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Contract for Virtual Upload Server
1 ). Overview:

The following agreement is between hostmill.com Internet Services Inc., (here forth known as "hostmill.com"), and you (here forth know as "CLIENT"). WHEREAS, hostmill.com is an Internet presence provider connected to the Internet. hostmill.com offers data storage and transfer services over the Internet through access to its equipment; WHEREAS, Client seeks to utilize hostmill.com equipment and software for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, hostmill.com can make no guarantee that any given person on-line shall be able to access any one of hostmill.com's web servers at any given time. hostmill.com represents that it shall make a good faith effort to ensure that its equipment is available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

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2 ). Age of Majority:

hostmill.com cannot accept agreements and payments from persons under the age of 18 years. Therefore, hostmill.com requires that its agreements be made with a person who is qualified to contract. As such, the CLIENT must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

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3 ). Financial Arrangements:

1. Client agrees to a minimum three (3) month contract, beginning upon hostmill.com's receipt by fax, postal mail, e-mail, web forms or other form of client's order. 2. If the Client chooses a three (3) month plan, then three months of hosting service at $14.99 per month, plus a one-time setup fee of $50.00 is due upon initial order; this 3 month fee totals $94.97. If the Client chooses a six (6) month plan, then six months of hosting service at $13.99 per month, plus a one-time setup fee of $30.00 is due upon initial order; this 6 month fee totals $113.94. If the Client chooses a twelve (12) month plan, then twelve months of hosting service at $12.99 per month, plus a one-time setup fee of $15.00 is due upon initial order; this 12 month fee totals $170.88. 3. At any point that someone from the hostmill.com Technical staff works on any part of the Clients site, including but not limited to repairing, writing or changing Html, Asp, Java and or any type of code or script, repairing directory structure, placement and or transferring from one directory to another a flat rate of $40.00 per hour will be charged to the Clients account and billed at 15 minute increments. ($10.00 per 15 minutes) In other words, the Client is fully responsible for the completion of their web site and any work done by hostmill.com staff outside of the initial server setup will be billed.  4. This agreement will automatically renew for the same successive period(s) specified by the client on the initial order. (less setup fees) This agreement will renew every 3, 6, or 12 months unless canceled in writing at least 15 days prior to the renewal date. Renewal of services by Client indicates agreement to Contract revisions.

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4 ). Taxes:

hostmill.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or hostmill.com's equipment. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

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6 ). Competency:

Use of hostmill.com's service requires a certain level of knowledge in the use Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client.
The following examples are offered:

Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing documents, creating graphics, text, sound, image mapping, etc.
E-mail: a knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.

The Client agrees that he or she has necessary knowledge to create utilize hostmill.com's service without reliance on hostmill.com. Client agrees that it is not the responsibility of hostmill.com to provide this knowledge or Customer Support outside of the defined service of hostmill.com.

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7 ). Content:

1. hostmill.com will exercise no control whatsoever over the content of the information passing through the network. hostmill.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. hostmill.com also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of hostmill.com is at the Client's own risk, and hostmill.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth. hostmill.com expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. hostmill.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

2. In the event that any particular clients' material is not "Server-ready", hostmill.com may, at its option and at any time, reject this material, including but not limited to after it has been put on hostmill.com's web servers. This includes hostmill.com's right to disable such non-"Server-ready" materials, such as CGI scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) usage or RAM (Random Access Memory) as determined by hostmill.com. hostmill.com may also at its discretion at any time, suspend access to any client's website without notice, due to over-consumption of bandwidth (exceeding 100MB/day transfer), CPU usage, or any other reason which might effect the performance of hostmill.com services. hostmill.com agrees to notify Client immediately of its refusal of the material and/or suspension of the account and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of hostmill.com. If the Client fails to modify the material, as directed by hostmill.com, within a reasonable period of time established by hostmill.com, the Agreement shall be deemed to be terminated.

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8 ). Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants hostmill.com the right to use such trademarks in connection with hostmill.com's service. This includes the right granted by Client to hostmill.com to advertise the Client in conjunction with hostmill.com's service.

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9 ). Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access hostmill.com. This equipment includes a personal computer equipped with a 2400 baud modem or faster, Internet access via an ISP ("Internet Service Provider"). hostmill.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the hostmill.com service.

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10 ). Internet Etiquette:

Electronic forums such as mail distribution lists and UseNet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of hostmill.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or hostmill.com. All messages transmitted via hostmill.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

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11 ). Service Guarantee:

hostmill.com will extend a 30-day conditional money-back guarantee to Client if Client purchased hostmill.com's virtual server hosting service. This service guarantee shall begin upon the setup of Client's account and shall expire thirty days later. Client has the right to cancel his/her contract with hostmill.com by providing written notice to hostmill.com stating the Client's intent to cancel within their 30-day period. The written cancellation notice shall entitle the Client to a refund of only monies pre-paid for hosting. This means any monies paid less any setup fees, the 1st month payment, any monies paid for web site development, programming, add on software, scripts, or any paid technical assistance. In other words a refund of only monies pre-paid for hosting after the 1st month.

