3 Square Associates | Web & FileMaker Database Hosting Terms & Conditions

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Hosting & Web Services Terms & Conditions

The terms of using our service are set out with this in mind. If you have any queries about our terms of service, please email admin@3squareassociates.com 3 Square Associates Ltd provides internet, email and application hosting and additional services. 3 Square Associates Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by 3 Square Associates Ltd when 3 Square Associates Ltd decides that the account has been inappropriately used or otherwise. Note that all our services are covered by the General Terms of Service. In addition please see service specific terms of service. Our business is continually evolving and as such we reserve the right to change our Terms of Service when necessary. It is your responsibility to ensure that you are up to date with all of our Terms of Service. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

Jurisdiction

These Terms of Service shall be interpreted according to the laws of England and Wales. Please note: By purchasing any of our services you agree to be bound by all of 3 Square Associates Ltd's Terms of Service.

General terms of services

Server use

3 Square Associates Ltd reserves the right to refuse service and/or access to its servers to anyone.
3 Square Associates Ltd does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of 3 Square Associates Ltd.
3 Square Associates Ltd reserves the right to move your data to a different server with no previous notice.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should contact us. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.

Reselling of Services

All accounts other than such Reseller accounts that 3 Square Associates Ltd may offer from time to time are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Customers may however resell all of our services with a Reseller package. 3 Square Associates Ltd reserves the right to suspend access to any control panel based facilities of a Reseller account if a customer's use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts.

Bandwidth use policy

Bandwidth usage: 3 Square Associates Ltd offers a burstable bandwidth use policy by maintaining large ratios of bandwidth per customer. In rare cases, 3 Square Associates Ltd may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, 3 Square Associates Ltd reserves the right to impose the High Resource User Policy for the consideration of all customers.

Database Usage

If you exceed the limits on our database products (MS SQL, FileMaker and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at the time of billing then we will charge for the extra 50MB in that month.

High Resource User Policy

Resources are defined as bandwidth, processor utilisation or disk space. 3 Square Associates Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available 3 Square Associates Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby 3 Square Associates Ltd continues hosting the website for an additional fee.

Uploads via scripting languages

We may limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP may be limited to 20MB per file.

Payment policies

All accounts are set up on a prepay basis. Although 3 Square Associates Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment thereafter is due every 30, 90 or 365 days, following the date the account was established. Customers will automatically be invoiced again for the next prepay period unless closure notification has already been given. In situations where the card number on file is declined and/or an invoice remains unpaid 3 Square Associates Ltd reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a £20 plus VAT administration charge. The customer is responsible for all money owed on the account from the time it was established to the end of the notice period following the time that the customer sends a written cancellation request. Invoices will be sent directly to customers via email or regular mail. All payment is in UK sterling, and all prices are displayed ex VAT unless stated otherwise.

Your personal details

Please note that whilst your email is primarily used for billing purposes, 3 Square Associates Ltd reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications at any time. We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your contact details to third parties that 3 Square Associates Ltd may use for the purposes of delivering specific services to you (e.g. customer support).

Payment options

In order to streamline our accounting procedures and keep costs down 3 Square Associates Ltd currently runs a limited number of payment options:

BACS, bank transfers or standing orders into 3 Square Associates Ltd's bank account.

Cheque Payment: This option is available to business customers by agreement with 3 Square Associates Ltd. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. 3 Square Associates Ltd cannot guarantee that a service will be provided until after any received cheques have been cleared.

Credit / Debit Cards: 3 Square Associates Ltd accepts MasterCard, Visa, Visa electron, Switch/Maestro or Solo.

Cancellation and refunds

3 Square Associates Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes 3 Square Associates Ltd' terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time by giving 30 days notice of cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable. Domain credits cannot be refunded as they allow the purchase of domains at discounted prices, based on an upfront commitment.

Chargebacks

Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50 + VAT, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold 3 Square Associates Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 3 Square Associates Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 3 Square Associates Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 3 Square Associates Ltd's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from 3 Square Associates Ltd's servers and (5) any content on customer's websites.

