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Web Hosting Terms & Conditions

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In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:

    1. Terms

      Subject to the terms and conditions of this Agreement, core3 Solutions will provide Web Hosting services for Client subject to the following terms:

      Service Start Date
      The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Core3 Solutions’ receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.

      Reservations of Service
      core3 Solutions reserves the right to deny service to any Client, or would be Client, for any reason, with or without prejudice.

      Renewal by Client
      This Agreement will automatically renew until canceled in writing by Client. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any revisions of Terms and price changes. Renewal fees for the following month of service will be automatically invoiced to Client’s account.

    2. Terms of Payment

      Terms of payment are C.O.D. unless credit approval has been granted by core3 Solutions. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.

    3. Proprietary Information

      Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any core3 Solutions program, code or technology delivered to Client or any portion thereof.

    4. Warranties

      core3 Solutions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. core3 Solutions also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including, but not limited to, loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client, weather conditions, natural disasters or other acts of God, action of any governmental or military authority, failure caused by telecommunication or other Internet provider, or other forces or occurrences beyond core3 Solutions’ control. The exclusive remedy against core3 Solutions, for any damages whatsoever to Client arising out of or related to this Agreement shall not exceed the fees paid by Client directly to core3 Solutions with respect to the then current term of this Agreement. Use of any information obtained by way of core3 Solutions is at Client's own risk, and core3 Solutions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. core3 Solutions does not represent guarantees of speed or availability of end-to-end connections. core3 Solutions expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. core3 Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

    5. Limit of Liability

      core3 Solutions shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of core3 Solutions’ services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. core3 Solutions reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.

    6. Lawful Purpose

      Customer may only use core3 Solutions’ servers for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on core3 Solutions’ server. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use core3 Solutions web hosting servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at core3 Solutions. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

    7. Trademarks and Copyrighted Material

      Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with any service provided by core3 Solutions.

    8. Taxes

      core3 Solutions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or core3 Solutions’ hosting environment. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

    9. Hardware, Equipment, & Software

      The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the core3 Solutions hosting servers. core3 Solutions makes no representations, warranties or assurances that the Customer's equipment will be compatible with the core3 Solutions web hosting service.

    10. Email Retention

      In order to protect the integrity and availability of system resources, core3 reserves the right to routinely remove messages classified as SPAM after 90 days, messages located in trash folders after 90 days, and messages located in catch-all accounts after 30 days.

    11. Coming Soon Page

      All domains hosted through core3 Solutions will be initially setup with a "Coming Soon" web page that informs customers their domain name is hosted by core3 Solutions. The "Coming Soon" page can be deleted by the customer at any time after hosting account setup.

    12. Termination

      It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts or any other software installed on core3 Solutions servers. core3 Solutions reserves the right to, immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources. core3 Solutions also reserves the right to terminate or limit service at its sole discretion. Examples of reasons for termination include, but are not limited to: 1) failure to comply with any provisions of the Agreement with or without written notice from core3 Solutions of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) falsifying any User information provided to core3 Solutions or to other Users of the service in connection with the use of a core3 Solutions service, 4) upon mutual agreement in writing of core3 Solutions and Client.

    13. Disputes

      If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

    14. Indemnification

      Client shall indemnify and hold core3 Solutions harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against core3 Solutions directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

    15. Modification of Agreement

      core3 Solutions reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. core3 Solutions reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.

    16. Transfer

      Customer may not transfer this contract without the written consent of core3 Solutions.

    17. General

      If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. Exclusive jurisdiction and venue shall be in the Oakland County, Michigan Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

 

 

 

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