A. AGE AND LEGAL ACCESS CERTIFICATION.
By subscribing to HOLEANDAHEARTBEAT, you certify that you are 18 years of age or older; that you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials; that you have the legal right to access adult-oriented materials and HOLEANDAHEARTBEAT has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.

B. CUSTODIAN OF RECORDS.
All persons who appear in any visual depiction contained in HOLEANDAHEARTBEAT were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, Joseph Usea, who can be reached at joe@ HOLEANDAHEARTBEAT.com, and has a business address of Joseph Usea, 2309 Grays Ferry Ave, Philadelphia, PA 19146, except with regard to visual depictions of actual sexually explicit conduct made before July 3, 1995, which are exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75.

C. TRADEMARKS.
" HOLEANDAHEARTBEAT," "Hole and a Heartbeat," "HAAH LLC" are service marks and trademarks of HAAH LLC. and may be used publicly only with express written permission. Other trademarks and service marks featured on HOLEANDAHEARTBEAT are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

D. COPYRIGHTS.
Except for public domain material and electronic messages, all information, written, coded and contained at and displayed, viewed or downloaded from the Internet sites which are operated by HAAH LLC., identified by the URL holeandaheartbeat.com, including all subdirectories and the documents contained within, is and shall remain copyrighted by HAAH LLC., and/or various other companies including, but not limited to, any client of . HAAH LLC Any art or other material placed on this site owned by another entity (other than HAAH LLC ) is placed here with the full knowledge and permission of the copyright owner, and HAAH LLC makes no claim of ownership or control of such artwork or programming code.
All members images displayed on HOLEANDAHEARTBEAT.com are believed to be property of the sender. They were obtained from voluntary submissions, specifically intended for online usage. It is not the intent of holeandaheartbeat.com, it's owner(s) or any affiliate to violate the copyright of any individual or business.

If you believe this to be the case then please contact the ( Web Master.) Please include specific information identifying yourself, (your company), your legal address, a voice telephone where you can be contacted, the full URL of the offending material, and documentation to support your claim. Such material will be promptly removed.\
You may only access and use the Materials presented on these sites for personal purposes. You may not modify or use the Materials for any other purpose without HAAH LLC. express written consent. You may not reproduce, republish, post, transmit or distribute any Materials on HAAH LLC Website.
© All pictures contained on this web site are copyright protected under all applicable laws governing the use of copyrighted materials. © All designs and graphics for "holeandaheartbeat.com" are copyright protected. TM ."HOLEANDAHEARTBEAT" AND "HH CREW"are trademarked.
The images reproduced on these pages are intended to be viewed as samples of the services offered by HAAH LLC. only. All the Art represented on these pages retains the copyright of HAAH LLC. and/or their respective owners, who also reserve all rights. Federal Copyright law prohibits any unauthorized reproduction, by any means, and imposes fines for such unauthorized use of up to $25,000 for each violation.

E. LIMITED LICENSE / TERMINATION.
HOLEANDAHEARTBEAT provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of HOLEANDAHEARTBEAT. Users of HOLEANDAHEARTBEAT are granted a single copy license to download (on a single computer only) or print one copy of any of the information made available for downloading found on this site for personal, non-commercial use only. Commercial use of HOLEANDAHEARTBEAT , or any material located on it, is strictly prohibited. In addition, users of HOLEANDAHEARTBEAT may not: (i) modify any of the materials found in any area of HOLEANDAHEARTBEAT; (ii) use any of the materials found in any area of HOLEANDAHEARTBEAT for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area ofHOLEANDAHEARTBEAT ; or (iv) otherwise transfer any material located in any area of HOLEANDAHEARTBEAT to any other person or entity. HOLEANDAHEARTBEAT reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. HOLEANDAHEARTBEAT reserves all other rights coincident or related to this site.