1. Limitations
Client is not entitled to any sort of refund due to ignorance of hostmill.com's underlying service or payment policies. This includes, but is not limited to, cancellation because of a three month minimum payment upfront, hostmill.com not providing dial-up Internet access in all areas, problems registering or transferring any domain, U.S. top-level or foreign, getting programs (CGI scripts) or features (search engines, guest books, etc.) working on the Client's account. Accounts sold through any of hostmill.com's resellers or their resellers are not eligible for a refund of any services under the money-back guarantee. Client may not be entitled to any sort of refund because he/she had violated any one of the seven restrictions outlined in the acceptable uses policy (back page), even if the Client provided written notice within 30 days for a service-related reason. Client will not be entitled to a refund for cancellation due to the fact that he/she did not read our acceptable uses and later learned that his/her content violates our acceptable uses. Acts of God, including but not limited to, earthquakes, thunderstorms, or fires that result in an interruption in service are exempt from the service guarantee. Because these circumstances are beyond the control of hostmill.com, the service guarantee will be void under these conditions. However, hostmill.com will make every good faith effort to reinstate service to Client as quickly as possible.

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12 ). Technical Support:

All Technical Support on this account is done by way of e-mail and or the hostmill.com.net website. An average response time will be between 1-3 hours on a business day or next business day. Any expedited and or phone support (excluding sec. II. Financial Arrangements: Number 4.) will be billed at $24.00 per hour at 15 minute increments. ($6.00 per 15 minutes.)

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13 ). Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, hostmill.com may terminate service under this Agreement at any time, without penalty, and collect any termination fees as outlined above if the Client fails to comply with the terms of this Agreement.

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14 ). Reseller Agreement:

If at any time Client chooses to take part in hostmill.com's reseller program, then client agrees not to hold hostmill.com liable for any and all misfortunes relating to the underlying service provided. Resellers of hostmill.com are not agents, employees, or contractors of hostmill.com. Client agrees to take responsibility for the technical support of his/her clients. Client agrees to be responsible for the registration of any domain name(s) requested by his/her clients.

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15 ). Limited Liability:

1. Client expressly agrees that use of hostmill.com's equipment is at Client's sole risk. Neither hostmill.com, its employees, affiliates, agents, third party information providers, resellers or the like, warrant that hostmill.com's 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 service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through hostmill.com, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall hostmill.com, its offices, agents or any one else involved in creating, producing or distributing hostmill.com's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of hostmill.com's 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 hostmill.com's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on hostmill.com'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. Any actions must be filed in Santa Barbara County only.

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16 ). Indemnification:

Client agrees that it shall defend, indemnify, save and hold hostmill.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against hostmill.com, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless hostmill.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with hostmill.com's equipment; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold using hostmill.com's service.

In no event will hostmill.com be liable to you, whether in contract or in tort or under any other legal theory (including strict liability) for any damages, including, but without limitation, direct or indirect, special, incidental, punitive, negligence, exemplary, consequential, lost profits or revenues or similar damages arising out of or in connection with this agreement.

This agreement represents the complete agreement and understanding between hostmill.com and the Client and supersedes any other written or oral agreement. Upon notice published on-line via hostmill.com, hostmill.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your complete acceptance of these Terms and Conditions.

This Agreement shall be governed and construed in accordance with the laws of the State of California and of the Internet. 

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Acceptable Use Policy
1 ). Restricted Content:

Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

hostmill.com forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Clients whose accounts are found in violation of this policy may, at the discretion of hostmill.com, have their account(s) terminated without notice and are subject to a maximum $500.00 clean-up/disconnect fee.

Clients whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at hostmill.com. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Furthermore, hostmill.com prohibits websites which primarly promote Pokémon, professional wrestling (WWF,WCW), photo archives, software distribution, and gaming (RGP). Websites of this nature are considered non-professional and are not welcome.

Clients whose accounts are found in violation of this policy may, at the discretion of hostmill.com, have their account(s) terminated without notice and are subject to a maximum $500.00 clean-up/disconnection fee. Additionally, hostmill.com may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account. 

Sites whose primary purpose is for file distribution of non-web ready (such as .zip, .tar, .rar, .exe, .mp3) or mirroring of a site are strictly prohibited.

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and hostmill.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of hostmill.com, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee.

Simply put, we ask that you use your account for the purposes of hosting professional, a non-adult oriented, legal website.

