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VIII. Termination
 
 
1.

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by e-mail, postal or fax transmission. Spirit Hosting reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Spirit Hosting may terminate service under this Agreement at any time, without penalty or issuing of a refund, if the Client fails to comply with the terms of this Agreement.
 
2. At any time Spirit Hosting believes that the service is being utilized by client causes any kind of network or server problem or disturbance, Spirit Hosting may immediately terminate service without liability and without refund.

 
  IX. Limited Liability  
 
1.

 

Client expressly agrees that use of Spirit Hosting's Server is at Client's sole risk. Neither Spirit Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Spirit Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Spirit Hosting Server service, unless otherwise expressly stated in this Agreement.
 
2. Under no circumstances, including negligence, shall Spirit Hosting, its offices, agents or any one else involved in creating, producing or distributing Spirit Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Spirit Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Spirit Hosting's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Spirit Hosting's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.