Disclaimer

3 Square Associates Ltd will not be responsible for any damages your business may suffer. 3 Square Associates Ltd makes no warranties of any kind, expressed or implied for services we provide. 3 Square Associates Ltd may, as a part of the services that we offer you, back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, 3 Square Associates Ltd cannot guarantee to be able to replace lost data. 3 Square Associates Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by 3 Square Associates Ltd and its employees. 3 Square Associates Ltd reserves the right to revise its policies at any time.

Entire Terms of Service

Unless otherwise by means of a written document signed by both you and an authorised representative of 3 Square Associates Ltd these Terms of Service constitute the entire Terms of Service between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in.

Amendment in Writing

These Terms of Service may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of 3 Square Associates Ltd.

Further Assurances

The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by these Terms of Service.

Relationship of the Parties

Nothing in these Terms of Service shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations

If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries

These Terms of Service does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability

In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole. 3 Square Associates Ltd will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of 3 Square Associates Ltd as reflected in the original provision.

Email

The following terms and conditions apply to 3 Square Associates Ltd email services.

Size of mailbox

Each mailbox has a storage quota. This is in place to protect your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased from 3 Square Associates Ltd. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. 3 Square Associates Ltd cannot be responsible for email lost due to full mailboxes.

Passwords

It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. 3 Square Associates Ltd is not responsible for any data losses or security issues due to stolen passwords. 3 Square Associates Ltd recommends that you use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (i.e. "12345", "password", etc.).

Control panels and server management

3 Square Associates Ltd provides web-based account and email server management via a control panel. This is designed to give you control over your account and the email server features. You can use your control panel to perform most of the routine account and server management tasks.

Service availability

3 Square Associates Ltd monitors the server as a whole but does not monitor individual mailboxes. The mail server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the mail server continues to attempt delivery. If there is no successful delivery attempt within eight hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within four days, the message will be returned to the sender.

Scheduled maintenance

To guarantee optimal performance on the servers, it is necessary for 3 Square Associates Ltd to perform routine maintenance. Such maintenance may require taking 3 Square Associates Ltd mail servers off-line, typically performed during off-peak hours. 3 Square Associates Ltd will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

Security

3 Square Associates Ltd makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

Mailbox and Public Folder storage capacity

Each mailbox also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the mail servers shall stop sending or receiving messages. 3 Square Associates Ltd is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage your mailbox within online.

Anti-virus checking

3 Square Associates Ltd installs anti-virus software on its mail servers. This software is configured to check all messages coming in to and leaving the mail server. Messages sent between mailboxes on the server are not scanned. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message.

Anti-Spam message filtering

3 Square Associates Ltd runs anti-spam software on its mail servers. You can subscribe to this additional service.

Ownership of data

All data created or stored by you within 3 Square Associates Ltd's applications and servers are your property. 3 Square Associates Ltd shall allow access to such data by only authorised 3 Square Associates Ltd personnel. 3 Square Associates Ltd makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder's server space or within applications on 3 Square Associates Ltd' servers. Customers are responsible for backing up their email before upgrading or removing mailboxes.

Use of email account

If 3 Square Associates Ltd identifies a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

Email retrieval and timescale

3 Square Associates Ltd's policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 90 days of receipt. It is the mailbox owner's responsibility to ensure his/her received email is retrieved and saved locally where necessary to ensure that important correspondence is not lost. 3 Square Associates Ltd cannot be held responsible for lost items that have exceeded this 90 day limit.

Dedicated, Virtual Private and Co-located Servers

The following terms and conditions apply to the Dedicated, Virtual Private and Co-located Server services:

Payment If charges relating to bandwidth are outstanding for a period greater than 5 working days, your service may be suspended and furthermore, 3 Square Associates Ltd may refer the account to a debt collection agency and inform credit reference agencies. This may seriously affect your ability to obtain credit in the future.

Contract Period The hosting on these servers shall be for a minimum agreed period. You will be liable to a penalty of the outstanding period's payments in case you opt for termination of this contract before the expiry of the agreed period. For clarity if the period is 12 months payable monthly and you opt to terminate after making 10 monthly payments then you will still be liable for 2 monthly payments.

Service level agreement At 3 Square Associates Ltd we aim to deliver the highest possible levels of up-time. If our internet connectivity fails to meet the 99.9% network up-time guarantee for the previous 30 days for your server, then you'll be eligible to claim a refund of one day's service fee for every day that your server is unavailable. Please note: 99.9% network uptime guarantee does not include scheduled maintenance - normally conducted outside of working hours. If we can't fulfil this service level agreement, 3 Square Associates Ltd will refund no more than your monthly equivalent service fee.

