WEBSITE ANIMAL TERMS AND CONDITIONS

Terms and Conditions

1. Acceptance of Terms

   Website Animal is provided by Website Animal, who provides its services to you, subject to the following Terms and Conditions ("TACS"), which may be updated by us from time to time without notice to you.

   In addition, when using particular Website Animal software, services, or other items provided by Website Animal, you will be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS.

   Website Animal contains a large number of images, artwork and other data some of which is on license from its copyright owners. You are not permitted to download or use any widgets or other material from Website Animal or use such material other than for display on Website Animal.

   The nature of Website Animal's database driven technology means that it is physically impossible for you to own a copy of your Website Animal site. If our business changes, or for any other reason we cannot continue to host your site, you will lose it. You agree not to hold Website Animal liable and Website Animal accepts no liability in respect of, the loss of all data relating to your site. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto Website Animal.

   PLEASE NOTE: All minors are recommended to consult with their Parents/guardians in respect of these TACS before using Website Animal.

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2. Description of Service

   Website Animal currently provides or allows browsing and/or access to a large number of on-line services and resources (such as discussion forums, bulletin board services, chat areas and other communities and/or communication facilities ("Service"), including a host of tools enabling you to become a member of Website Animal ("Member"), to create your own Web site hosted on Website Animal ("Member Site") and to administer such a Member Site as a leader ("Site Leader") through Website Animal (all such security and design features, tools, or any components thereof contained within Website Animal and any Member Site being known as Website Animal). Unless explicitly stated otherwise, any new features that augment or enhance Website Animal, including the release of new services, software tools or resources, shall be subject to the TACS. We may add, delete or change some or all of the services provided as part of Website Animal at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of Website Animal, a Member, a Site Leader or other user.

   PLEASE NOTE: Some of the sites hosted on Website Animal contain adult or mature content. You must be at least 18 years of age to view such areas.

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3. Subscription, Cancellation and Refunds

   Website Animal uses Authorize.net, to process its Website Animal subscription transactions via credit/debit card. Upon subscription by this method you will be authorizing both an immediate payment and a repeat payment that will be taken regularly in the future on at a frequency chosen by you during the payment steps using the card details you submit.

   You can cancel your subscription at any time. Please note that should you cancel your subscription your site(s) will remain accessible until your subscription ends, upon which time your site(s) will be locked, i.e. become inaccessible. We will hold on to your site for 30 days, after which the site and all its contents will be deleted. Please note that deleting your sites does not cancel your subscription - you need to explicitly cancel the subscription through the Manage your Site, Admin, Cancel Subscription or by contacting customer service at billing@websiteanimal.com. Both Website Animal and Authorize.net can take no responsibility for additional funds taken from your card unless you explicitly cancel subscription agreement and receive confirmation that this has taken place.

   Refunds are only provided at the discretion of Website Animal. If for any reason you wish to apply for a refund, please email us at billing@websiteanimal.com

   If your account is terminated as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.

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4. Registration

   By completing the registration process, either as a Site Leader or as a Member of Website Animal, you are stating that you agree to be bound by all of these TACS.

   In consideration of your use of Website Animal, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website Animal registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Website Animal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Website Animal (or any portion thereof).

   You will create a password and receive account designation upon completing the Website Animal registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Website Animal of any unauthorized use of your password or account or any other breach of security. Website Animal cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

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5. Website Animal Partners

   Website Animal may from time to time distribute Website Animal through approved Partners. Members who build Member Sites through Partner versions of Website Animal will continue to be bound by these terms and conditions.

   In addition Partners may offer additional Partner Services as part of their Website Animal offering including Partner URLs. Website Animal will not be liable for any withdrawal of additional Partner services including Partner URLs. Website Animal at its sole discretion may offer an alternative URL to Site Leaders in event of withdrawal of Partner URLs.

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6. Code of Conduct

   You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Website Animal, are entirely responsible for all content that you upload, post, email or otherwise transmit via Website Animal.

   Website Animal does not control the content posted via Website Animal and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Website Animal be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Website Animal.

