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complying with such laws, assessments, taxes, and tariffs, and will hold harmless, protect, and defend Interlink
<br />and its subcontractors from any claim, suit, penalty, assessment, tax, or tariff arising from the Client's exercise
<br />of internet electronic commerce.
<br />Client agrees that if Client is utilizing any of Interlink's email Hosting Services, Client shall abide by industry
<br />standards regarding unsolicited email ("spam") including: (1) all unsolicited email must include unsubscribe
<br />instructions, (2) unsubscribe requests must be acknowledged and processed within 24 hours or before the next
<br />email distribution. Interlink retains the right to terminate Services to any client found to engage in abusive or
<br />deceptive email marketing practices, and Interlink reserves the right to reject distribution of any email content
<br />for any reason, including, but not limited to, excessive message size, inappropriate content, or improper use of
<br />addressee information. Client's failure to comply with this section shall constitute a material breach of the terms
<br />of this Agreement and shall result in forfeiture of Service Fees paid through such date.
<br />I. Client certifies that it complies will all of the regulations in the CAN-SPAM ACT of 2003 and any amendments
<br />thereto and agrees to Indemnify and hold Interlink harmless and to defend Interlink from any and all claims,
<br />losses, liabilities, and damages, including reasonable attorney's fees, resulting from violations or potential
<br />violations of the CAN-SPAM ACT of 2003, connected with the services provided under this Agreement.
<br />J. Client agrees that Interlink shall not be held liable for any accidental misstatement due to typographical error,
<br />omission, or inclusion of published information. In the event of such error, the sole remedy shall be the
<br />correction of the error and publication thereof on the original web document. Client understands and agrees
<br />that Interlink makes no warranty, express or implied, regarding service availability and cannot be held liable for
<br />loss of service, loss of business, or any other contingent loss arising from any internet service outage or
<br />information access by outside parties and cannot be held liable for any losses or damages resulting from outside
<br />access to databases, program code, or other proprietary information residing on any server connected to the
<br />internet via Interlink network or internet services. The Client agrees to be solely responsible for any legal liability
<br />arising out of, or relating to, any material to which users can view or link to through the Client's website. The
<br />Client represents and warrants that the material or services promoted in the Client's website and any links that
<br />it contains comply with Interlink standards and that it holds the necessary rights to permit the use of the
<br />materials and links by Interlink for the purpose of this Agreement, and that the use, reproduction, distribution,
<br />or transmission of any of the material contained in the Client's website will not violate any criminal laws or any
<br />rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of
<br />any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false
<br />advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-
<br />discrimination law or regulation, or any other right of any person or entity. The Client agrees to indemnify
<br />Interlink and to hold Interlink harmless from any and all liability, loss, damages, claims, or causes of action,
<br />including reasonable legal fees and expenses that may be incurred by Interlink, arising out of or related to the
<br />Client's breach of any of the foregoing. The Client agrees that Interlink shall not perform back up or restore
<br />data upon Client's request unless Client purchases back up services as set forth specifically on the Project
<br />Description Sheet.
<br />5. INTERLINK REPRESENTATIONS WARRANTIES AND AGREEMENTS
<br />A. Interlink warrants to Client that Interlink has the right and authority to enter into and perform its obligations
<br />under this Agreement.
<br />B. Interlink warrants that its Custom Programming does not infringe or violate any copyrights, trademarks,
<br />patents, trade secrets, privacy rights, or other rights (intellectual or otherwise) of any third party.
<br />C. Interlink warrants to the Client that the Services shall conform substantially to the specifications set forth in the
<br />Project Description Sheet. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT
<br />INTERLINK'S SOLE LIABILITY, AND CLIENT'S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT, WILL
<br />BE INTERLINK'S USE OF REASONABLE EFFORTS TO CAUSE THE SERVICES TO CONFORM TO THE
<br />SPECIFICATIONS OR, IN INTERLINK'S SOLE DISCRETION, TO REFUND THE PORTION OF THE SERVICE FEES
<br />APPLICABLE TO THE PORTION OF THE SERVICES WHICH DO NOT CONFORM TO THE SPECIFICATIONS. EXCEPT
<br />AS EXPRESSLY STATED HEREIN, INTERLINK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
<br />INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
<br />PARTICULAR PURPOSE, CONCERNING THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT.
<br />G, LIMITATION OF WARRANTIES
<br />THERE ARE NO WARRANTIES UNDER THIS AGREEMENT EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY
<br />SET FORTH HEREIN. THE PARTIES SPECIFICALLY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING
<br />THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
<br />SHALL INTERLINK BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
<br />CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING
<br />OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT, AND/OR ITS SUBJECT MATTER, WHETHER SUCH
<br />LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF INTERLINK HAS BEEN
<br />
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