 Copy (whether by printing off onto 
											paper, storing on disk, downloading 
											or in any other way), distribute 
											(including distributing copies), 
											broadcast, alter or tamper with in 
											any way or otherwise use any 
											material contained in the website 
											except as set out under "You may". 
											These restrictions apply in relation 
											to all or part of the material on 
											the website;
 Remove any copyright, trade mark or 
											other intellectual property notices 
											contained in the original material 
											from any material copied or printed 
											off from the website;
 Link to this website:
 ... without our express written 
											consent.
 If you wish to provide a hypertext 
											or other link to this website, you 
											are free for it, but please send 
											these details to website 
											administrator
 The URL(s) of the web page(s) from 
											which you are proposing to link to 
											this website
 The URL(s) of the web page(s) on 
											this website to which you are 
											proposing to link
 
 Changes In Terms & Conditions
 Pak Eagle may change the terms and 
											conditions and disclaimer set out 
											above from time to time. By browsing 
											this website you are accepting that 
											you are bound by the current terms 
											and conditions and disclaimer and so 
											you should check these each time you 
											revisit the site.
 Complaints
 If you have a question or complaint 
											about this website, please contact 
											the Support Department
 Credit Card Details
 Pak Eagle retains the right to store 
											credit card details on file.
 
 Deadlines
 Pak Eagle may choose to estimate the 
											completion date of a project. While 
											we will endeavor to meet all 
											deadlines, we do not offer any 
											guarantees, and Pak Eagle is not 
											liable for losses suffered due to a 
											project being completed after the 
											estimated completion date
 .
 Equipment
 Pak Eagle is not liable for any 
											equipment failures be it customer's 
											equipment or equipment on the client 
											site.
 
 Viruses
 While Pak Eagle endeavors to have 
											all its hardware virus-free, the 
											Client is expected to have current 
											virus protection, and Pak Eagle is 
											not liable for any accidental 
											infection of client hardware.
 Cancellations by Client
 If any hourly job is cancelled by 
											the client after commencement, Pak 
											Eagle will charge for all hours up 
											to that point in time. If an hourly 
											job is cancelled by the client, any 
											pre-paid work not fully completed 
											will not be refunded; however the 
											remaining balance will be credited 
											to the clients account for future 
											utilization. If any fixed price job 
											is cancelled by the client, Pak 
											Eagle will retain the initial fifty 
											percent of pre-paid value. Any 
											further hours completed will be 
											charged to the client as a 
											proportion of the quoted price based 
											on hours completed to that point in 
											time.
 This contract is governed by the 
											laws of NSW, Australia. The 
											operation of the postal acceptance 
											rule is expressly excluded. The 
											terms and conditions contained on 
											this document supersede any previous 
											terms and conditions.
 
 Limited Liability
 In no event shall Pak Eagle or its 
											suppliers be liable for any 
											accidental, consequential, 
											incidental or indirect damages of 
											any kind (including without 
											limitation, damages for loss of 
											business profits, business 
											interruption, loss of business 
											information, or other pecuniary 
											loss) arising out of the use or of 
											the inability to use the software. 
											In no event shall Pak Eagle 
											liability for any claims whether in 
											contract, tort or other theory of 
											liability exceed the purchase price 
											of the subject products or services, 
											unless such limitation of liability 
											is otherwise prohibited by law
 
 Development Work Credit
 In the event Pak Eagle performs web 
											development services, the Client 
											acknowledges and will ensure that: 
											(a) Pak Eagle receives a permanent 
											credit on the Site (including, 
											without limitation, any alteration, 
											modification or subsequent use of 
											the Site) which acknowledges Pak 
											Eagle as the developer of the Site; 
											Unless otherwise agreed in writing 
											credit shall be "Proudly developed 
											by Pak Eagle Sydney Web Design" in a 
											suitable position of each page of 
											the Site. This text will provide a 
											permanent link to www.pakeagle.com; 
											(b) Pak Eagle may claim credit in 
											its own promotional material for the 
											development of the Site; and (c) the 
											Client will remove the credit within 
											24 hours of receiving a notice from 
											Pak Eagle to do so. In the event Pak 
											Eagle performs web or other software 
											development services, Pak Eagle 
											reserves the right to develop and 
											publish a case study on the work 
											performed.
 
 Hourly Work
 Unless specified otherwise in 
											writing this contract authorizes Pak 
											Eagle to undertake work on an 
											hourly-rate basis. Pak Eagle may 
											provide an estimated time to 
											complete this work. Such estimates 
											are not binding and all hours 
											designated as performed will be 
											charged at the rates set out or 
											otherwise agreed. In an hourly work 
											agreement, the initial meeting with 
											the customer will be conducted by 
											Pak Eagle at no cost. Any subsequent 
											work will be charged at the rates 
											set out or otherwise agreed. The 
											minimum time chargeable for on-site 
											work is 2 (two) hours per person per 
											visit. The minimum time chargeable 
											for off-site work is 15 (fifteen) 
											minutes per person per request.
 