   You agree not to use the Website Animal to:

   (a) Upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;

   (b) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

   (c) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;

   (d) Harm minors in any way;

   (e) Create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content;

   (f) Impersonate any person or entity, including, but not limited to, a Website Animal official, Site Leader, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

   (g) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Website Anima

   (h) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Website Animal that are designated for such purpose;

   (i) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

   (j) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Website Animal are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

   (k) Interfere with or disrupt Website Animal or servers or networks connected to the Website Animal, or infringe any requirements, procedures, policies or regulations of networks connected to Website Animal, or interfering with another user's use and enjoyment of Website Animal, including but not limited to (i) transmitting any material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorized access to Website Animal, other's accounts on Website Animal, or private mailing lists on Website Animal through password mining or any other means;

   (l) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, US or UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;

   (m) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

   (n) Collect, store, or distribute personal data about other users without their consent;

   (o) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites;

   (p) Violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or

   (q) Engage in commercial activities that are deemed inappropriate on Website Animal. As such Website Animal has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.

    

   In addition Website Animal in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Website Animal.

   Any correspondence or business dealings with, or participation in activities found on or through Website Animal, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that Website Animal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Website Animal.

   Website Animal also have the right at any time to change their terms regarding commercial arrangements at any time without to prior notice.

   It should be noted that the use of any payment mechanisms, other than those endorsed by Website Animal are the sole responsibility of the site leader and Website Animal can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters

   You acknowledge that Website Animal does not pre-screen content, but that it has the right (but not the obligation) in their sole discretion to refuse or move any content that is available via Website Animal. Without limiting the foregoing, Website Animal shall have the right to remove any content that violates the TACS or which is otherwise in our opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on Website Animal or submitted to Website Animal including without limitation information in Website Animal discussion forums, bulletin boards, chat areas, news groups message boards, forums, and in all other parts of Website Animal. Website Animal will have no liability or responsibility for performance or non-performance of such activities. Website Animal reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.

   You acknowledge and agree that Website Animal may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Website Animal, Website Animal, its users and the public.

   You understand that the technical processing and transmission of Website Animal, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

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7. Proprietary Rights and Licenses

   You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Website Animal or information presented through Website Animal by Website Animal or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that Website Animal can display images and text throughout Website Animal, including the insertion of sponsor messages into messages distributed on Website Animal mailing lists. If you create a Member Site, you agree to display prominently on your home page or equivalent and in such other parts of the Member Site as Website Animal may require the Website Animal name and logo. Content received through Website Animal may be displayed, reformatted, and printed by you for your personal, non-commercial use only. Website Animal grants you a personal, non-transferable and non-exclusive right and license to use the trademark Website Animal and you undertake that upon termination of your use of Website Animal (including if you decide to move to another host) all such rights in the trademark and all other rights granted to you hereunder will cease forthwith.

   You acknowledge and agree that Website Animal owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of Website Animal, the Website Animal software, any Website Animal content and any data generated by Members.

   Except as expressly authorized by Website Animal or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from Website Animal, in whole or in part.

   Website Animal grants you a personal, non-transferable and non-exclusive right and license to use the object code of Website Animal on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right from Website Animal. You agree not to modify the Website Animal software in any manner or form, or to use modified versions of the Website Animal software, including (without limitation) for the purpose of obtaining unauthorized access to Website Animal. You agree not to access the Website Animal by any means other than through the interface that is provided by for use in accessing the Website Animal. Upon termination of your use of Website Animal, the license to use the Website Animal shall cease forthwith.

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8. Advertisements and Promotions

   Website Animal may run advertisements and promotions. By creating your Member Site, you agree that Website Animal has the right to run such advertisements and promotions, within the area of the site designated on Website Animal for that purpose. The manner, mode and extent of advertising on Website Animal and your site are subject to change without notice.

   Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Website Animal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Website Animal.

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9. External links

   Website Animal may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by Website Animal of the contents on such third-party web sites. As Website Animal has no control over such sites and resources, you acknowledge and agree that Website Animal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Website Animal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.

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10. External links

    Website Animal may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by Website Animal of the contents on such third-party web sites. As Website Animal has no control over such sites and resources, you acknowledge and agree that Website Animal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Website Animal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.

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11. External links

    Disclaimer of warranties

    You expressly understand and agree that:

    a) Your use of Website Animal is at your sole risk. Website Animal is provided on an "as is" and "as available" basis and Website Animal and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Website Animal and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

    (b) Website Animal is not responsible for the content of Member Sites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Website Animal.

