This WebSite Tonight End User License Agreement ("Agreement") is by and between HostingDude Inc ("HostingDude Inc"), a/an individual, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude Inc `s WebSite Tonight Service ("WebSite Tonight") and represents the entire Agreement between You and HostingDude Inc. By using HostingDude Inc `s WebSite Tonight, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which HostingDude Inc may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You`ve established with HostingDude Inc, whether or not the transactions were in Your behalf. You acknowledge that HostingDude Inc `s acceptance of any application made by You for services provided by HostingDude Inc will take place at HostingDude Inc `s offices located in Scottsdale, Arizona, USA.

The Application

HostingDude Inc grants You a non-exclusive license to use WebSite Tonight (the "Application") for the purpose of designing and publishing web sites for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use WebSite Tonight on any computer, but the same project may not be modified on more than one computer at one time. You may customize or modify the appearance of WebSite Tonight as provided and allowed by the instructions. You shall not port, reverse engineer, reverse assemble, reverse compile, or deobfuscate the Application, or otherwise attempt to derive source code from the Application. You shall not alter, modify or change the Application or the source code underlying the Application in any respect. This Agreement, and the license granted to You under it, will terminate immediately if You are in breach of any of the terms of this Agreement. In the event of termination, You must immediately stop using the Application. You may not copy, sell, sublicense, assign or redistribute the Application. HostingDude Inc ’s licensors shall have the right to enforce the terms of this Agreement against You.

The Online Wizards

Forms, Flash animations, and Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one (1) web site. You are free to modify these in any way as long as You use them on one web site only. Paying for a single form and using it on multiple web sites is NOT authorized.

Application Particulars

WebSite Tonight is an online web site preparation tool which is designed to assist You in designing and publishing web sites for use on the Internet. Using WebSite Tonight will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:

1. Select from more than one hundred (100) pre-designed layouts which can be customized with a variety of images and color schemes;
2. Engage in Internet sales and marketing by advertising Your business on the Internet;
3. Share Your information with others by listing information;
4. Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins; and
5. Display photos of Your choice.
6. Create secure web sites by placing our secure certificates on your web site (at an additional cost), and Upload files to your web site and make them available for download. These may include documents, video, images, and audio files.

Unlimited Pages Premium Plan

You agree that performance of Your web site may begin to slow at varying number of pages depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree that HostingDude Inc has no control over potential physical and practical constraints You may experience at an uncertain number of pages on Your web site.

Web Site Hosting Services

You are responsible for ensuring that your web site conforms to all local, state, federal, and international laws. Further, you are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by HostingDude Inc. You affirmatively acknowledge that HostingDude Inc is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving your web site from one hosting server or provider to another is Your responsibility. HostingDude Inc will not transfer or FTP Your web site to another hosting provider.

Legal Agreements

You acknowledge that You are bound by the HostingDude Inc Website and Dedicated Server Service Agreement ("Hosting Service Agreement") for the hosting of Your web site, which is hereby incorporated by reference. You agree to be bound by the terms and conditions, and all policies and procedures referenced in the Hosting Service Agreement, which can be found here.

The Limitations

WebSite Tonight is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, HostingDude Inc explicitly reserves the right to terminate Your license if it comes to HostingDude Inc `s attention that You are using WebSite Tonight to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.

All rights to the Application, web site templates, forms, documentation and final website design are retained by the copyright owner. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. WebSite Tonight and any copies You are authorized to make are the intellectual property of the copyright owner. The source code and its organization and WebSite Tonight is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in WebSite Tonight and all rights are reserved by the copyright owner.

HostingDude Inc expressly reserves the right to:

1. Censor any web site hosted on its servers that, in the Company`s sole opinion, is deemed inappropriate.
2. Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
3. Modify pricing through email notification.
4. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that HostingDude Inc determines to be harmful to subscribers, operations, its reputation, or otherwise.
5. Terminate Your license if Your use of WebSite Tonight results in, or is the subject of, legal action or threatened legal action against HostingDude Inc or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by HostingDude Inc, and in so doing, HostingDude Inc shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

1. Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.
2. Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and/or other countries.
3. AOL and America Online are registered trademarks of America Online, Inc in the United States and/or other countries.
4. InterNIC is a registered Service Mark of the U.S. Department of Commerce.
5. Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries.
6. Certain Images licensed from Hemerra Technologies Inc.
7. Certain Images licensed from Starfield Technologies, Inc.
8. Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
9. Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.