F. ACCEPTABLE USE.
A portion of this site is maintained for "chat" entertainment purposes only. AlthoughHOLEANDAHEARTBEAT is unable to control third party content on this site, it isHOLEANDAHEARTBEAT 's policy to prohibit visitors from posting infringing, defamatory, libelous or otherwise unlawful material, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You agree not to post such information and agree to indemnify HOLEANDAHEARTBEAT and its representatives for any claims or suits arising from your use of this site. HOLEANDAHEARTBEAT reserves the right to monitor and delete any postings deemed inconsistent with the policy described above. If you are aware of any such material posted on our site, please contact us at HOLEANDAHEARTBEAT.com. Please provide as much detail as possible, including a copy of the offending or infringing information or material, the location where we may find the offending or infringing information or material, the reasons(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information provided to us. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates.HOLEANDAHEARTBEAT and its representatives will do their best to monitor content online, but in no event do they assume any particular obligation to do so or liability for failing to remove specific content.

G. COMMUNICATIONS NOT PRIVATE / USE OF E-MAIL SUBSYSTEMS.
HOLEANDAHEARTBEAT does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to HOLEANDAHEARTBEAT shall be deemed to be readily accessible to the general public. Visitors should not useHOLEANDAHEARTBEAT to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into HOLEANDAHEARTBEAT can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
The use of e-mail through HOLEANDAHEARTBEAT online systems shall be limited to direct inquiries to HOLEANDAHEARTBEAT or HOLEANDAHEARTBEAT staff by interested people with questions directly related to services which are provided by HOLEANDAHEARTBEAT, and other related inquiries. Any use of the site for transmittal of unsolicited commercial endeavors is strictly prohibited. Any such use involves the mis-use of private computing systems, and shall result in billing to the sender of at least $100.00 (one hundred dollars) per occurrence.

H. DISCLAIMER.
THE MATERIALS ON HOLEANDAHEARTBEAT ARE PROVIDED AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. HOLEANDAHEARTBEAT OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. HOLEANDAHEARTBEAT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. HOLEANDAHEARTBEAT MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. HOLEANDAHEARTBEAT MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SHALL HOLEANDAHEARTBEATLIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF HOLEANDAHEARTBEAT HAS BEEN ADVISED OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)

***All members images displayed onHOLEANDAHEARTBEAT .com are believed to be property of the sender. They were obtained from voluntary submissions, specifically intended for online usage. It is not the intent of HOLEANDAHEARTBEAT.com, it's owner(s) or any affiliate to violate the copyright of any individual or business.

If you believe this to be the case then please contact the ( Web Master.) Please include specific information identifying yourself, (your company), your legal address, a voice telephone where you can be contacted, the full URL of the offending material, and documentation to support your claim. Such material will be promptly removed.\

I. LINKS TO THIS SITE.
You may establish a hypertext "link" to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from HOLEANDAHEARTBEAT allowing you to do so.

J. LINKS TO THIRD PARTY SITES.
This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of HOLEANDAHEARTBEAT, andHOLEANDAHEARTBEAT is not responsible for the contents of any linked site or any link contained in a link site.HOLEANDAHEARTBEAT is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by HOLEANDAHEARTBEAT of any linked site.

K.JURISDICTION AND VENUE.
Unless otherwise specified, the materials in the site are presented solely for the purpose of entertaining and promoting services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by HAAH LLC. from its offices within the State of Pennsylvania, United States of America. HAAH LLC. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

L. PRIVACY STATEMENT.
HOLEANDAHEARTBEAT is committed to maintaining the confidentiality of its members and the information collected from them. HOLEANDAHEARTBEAT does collect identification and credit card or other payment information that is provided by its members, and uses the information solely to process payment and maintain accounts for the membership subscriptions. HOLEANDAHEARTBEAT does not distribute individually identifiable information to third parties unrelated to the purpose for which it was collected. HOLEANDAHEARTBEAT takes reasonable precautions to protect said information from disclosure or misuse.