Server Ownership

Servers remain the property of 3 Square Associates Ltd at all times, unless the server is a co-located server in which case the server remains the customer's property.

Remote Backup

Provision of Backup service

The Service provides remote backup software and systems to enable the Customer to backup data. The remote backup system (Backup Centre) is located inside a secure data centre where all standard data centre facilities, including redundancy and backup power supply, 24-hour professional monitoring & surveillance and controlled access to the premises, are provided. 3 Square Associates Ltd uses a primary backup server to provide online backup services to the Customer, that is further backed up by an additional backup system.

Availability of the Services The minimum acceptable level of uptime for the Service in any given month shall be 95% as determined by the following formula: Uptime Ratio = (Total Time - Lost Time) / Total Time x 100% where Total Time = total number of hours within a month Lost Time = total number of hours any equipment inside the Rapid Backup Centre is unavailable for service during a month. If the uptime falls below 95%, and at the Customer request, the Customer's account will be credited on a pro rata basis for one day of the monthly fee for the service for each complete hour of Lost Time over and above that included in the acceptable level of uptime calculation. This is limited to the total amount paid by the customer in any month.

Scheduled Maintenance Scheduled Maintenance shall mean any planned maintenance performed within the Rapid Backup Centre. Where possible, Customers will be given 7 days notice of Scheduled Maintenance.. Notice of Scheduled Maintenance will be provided to the Customer's designated point of contact by email. Unavailability caused by Scheduled Maintenance does not count towards to the "Lost Time" calculation for Service Availability.

Termination The Customer may terminate this agreement without penalty by giving one month's notice in writing to 3 Square Associates Ltd.

Cost and Charges The Service costs involve an initial set up charge for each user and a recurring monthly charge which depends on the amount of data backed up onto the system.

Liability 3 Square Associates Ltd shall under no circumstances be liable to the Customer for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever from the provision of this service.

Dispute Policy

You agree to be bound by the 3 Square Associates Ltd Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of these Terms of Service by reference. The Dispute Policy can be found at the end of this document. The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party. You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold 3 Square Associates Ltd harmless pursuant to the terms and conditions contained in the Dispute Policy.

Changes and Registration Agreement and Dispute Policy

You acknowledge and recognise that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that 3 Square Associates Ltd may modify these Terms of Service and the Dispute Policy as necessary from time to time to comply with any agreements by which 3 Square Associates Ltd is or will be bound, and to adjust to changing business circumstances. Your continued use of the registered domain name constitutes acceptance of these Terms of Service and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

Contact with 3 Square Associates Ltd

You acknowledge and recognise that all contact with 3 Square Associates Ltd in the first instance should be made via our support. You agree that 3 Square Associates Ltd is not obliged to offer telephone support specifically for your Domain Name.

Indemnification of 3 Square Associates Ltd

You agree to defend, indemnify and hold harmless 3 Square Associates Ltd and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

Respresentations and Warranties

You represent and warrant that: (a) all information provided in connection with your domain name registration is accurate; and (b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You acknowledge and agree that all domain name registration services provided to you by 3 Square Associates Ltd are provided on an "as is" basis. 3 Square Associates Ltd makes no representations or warranties of any kind, express or implied, in connection with these Terms of Service or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. 3 Square Associates Ltd makes no representation or warranties of any kind that registrations or use of domain name under these Terms of Service will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint. Step one: how to contact us: If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support teams, you may send your complaint in writing to:

Hosting Manager

3 Square Associates Ltd

17 Gemini Drive

Liverpool, L14 9LT

You should expect to receive a response to your query within seven working days of us receiving your correspondence. Step two: what we will do: On receipt of your complaint our Hosting Manager will thoroughly investigate any issues raised and propose a course of action for resolution. Step three: if you are not satisfied: If you are not satisfied with the action we plan to take, you should request that your complaint be referred to Managing Director.

