CUSTOMER acknowledges that the Services are provided "as is." Neither WinWebHosting, nor any of its employees, affiliates or agents, warrants that the services will be uninterrupted, error free or free from viruses or other harmful components.

WinWebHosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WinWebHosting policy or applicable law.

When WinWebHosting becomes legally aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other appropriate measures.

CUSTOMER agrees defend, hold harmless and indemnify WinWebHosting and its affiliates, officers, partners, agents and employees from all claims, demands, actions, damages, judgments, expenses, costs (including reasonable attorney's fees), and liabilities arising out of CUSTOMER's access to or use of the service. Neither WinWebHosting nor CUSTOMER shall be held liable to each other for any indirect, incidental, consequential, exemplary, reliance or special damages, including damages for lost profits, regardless of the form of action, whether in contract, indemnity, warranty, strict liability, or tort, including negligence of any kind with regard to any conduct under this Agreement. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the USA and the country of residence of CUSTOMER.