M. NOTICES.
Notices by HOLEANDAHEARTBEAT to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to HOLEANDAHEARTBEAT by means of electronic message must be sent to customer service.

N. SUBMISSIONS.

All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered toHAAH LLC. . by and at this site or in response to solicitations in this site or other HAAH LLC. sites (collectively, the "Comments") shall be deemed and shall remain the property of HAAH LLC. . None of the Comments shall be subject to any obligation of confidence on the part of HAAH LLC. .and HAAH LLC. . shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, HAAH LLC. shall exclusively own all now known or hereafter existing rights to the Comments of every kind and nature throughout, but not limited to, the entire universe and shall be entitled to unrestricted use of the Comments for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Comments.

 

O. LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall HAAH LLC. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if HAAH LLC. or a HAAH LLC. authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HAAH LLC. 's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

 

P. MEMBERSHIP TERMS AND FEES

• By enrolling in this service (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by HOLEANDAHEARTBEAT at any time, and changes are effective upon notice to each Subscriber. Unless and until this agreement is canceled in accordance with the terms hereof, Subscriber hereby authorizes the "Service" to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service" to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by HOLEANDAHEARTBEAT.com. Subscribers may not be assigned or transferred to any other person or entity. The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Every 30 days (or other billing period selected), the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the user of payment obligations.
• Credit Card customers agree to allow CC BILL. to bill such card every 30 days automatically after the initial charge and account setup. User agrees to allow CC BILL to make the automatic monthly charge without separate authorization from the account holder. Credit Card customers shall notify CC BILL. of changes in the Number / expiration date of any credit card used in connection with the Service and changes in home or billing address. If the card is not honored for any reason HOLEANDAHEARTBEAT will attempt to notify the card holder from telephone information given at sign-up. HOLEANDAHEARTBEAT may also attempt to contact the card holder ONE time, via the email address provided at subscription. If alternative billing is not established within seven (7) days the account will be terminated. Re-establishment of the account will be subject to a $5.00 reconnection fee.
• If payment is by check, payment due dates are indicated on your invoice, which will arrive via email and contains your user identification and password. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 7 days of the due date, service will be terminated.
• HOLEANDAHEARTBEAT has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event HOLEANDAHEARTBEAT utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of HOLEANDAHEARTBEAT attorneys' fees and costs in pursuing the collection of these sums.
• Subscription to the Service may be terminated at any time, and without cause, by either HOLEANDAHEARTBEAT or the Subscriber upon notification of the other by electronic or conventional mail. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
• Agreement maybe canceled during term by customer notification via cancelation form located at customer service.CANCELATIONS MUST BE IN WRITING VIA MAIL, EMAIL OR FAX. NO CANCELATION WILL BE ACCEPTED VIA TELEPHONE.
• Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, HOLEANDAHEARTBEAT will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
• All questions, complaints, or notices to HOLEANDAHEARTBEAT by means of electronic message must be sent to [email protected]
• In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished hereunder or to their use by customer.
• The subscriber hereby warrants and represents that he or she is over the age of 18 or of legal age in his or her community and in all respects is qualified and competent to enter into this agreement.
• This Agreement contains the entire agreement between the Subscriber and HOLEANDAHEARTBEAT regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by HOLEANDAHEARTBEAT.com and HAAH LLC. to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations.

This Agreement shall be governed pursuant to the laws of the United States of America.
This agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Q. COPPA STATEMENT
This web site is not directed to children under 13 years old. The policy of HOLEANDAHEARTBEAT and HAAH LLC, as the operator of this web site, is NOT knowingly trying to collect any personal information from children under 13, including "individually identifiable information," as defined by the Children's Online Privacy Protection Act (COPPA). If you are under 18, you should leave the web site without filling out any of the registration, entry, or other forms on this web site or otherwise providing any information about yourself. If HOLEANDAHEARTBEAT and HAAH LLC.. did knowingly collect personal information from children under 13, it would do so in accordance with COPPA.