 Pre-Paid Work
 Pak Eagle may offer a more 
											competitive rate to those clients 
											pre-paying time in blocks of 40 
											hours per person on the project. 
											Pre-paid rates become effective upon 
											the day of payment. Rates revert to 
											standard if pre-payment is not made 
											prior to work commencing, or not so 
											made for second or subsequent 
											prepaid invoices in respect of work 
											past the previously prepaid work. We 
											recommend that you process payment 
											within 24 hours of receiving a new 
											invoice to ensure that the prepaid 
											discount is maintained. Unused 
											prepaid credit expires 12 months 
											from the date of issue of the 
											invoice. No refund will be made for 
											unused prepaid credit.
 
 Fixed Price Work
 Pak Eagle may agree to perform 
											certain work or provide a software 
											product for a fixed price in 
											accordance with an agreed 
											specification. In this case, the 
											specification is binding and 
											additional or previously unspecified 
											work will be to the customer's 
											account. A fifty percent payment is 
											required prior to commencement, and 
											the balance payable upon delivery of 
											the software for User Acceptance 
											Testing. Pak Eagle conducts all 
											development and testing in an 
											environment with a default 
											configuration. Delays resulting in 
											any deployment problems caused by 
											custom software, hardware or 
											settings on the clients servers are 
											not covered in a fixed-price 
											contract.
 
 Requests for Work
 Work requested by the Client 
											(including employees or 
											representatives of the Client), in 
											written, electronic, or verbal form, 
											is authorized by the Client. The 
											Client may choose to work through a 
											"Company-Champion." If so, the 
											Client must inform Pak Eagle of this 
											decision in writing. Subsequent to 
											this advice the Company Champion has 
											sole authority to request billable 
											work. All requests that the company 
											champion is CC'd on are considered 
											authorized.
 
 Uninvited Solicitation
 Direct or uninvited solicitation of 
											an Pak Eagle employee by the client 
											is prohibited unless authorized in 
											writing by Pak Eagle. The client 
											warrants that will the client 
											solicit the employee, thereby 
											breaching the prohibition, the 
											client will pay damages to Pak Eagle 
											of an amount proportionate to 21% +GST 
											of the total remuneration package 
											offered to the employee plus 
											liquidated damages of 4 (four) weeks 
											pay +GST of the total remuneration 
											package.
 
 Warranty
 A 30 day warranty begins upon 
											delivery of any fixed price job. No 
											warranty applies to work done on an 
											hourly basis, this includes bug 
											fixing. Pak Eagle and its suppliers 
											disclaim all other warranties, 
											either express or implied, 
											including, but not limited to 
											implied warranties or 
											merchantability and fitness for a 
											particular purpose, with regard to 
											the software, the accompanying 
											written materials, and any 
											accompanying hardware.
 
 Support Contract
 Pak Eagle offers support contracts.
 For more information, see Pak Eagle 
											Website.
 
 Bugs
 A reproducible coding error that 
											causes an unexpected defect, fault, 
											flaw, or imperfection in a computer 
											program. In other words, if any Pak 
											Eagle software does not perform as 
											the developers intended, it is most 
											likely a bug. - Any unspecified 
											feature or modification is not a 
											bug, and will be reviewed for 
											addition to a future release at the 
											developer's discretion.
 For more information, see What is/is 
											not a "Bug?"
 
 Source Code Ownership
 The Client is granted a non 
											exclusive, transferable, perpetual 
											Pakistan right and license to use, 
											deploy and modify the software 
											within the Client's group of 
											companies for the Client's own 
											internal purposes. Pak Eagle 
											reserves the right to use generic 
											code from other projects as part of 
											the Client's project. Pak Eagle 
											reserves the right to use generic 
											code from the Client's project in 
											future projects. Some projects 
											contain Pak Eagle Framework code 
											that is common to other projects.
 Fixed Price Work
 Pak Eagle may agree to perform 
											certain work or provide a software 
											product for a fixed price in 
											accordance with an agreed 
											specification. In this case, the 
											specification is binding and 
											additional or previously unspecified 
											work will be to the customer's 
											account. A fifty percent payment is 
											required prior to commencement, and 
											the balance payable upon delivery of 
											the software for User Acceptance 
											Testing. Pak Eagle conducts all 
											development and testing in an 
											environment with a default 
											configuration. Delays resulting in 
											any deployment problems caused by 
											custom software, hardware or 
											settings on the clients servers are 
											not covered in a fixed-price 
											contract.
 Jurisdiction
 These terms and conditions are 
											governed by and to be interpreted in 
											accordance with relevant Indian 
											laws, both substantive and 
											procedural. In the event of any 
											dispute arising in relation to these 
											terms and conditions or any dispute 
											arising in relation to the website 
											whether in contract or tort or 
											otherwise the Pakistan courts will 
											have exclusive jurisdiction over 
											such dispute.
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