SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

Through its Art-Havana.com™ (the "Services") Art-Havana provides web site operators a variety of tools and resources to collect visitor's information and manage their requests. The following are the terms and conditions for use of the Services. By navigating throughout this Site you tacitly accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Art-Havana.com, and any guidelines, rules or operating policies that Art-Havana.com may establish and post from time to time (the "Agreement"), including without limitation Art-Havana.com’s privacy policy as published at the Art-Havana.com web site at http://www.Art-Havana.com/legal/privacy.asp, or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Services at the Art-Havana.com web site, or otherwise providing notice to you, Art-Havana may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Services.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services.

1.3 The Services enable corporate agencies, small business agencies, and individuals to execute service requests from the Services.

1.4 The Services will be subject to "Paid Services" once you have completed your service request proccess. The User limits are subject to change at any time. You will be notified via email of the completion of payment. Access to the Services will be disabled until payment is received. Paid Services are billed in advance, according to the price provided to you by Art-Havana.com The prices are subject to change at any time.

1.5 You must complete the registration form on Service Request page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address for your Art-Havana.com™ ID. Art-Havana.com reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.6 You will be billed for Services. Payment for Services will be made by a valid credit card accepted by Art-Havana.com. Services are payable in US dollars. If Art-Havana.com is for any reason unable to effect payment via your credit card, you will be notified via email. Pricing may vary based upon dates, quality and quantity of Service, etc. You are responsible for reviewing the price amount  tagged to the service(s) you are buying.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the Art-Havana.com company names and logos and all related product and service names, design marks and slogans, are the property of Art-Havana.com or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Art-Havana.com. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Art-Havana.com or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless to Art-Havana against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Art-Havana.com has no obligation to monitor the content provided by you or your use of the Services, Art-Havana.com may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any service that violates United States federal/state laws or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other iinformation) to Art-Havana.com. Art-Havana.com may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Art-Havana.com™, Art-Havana.com™ may share your information with the Marketing Partner. Art-Havana.com will not provide information to companies you have not authorized, and Art-Havana.com will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.6 Art-Havana.com will not use your information or any other customer information for any other purposes than those intended with the service. Your information will not be shared with any other parties. In addition, Art-Havana.com™ will not use your information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Policy, which may be modified by Art-Havana from time to time.

3. Termination

3.1 You may terminate this Agreement at any time by sending an email message to support@Art-Havana.com or by sending written notice to Art-Havana.com.

3.2 Art-Havana.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination, Art-Havana.com will provide you a proportionate refund of the advance payment which Art-Havana.com has received for the current Sevices Requests. Except for such refund, Art-Havana.com shall have no liability to you or any third party because of such termination.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Art-Havana.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Art-Havana DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Art-Havana.com to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Art-Havana OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Art-Havana.com") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Art-Havana SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Art-Havana IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Art-Havana.com TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Miscellaneous

6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

6.2 Art-Havana.com and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Art-Havana.com in any respect whatsoever.

6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

6.5 The Agreement shall be governed by the laws of Unide States without regard to its choice or law or conflict of laws provisions.