Managing Director

3 Square Associates Ltd Ltd

17 Gemini Drive

Liverpool, L14 9LT

You should expect to receive a response to your query within seven working days of us receiving your correspondence. Step four: what we will do On receipt of your complaint our Managing Director will thoroughly investigate any issues raised and propose a course of action for resolution.

Contact information

We are happy to answer any questions you may have regarding your 3 Square Associates Ltd services. Please note that any discussions with 3 Square Associates Ltd are treated in strictest confidence, so we may need to ask you security questions to confirm that we are speaking to the right person.

Privacy policy

Your right to privacy is very important. 3 Square Associates Ltd recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with a better service. That's why we have put a policy in place to protect your personal information. Below is a summary of our policy. By submitting personal data manually or in electronic form to this web site, or by using this site, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.

What personal information does 3 Square Associates Ltd collect? When making a purchase with 3 Square Associates Ltd, 3 Square Associates Ltd will collect your contact information, which includes name, address, email address and phone number, as well as payment information. When you become a 3 Square Associates Ltd customer you automatically subscribe to electronic newsletter and special offer promotions. Please contact 3 Square Associates Ltd if you no longer wish to receive such communications.

Protecting your privacy We will take appropriate steps to protect your privacy. Whenever you provide sensitive information (for example, a credit card number to make a purchase), we will take all reasonable steps to protect it, such as encrypting your card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes. On occasion, we may need to provide your name and delivery address to third parties that 3 Square Associates Ltd may use for the purposes of delivering specific services to you (e.g., customer support.). We will not provide any of your personal information to other companies or individuals for marketing purposes without your permission. 3 Square Associates Ltd may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites.

Use of cookies 3 Square Associates Ltd uses cookies for various reasons, for example, cookies enable us to track information during web based forms. These cookies do not track individual information. Cookies from 3 Square Associates Ltd can only be read by 3 Square Associates Ltd. If you choose to disable cookies in your browser, you will not be able to carry out some transactions with 3 Square Associates Ltd. If you do nothing other than read pages or download information while using this web site, we will capture and store information about your visit. This information will not identify you; it relates to:

the Internet domain (e.g. www.company.co.uk) and IP address from which you access the web site
the type of browser (Internet Explorer or Netscape) and operating system (Windows, UNIX) you use
the date and time of your visit
the pages you visit
the address of the web site from which you linked to us (if applicable).

We use this information to make each visit more rewarding, and to provide us with information to help improve our service. We do not know (and do not want to know) the identities of people who visit us in this way.

Data storage in the U.K. Any information that 3 Square Associates Ltd needs to store and process will be carried out on databases located in the UK, and in full compliance of the Data Protection Act.

How can you update the personal information you have provided to us? You can help 3 Square Associates Ltd maintain the accuracy of your information by notifying 3 Square Associates Ltd of any changes to your address, title, phone number or e-mail address. The personal information we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of collection. We reserve the right to change the Privacy Policy from time to time and will provide notice of these changes on the Privacy Policy pages of our web site. You should make sure you periodically review the Privacy Policy to make sure it meets your needs.

Please note: by signing up for any of our services you agree to be bound by all 3 Square Associates Ltd terms and conditions.

Other Terms of Service

Force Majeure

3 Square Associates Ltd shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver

The failure of 3 Square Associates Ltd to provide your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by 3 Square Associates Ltd of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by these Terms of Service which by their performance after the termination of these Terms of Service, shall be and remain enforceable not with standing termination of these Terms of Service for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating these Terms of Service in accordance with its terms but each party shall be liable for any damage from any breach by it of these Terms of Service.

Notice

You agree that any notice or communications required or permitted to be delivered under these Terms of Service by 3 Square Associates Ltd to you shall be deemed to have been given if delivered by e-mail, or first class mail in accordance with the contact information you have provided.

Governing Law

Except as otherwise set forth in the Dispute Policy with respect to disputes, these Terms of Service, your rights and obligations and all contemplated by these Terms of Service shall be governed by the laws of the United Kingdom.

Legal Fees

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of these Terms of Service is brought by any party to these Terms of Service, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment

You shall not assign, sub-license or transfer your rights or obligations under these Terms of Service to any third party without the prior written consent of 3 Square Associates Ltd. However, in the event that 3 Square Associates Ltd consents to such an assignment, sub-license or transfer, then these Terms of Service shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

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