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2 ). E-Mail / Spam Policy:

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to unknown persons or to people without their prior consent. Using fictitious e-mail addresses @hostmill.com or any domain name hosted with hostmill.com is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with hostmill.com but the mail message makes mention of a website hosted with hostmill.com.

hostmill.com allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, hostmill.com requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. hostmill.com reserves the right to terminate a client's mailing program, whether provided by hostmill.com or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. hostmill.com also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Providing spamware or spam-related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site. Due to the consumption of system resources and overloading of the e-mail server, hostmill.com forbids the use of the Gossamer Links program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. hostmill.com reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of hostmill.com, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee. Sites closed for violations of this policy will not be reinstated under any circumstance.

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3 ). Copyrighted Material:

It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within client's account. Clients agree to indemnify hostmill.com of any possible litigation involving trademark or copyrighted materials.

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by hostmill.com. Modification of scripts provided by hostmill.com without written permission is strictly prohibited.

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4 ). Excessive Usage:

Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. hostmill.com reserves the right to suspend accounts without notice to clients who violate these terms. hostmill.com has sole discretion over what constitutes excessive usage.

Programs provided by hostmill.com as an installable feature are not exempt from this policy. While every efforts is made on hostmill.com's end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

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Billing Policies
1 ). Payment via Credit Card:

hostmill.com Internet Services, Inc. accepts payments via MasterCard, American Express, Visa, and Discover card. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged prior to services being rendered and seven (7) days prior to the renewal date for services.

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2 ). Other Payment Methods:

hostmill.com Internet Services, Inc. accepts payments by personal check, company check, and money order. All funds must be payable in US dollars. hostmill.com does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service and a minimum $5.00 per month / per account late fees..

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3 ). Returned Check Fee:

In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a $25.00 reactivation fee and a $25.00 returned check fee, customer's account will be permanently cancelled. Such cancellation does not relieve client's obligation for payment under the terms of the hosting agreement. Cancellation includes the removal of all files on the account. In the event of a charge back, hostmill.com will immediately suspend all services to client until such time as full payment is received in addition to a $25.00 charge back fee and a $25.00 account enable fee.

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4 ). Accounts with Non-Usable Credit Cards:

Credit cards on file are not usable when any of the following occur:
     1. The card has expired; 
     2. The card declines the charges; 
     3. The card is reported lost or stolen; 
     4. The card is declared invalid. 

hostmill.com will charge the credit card on file approximately seven (7) days in advance of the recurring billing date. If a credit card payment fails, the customer will be sent an e-mail notice allowing seven (7) days to rectify the situation either with a new payment method or by updating the credit card. The charge will be re-attempted on the recurring billing date. If the card still does not accept our charge and no other payment has been received by the recurring billing date, the account will be suspended (3) days after the billing date without exception. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable. Upon suspension of the account, hostmill.com Internet Services, Inc. will send an e-mail deactivation notice to customer. If payment, including reactivation fee, is not received within seven (7) days of the deactivation notice, the account will be permanently cancelled. This includes the removal of all files that may remain but does not alleviate client's payment obligations under the hosting agreement.

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5 ). Late Check/Non-Payment:

If payment has not been received by the date of renewal of an account, the account will be suspended without exception. Upon suspension, hostmill.com Internet Services, Inc. will send an e-mail suspension notice to customer. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable. If payment, including reactivation fee, is not received within seven (7) days of account suspension, the account will be permanently cancelled. This includes the removal of all files that may remain, but does not alleviate client's payment obligations under the hosting agreement.

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6 ). Account Cancellation:

A cancellation will only be accepted if it is done by one of the following methods:
The customer must call and request cancellation and then will be sent an email to confirm the identity of the owner of the account.
The customer must fax a cancellation request to (805) 925-8502. The request must include the following information:
Account Name, Account Password, Cancellation Reason, Signature of Account Owner
All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

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7 ). Results of Cancellation:

When a cancellation request is made, hostmill.com Internet Services, Inc. will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. Customer may request immediate cancellation if so desired hostmill.com Internet Services, Inc. will remove all files. This may include unread e-mail left on the server.

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8 ). E-mail Invoice/ Statements:

Customer may request hostmill.com Internet Services, Inc. to send an invoice or account statement via e-mail. hostmill.com Internet Services, Inc. will charge customer $2.00 per invoice / statement sent via this manner.

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9 ). Postal Mail / Fax Invoicing:

Customer may request hostmill.com Internet Services, Inc. to send an invoice or statement via postal mail or fax. hostmill.com Internet Services, Inc. will charge customer $5.00 per invoice / statement sent via this manner.

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10 ). Customer Liability:

hostmill.com Internet Services, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with hostmill.com Internet Services, Inc.'s products and service.

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