ON-LINE HORSE RECORDS SERVICE AGREEMENT

Please read the following agreement carefully before agreeing to become a Subscriber.

The Missouri Fox Trotting Horse Breed Association, Inc. (MFTHBA),a Missouri nonprofit corporation, agrees to furnish the On-Line Horse Records Service (OHRS) to the Subscriber mentioned below (Subscriber), upon the following terms and conditions:

PRICING: MFTHBA shall provide OHRS for pedigree, and other data as it becomes available on-line at MFTHBA's discretion, of fox trotting horses registered with the MFTHBA via telephone or satellite transmission from MFTHBA's web host's data processing equipment to Subscriber's personal computer for a nonrefundable fee of Ten Dollars ($10.00) for one day, Twenty-Five Dollars ($25.00) for one month or Ninety-Five Dollars ($95.00) per year. The subscription fee shall be paid to MFTHBA via on-line credit card services at the time the Subscriber wishes to access the on-line data.

SERVICE DISCLAIMER: Records shall be furnished by the MFTHBA using MFTHBA's official web site. Records shall be provided in a format as MFTHBA, from time to time, elects. In no event shall MFTHBA be responsible for temporary failure of MFTHBA or MFTHBA's web host's data processing or transmission equipment. MFTHBA's sole responsibility hereunder is to use its best efforts to restore the service of MFTHBA's data processing and communication equipment on a timely basis. MFTHBA shall not be liable for any costs of delays in data processing due to the aforementioned, or due to such events and acts as fire, power failure, communications failure, riots, terrorist attacks, war, government regulations, acts of God or any other causes over which MFTHBA has no control. MFTHBA will use ordinary care to maintain MFTHBA data processing equipment, and shall correct in a timely manner solely under MFTHBA control any errors in programming, failures in communications processing, errors made by MFTHBA personnel and malfunctions of MFTHBA equipment.

SUBSCRIBER RESPONSIBILITY: It is the Subscriber's responsibility to provide a personal computer and communications equipment and service at subscriber's location and solely at Subscriber's expense, along with any other hardware, software or installations. It is also the Subscriber's sole responsibility to make any adjustments to Subscriber's hardware or software to access the MFTHBA web site. MFTHBA shall not provide any services related to the installation or maintenance of Subscriber hardware or software.

ACCURACY DISCLAIMER: The material accuracy of data provided by MFTHBA is warranted only to the extent that it accurately reflects the data residing in the registration system maintained by the MFTHBA. The MFTHBA shall use is best efforts in extracting and processing data from the registration system and transmitting that data to MFTHBA's web host equipment. On-line data shall be updated on a regular basis. In the event material inaccuracies in data are shown by the Subscriber, MFTHBA shall use ordinary care to assure that such material inaccuracies are verified and, upon verification, update the registration system data in order to provide refreshed on-line data in the next scheduled update. CONSEQUENTIAL DAMAGES ARE EXPRESSLY EXCLUDED FROM COVERAGE HEREUNDER. No warranties, expressed or implied, arise from the OHRS, as the Subscriber receives all records on an "as is" basis.

TERMINATION OF SUBSCRIPTION: MFTHBA shall seek legal recourse and/or terminate OHRS service to a Subscriber, at its discretion, in the event the Subscriber uses the OHRS in a manner detrimental to MFTHBA and its objectives, or abuses MFTHBA's security controls over its data, or sells or reuses the on-line data for personal gain. MFTHBA reserves the right, for any reason, to discontinue OHRS, without prior notice.

MFTHBA's responsibilities shall be deemed performable solely in Ava, Douglas County, Missouri, and this agreement shall be construed under the laws of the State of Missouri.

 

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