This Agreement, between you and Howling Dynamo, Inc. (the "COMPANY"), grants you the use of the service subject to the following terms and conditions. Your creation of an account or use of the service is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not create an account or use the service.
COMPANY may, from time to time, amend this Agreement without notice to you. The current version of this Agreement can always be found at https://secure.hdyn.com/?d0=eula.
You agree to use the service only in accordance with all local, state, federal, and international laws to which you may be subject; you agree not to take actions that result in the service sending emails to mail accounts not controlled by you; you agree not to interfere with the operation of COMPANY's servers or networks, or to impair the availability, reliability, or quality of service for other customers; and you agree that COMPANY may terminate your use of the service at any time, without notice, for any reason, or for no reason at all.
Limitation of Warranty and Liability:
The service is provided "as is", without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or noninfringement. In no event shall COMPANY or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, or loss of business information, arising out of your use of or inability to use the service, even if COMPANY has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions COMPANY's liability shall be limited to the extent permitted by law. No agent or employee of COMPANY is authorized to make any modifications, extensions, or additions to this warranty.
You agree to indemnify, defend, and hold harmless COMPANY from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service.
Governing Law and Jurisdiction:
This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New Mexico and the United States of America. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Rio Arriba, New Mexico in connection with any dispute relating to this Agreement or your use of the service.
If any portion of this Agreement is determined to be invalid or unenforceable, that portion shall be reformed only to the extent necessary to make it enforceable, and the remaining portions shall remain in full force and effect.
Last updated: September 20, 2014