This
Agreement, is made and entered by Core Hosting
a Web Hosting Service, ("Provider"), and you,
("User").
Intending
to be bound in accordance with the terms hereof,
the parties agrees as follows:
A.
Payment for Service:
1.User
agrees to pay the charges identified on order
request on or before the first day of the anniversary
of account setup each month following execution
of this agreement, together with any additional
charges, costs or assessments made by Provider
under the terms here.
2.User
agrees that any unpaid balance due hereunder shall
bear interest at the rate of 18% per annum, and
that costs of collection, including court costs
and reasonable attorney fees shall be added as
principal amounts to such balance.
B.
Use of Service:
1.User
agrees to maintain its site in a manner consistent
with any and all applicable laws, regulations,
acceptable uses and standards in effect, or which
become in effect, during the term hereof.
2.User
agrees to practice common courtesy in its use
of the site, and to refrain from using any distribution
lists for electronic mail or other techniques
for unsolicited mass mailing. Spamming of any
kind is grounds for immediate termination. And
will result in a fine of $100.00 per email sent.
3.User
agrees the Provider provides a multi-user system,
and as such User may be asked to move to a dedicated
server if his site uses up more than 10% of system
resources.
C.
Service Disclaimers:
1.Provider
will take all steps reasonable, necessary and
prudent to protect against failure of its equipment
and software. User acknowledges and agrees that
temporary interruptions in service may occur,
and that Provider shall have no liability to User
for any claim, cost, charge, loss or expense arising
from or relating to use of the website.
2.User
acknowledges and agrees that data may be lost
or corrupted in connection with use of the website.
Provider will perform regular back-ups of all
data stored on behalf of User, but shall have
no liability to User in the event all data is
lost or destroyed. User acknowledges and agrees
that, in the event restoration of data from backup
is necessary, it may take several days to complete
such restoration of data and operation of the
website.
3.Provider
reserves the right to alter the access procedure
and its vendor relations without notice to, or
authority from the User.
B.
Term and Termination:
1.This
agreement shall have an initial term of one month
from the date of execution hereof, unless otherwise
specified by sign up request. Upon expiration
of such term, this agreement shall automatically
renew for successive equivalent periods, unless
notice is given by either party of its intent
to terminate the agreement, at least one week
prior to the scheduled termination date. All terms
and conditions of this agreement shall be in full
force and effect during all original and renewal
periods hereunder.
2.User
has 30 days from date of account setup to be eligible
for a refund. If User requests a refund in this
time period, User will receive a refund in the
amount of their initial monthly payment. User
will not receive a refund for any setup fees or
bandwidth used.
3.Provider
reserves the right to terminate this agreement,
and to delete the website from its hardware, immediately
upon the occurrence of any of the following events:
a.
Non payment of any charges due from User.
b.
Breach of any term or condition of this agreement
by User.
c.
Commencement of any lawsuit or proceeding against
User arising from or relating to its use of the
website,whether or not such suit names Provider
as a party or seeks and recovery from Provider.
d.
The existance of illegal content to include child
pornography and beastiality.
E.
Indemnification of Provider/Relationship of Parties:
1.User
agrees to indemnify and hold Provider harmless
from any lawsuit, claim, charge, or expense, including
reasonable attorney fees and costs of defense,
for any matter arising from or relating to User's
website provided hereunder.
2.Nothing
contained herein shall be deemed to create a relationship
between the Provider and User in the nature of
a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge and agree
that Provider has no interaction with the data
or substance of User's website, except as necessary
to maintain the website.
F.
Security/Software:
1.User
agrees to take all steps reasonable, necessary,
and prudent to protect User's login id and password.
2.User
agrees not to attempt to undermine or cause harm
to any server or customer of Provider.
3.User
acknowledges that Provider cannot provide technical
support for any software and/or script that the
User installs, other than variable name changes.
User also acknowledges Provider does not supply
technical support for Microsoft FrontPage.
G.
Content:
1.The
provider believes in freedom of speech. As long
as the User's content does not break any Federal,
State, or local laws it will be allowed to exist
on the User's website.
2.Users
are responsible for any content they place on
their web site, or any content they allow via
anonymous ftp.
3.If
the User wishes to have an adult oriented site,
or a site dealing with "hacking and warez", the
User must place a disclaimer on the User's main
page stating that User's views and content no
way reflect the views or beliefs of the Provider,
and the Provider is not responsible for anything
on the User's pages and/or anonymous ftp.
4.Although
the Provider will never sell the personal information
of the User, the Provider will fully cooperate
with all law enforcement if a User has suspected
of having broken Federal, State, or local law.
5.The
Provider reserves the right to remove any page(s)
at any time, for any reason.
H.
Scope of Agreement:
This
agreement must be honored by all sub domains and
dedicated servers of the Provider.