    (c) Website Animal makes no warranty that (i) Website Animal will meet your requirements, (ii) that Website Animal will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Website Animal will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Website Animal will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.

    (d) Any material downloaded or otherwise obtained through the use of Website Animal is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

    (e) No advice or information, whether oral or written, obtained by you from Website Animal or through or from Website Animal shall create any warranty not expressly stated in the TACS.

    (f) Website Animal makes no warranty that any URL in the form sitename.partner.com obtained by building a Website Animal site though a partner of Website Animal will be available for use at any future date. In the event of a partner URL being withdrawn Website Animal will offer an alternative URL in the form sitename.alternativeurl.com, where the alternative url is the sole discretion of Website Animal.

    Third parties provide much of the material on Website Animal and Website Animal shall not be held responsible for any such third party material.

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12. Indemnity

    You agree to defend, indemnify, and hold harmless Website Animal its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including Website Animal software, service, your connection to Website Animal or your breach of the terms of these TACS. Website Animal shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

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13. No Resale of Website Animal

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Website Animal, use of Website Animal, or access to Website Animal, without the express permission of Website Animal by separate agreement.

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14. Limitation of Liability

    You expressly understand and agree that Website Animal shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Website Animal has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Website Animal; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Website Animal; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Website Animal.

    In no event will Website Animal's liability arising out of or in respect of these TACS exceed $250

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Section 12 may not apply to you.

    Site Leader's proprietary rights: You agree that upon posting any material within a group open to the public on Website Animal, you grant Website Animal and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You further agree that upon posting any material within a private, members-only group on Website Animal, or upon establishing a Member Site, you grant Website Animal, and its successors and assigns, a non-exclusive world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant Website Animal the right to authorize the downloading and printing in whole or in part of any material that you have posted to a group on Website Animal, by end-users for their personal use.

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15. Modifications to the TACS or to the Website Animal

    Website Animal reserves the right to change the TACS at any time without notice. Website Animal also reserves the right at any time and from time to time to modify or discontinue Website Animal temporarily or permanently, with or without notice to you. You agree that Website Animal shall not be liable to you or any third party for any modification, suspension or discontinuance of Website Animal.

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16. Uses and Storage

    You acknowledge that Website Animal may establish general practices and limits concerning use of Website Animal, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by Website Animal, the maximum number of email messages that may be sent from or received by an account on Website Animal, the maximum size of any email message that may be sent from or received by an account on Website Animal, the maximum disk space that will be allotted on Website Animal’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Website Animal in a given period of time. You agree that Website Animal has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Website Animal. You acknowledge that Website Animal reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that Website Animal reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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17. Termination

    You agree that Website Animal, in its sole discretion, may terminate your password, account (or any part thereof) or use of Website Animal, and remove and archive or discard any content within Website Animal, including any Member Site for any reason, including, without limitation, for lack of use or if Website Animal believes that you have violated or acted inconsistently with the letter or spirit of the TACS. Website Animal may also in its sole discretion and at any time discontinue providing Website Animal, or any part thereof, with or without notice. You agree that any termination of your access to Website Animal under any provision of these TACS may be effected without prior notice, and acknowledge and agree that Website Animal may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or Website Animal. Further, you agree that Website Animal shall not be liable to you or any third-party for any termination of your access to Website Animal.

    If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.

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18. Trademark Information

    Website Animal, the Website Animal logo and other Website Animal logos and product and service names are trademarks of Website Animal (the "Website Animal Marks"). Without Website Animal’s prior permission, you agree not to display or use in any manner, the Website Animal Marks.

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19. General

    The TACS constitute the entire agreement between you and Website Animal and Website Animal (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Website Animal services, third-party content or third-party software.

    Website Animal makes no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United States. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access a Member Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

    Website Animal is headquartered in Scottsdale Arizona. All legal issues arising from or related to the use of Website Animal shall be construed in accordance with and determined by the laws of Arizona. By using Website Animal, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Website Animal are the Arizona courts. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

    If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.

    Should you find any content or otherwise that you feel breaches the TACs outlined, please email us at billing@websiteanimal.com providing the site URL and details of the complaint. We will investigate immediately and inform you by email of the outcome. Note: your details will not be given to the Site Leader in question.

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Website Animal™ is a trademark of Website Animal in the United States and/or other countries.

Copyright 2006 Website Animal, All rights reserved.