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1. General.
1.1 This Agreement governs your use of this web site and its
associated services (the "Web Service"), including interactive chat
and forum discussion areas (the "Interactive Areas"), which are
owned and operated by Bailey Mountain Welsh Terriers and its
subsidiaries, affiliates, divisions and related companies ("BMWT").
1.2 BMWT reserves the right, in its discretion, to change or modify
all or any part of this Agreement at any time, effective immediately
upon notice published on the Web Service. Your use of the Web
Service constitutes your binding acceptance of these terms and
conditions, including any changes or modifications made by BMWT as
permitted above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should immediately
cease use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information,
software, photographs, audio and video clips, graphics, links and
other material that are protected by copyright, trademark or other
proprietary rights of BMWT or third parties, including but not
limited to product names, logos, designs, titles, and words or
phrases which may be registered in certain jurisdictions
(collectively, the "Content"). You agree to comply with any
additional copyright notices, information, or restrictions contained
in any Content available on or accessed through the Web Service.
Users of the Web Service may use the Content only for their
personal, noncommercial use. Users of the Web Service wanting to use
the content for commercial use must obtain prior express written
permission of BMWT.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the content, in whole or in
part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be
reverse-engineered unless specifically authorized by the owner of
the software’s patent and or copyright. Subject to the provisions of
this Agreement, you may post on the Web Service any content owned by
you (such as your original statements), content for which you have
received express permission from the owner, and content in the
public domain. You assume all right and responsibility for
determining whether any content is in the public domain. You grant
to BMWT the right to edit, copy, publish, distribute, translate and
otherwise use in any medium and for any purpose any content that you
place on the Web Service without compensation to you. You represent
and warrant that you are authorized to grant all rights set forth in
the preceding sentence.
2.3 You may not download content on this web site that is indicated
to be for sale except under the terms of the sale. Such content is
the protected and copyrightable property of BMWT. "Free" content may
be downloaded for your personal use or noncommercial distribution
consistent with the terms defined in this Agreement. When using both
purchased and "free" content, you will maintain and include all
copyright and other notices contained in such content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any content is permitted without
the express permission of BMWT or the owners of such content or
their authorized persons if other than BMWT.
3. Rules of Conduct. You shall not post on the Web Service any
content which (a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening; (b) contains viruses or other
contaminating or destructive features; (c) violates the rights of
others, such as content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity;
or (d) otherwise violates any applicable law or reputation. You may
not post on the Web Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Web Service
for any commercial purpose not expressly approved by BMWT, nor shall
you distribute any advertising or solicitation of funds or goods and
services or solicit users to join competitive online services.
4. Managing Content. BMWT does not and cannot review the content
posted by users on the Web Service and is not responsible for such
content. However, BMWT reserves the right to delete, move or edit
any content (including content posted in any Interactive Area) that
it may determine, in its sole discretion, violates or may violate
this Agreement or is otherwise unacceptable. You shall remain solely
responsible for all content posted by you. BMWT shall have the right
but not the obligation, to correct any errors or omissions in any
content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 BMWT does not represent or endorse the accuracy or reliability
of any content posted on any Interactive Area and you acknowledge
that any reliance upon such content shall be at your sole risk. Any
content placed on any Interactive Area by users are the views of the
user posting the statement, and do not represent the views of BMWT
or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet,
which are owned and operated by third parties (the "External
Sites"). You acknowledge that BMWT is not responsible for the
availability of, or the content located on or through any External
Site. You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such links
or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold BMWT and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "BMWT
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys’ fees) incurred by
any BMWT Party in connection with any use or alleged use of the
service under your user name by any person, whether or not
authorized by you. BMWT reserves the right, at your expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with BMWT’s defense of such claim.
7. Termination of Service. BMWT reserves the right, in its sole
discretion, to restrict, suspend or terminate your access to all or
any part of the Web Service, including the Interactive Areas, at any
time for any reason without prior notice or liability. BMWT may
change, suspend or discontinue all or any aspect of the Web Service
at any time, including the availability of any feature, database, or
Content (including the Interactive Areas), without prior notice or
liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER BMWT NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES BMWT, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT.
THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS. NEITHER BMWT, THIRD PARTY CONTENT PROVIDERS, NOR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR
ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER BMWT
NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER BMWT NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR
AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF BMWT, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
9. INVESTOR INFORMATION. Investor relations materials on this web
site are provided for convenience only, and speak only as of their
original date or the date specified therein. Available information
may change at any time and may not be reflected on this web site.
BMWT disclaims any responsibility to update this web site.
10. FORWARD-LOOKING STATEMENTS. The statements contained in this
site and other materials accessible through these pages that are not
historical in nature are forward- looking statements that involve
risks and uncertainties. Although management of BMWT believes that
its expectations are based upon reasonable assumptions within the
bounds of its knowledge of BMWT's business, there can be no
assurance that the Company's financial goals will be realized.
Numerous factors may affect the Company's actual results and may
cause results to differ materially from those expressed in
forward-looking statements made by or on behalf of the Company.
Factors that could cause actual results to differ materially include
fluctuations in advertising revenue with general economic cycles;
management's ability to identify, finance, complete and integrate
acquisitions; the performance of Internet/Broadband trade shows and
conferences; the seasonality of revenue from publishing and trade
shows and conferences; the success of new products; increases in
paper and postage cost; the infringement or invalidation of BMWT's
intellectual property rights; and the factors listed from time to
time in BMWT's reports filed with the Securities and Exchange
Commission. BMWT does not undertake any obligation to publicly
update or revise any forward-looking statements in this site whether
as a result of new information, future events or otherwise.
11. MISCELLANEOUS. This Agreement shall be construed in accordance
with the laws of the State of North Carolina, and the parties
irrevocably consent to bring any action to enforce this Agreement in
the federal or state courts located in Madison County in the State
of North Carolina. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the
parties with respect to such subject matter. All provisions hereof
shall survive any termination of this Agreement as well as any other
revisions which by their terms or sense are intended to survive.

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