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Terms of Use
All account holders, regardless if the order was placed online or by
telephone, are bound by these terms and conditions. These terms and
conditions supersede any statements made through email, chat session,
or contact of any kind with any NetCore Web Hosting Representative.
This Registration Agreement ("Agreement") also sets forth the terms and
conditions of your use of NetCore Web Hosting Registrar to register a
domain name on the Internet.
YOUR USE OF THE NetCore WEB HOSTING
SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE
AND ACCEPTABLE USE POLICY.
1. TERMS AND CONDITIONS
You
agree to familiarize yourself with these terms, and abide by them if
you choose to use the services to which such terms apply.
1a. REFUSAL OF SERVICE
NetCore
Web Hosting reserves the right at its sole discretion to refuse or
cancel service. Violation of any of NetCore Web Hosting’s Terms of
Service could result in a warning, suspension, or possible account
termination. Accounts may be terminated for any or no reason at all
without any prior notice to the customer. Accounts terminated due to
policy violations forfeit any and all refund(s).
2. USER CONDUCT
You
agrees to abide by all applicable local, state, national and
international laws and regulations regarding your use of our service(s).
2a. CUSTOMER ABUSE
We
have zero tolerance for abusive language and/or abusive behavior
towards our company and/or service we provide and/or our employees. Any
customer deemed at our sole discretion to be abusive to our company
and/or service we provide and/or our employees will result in immediate
irrevocable account termination without any refund. Threats to sue,
slander, libel, etc., are all considered forms of abuse and will result
in immediate irrevocable account termination without any refund.
2b. FORUM POSTS
We
have a zero tolerance policy for posting negative feedback on any
public forum about our company, service(s) and/or our employees before
submitting a ticket to our 'Customer Service' department to discuss
your issue, will result in immediate account termination without any
refund. Although it is your right to post feedback without discussing
your issue with us first, it is undoubtedly unfair and unprofessional
not to, which is not the type of client we want to deal with. We have
the utmost respect for all of our clients, and are more than fair with
all of our clients. We will do anything and everything possible to keep
all of our clients satisfied. But in the unlikely event you are not
satisfied, all that we ask is to discuss your issue with our Customer
Service department first. So if you are the type of person to run to
the forums at the first chance you get to complain, please do not sign
up with us.
3. USER ELIGIBILITY
You represent and warrant
that you, as the person legally responsible for all use of this
account, are at least 18 years of age. If you are under 18 years of
age, you must have parental consent in order to sign up, and the
account must be ordered by a parent or legal guardian, in their own
name. You agree to supply NetCore Web Hosting with a current and
truthful name, postal address and telephone number for our records, and
you have a continued obligation to keep this information current. You
also agree that you are an authorized user of any credit card that you
supply to us, and you understand and agree that we have an obligation
to fully investigate any possible fraudulent credit card use.
4. CONTENTS OF MESSAGES
You
are solely responsible for the contents of your messages and your
website and the consequences thereof. You agree not to do anything
which would restrict or inhibit any other user from using and enjoying
the Internet. You further agree not to use NetCore Web Hosting's
network to send any messages or material that are unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
constitute a criminal offense, give rise to civil liability or
otherwise objectionable material of any kind or nature or that
encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. NetCore Web Hosting
reserves the right to terminate your account if NetCore Web Hosting's
network becomes aware and determines, in its sole discretion, that you
are violating any of the foregoing guidelines.
4a. You are
responsible for ensuring that all Upload Materials will function
properly and as intended. You are responsible for all activity
originating from your website, unless proven to be a victim of outside
hacking or address forgery. You assume responsibility for all material
on your website that may be put on by a third party (such as the usage
of Free For All links pages). Use of the Services requires a certain
level of knowledge in the use of Internet languages, protocols, and
software, which can vary depending on your anticipated use and desired
content of your website. You acknowledge that you have the necessary
knowledge to create, modify and maintain your website. NetCore Web
Hosting assumes no responsibility to provide you with such knowledge.
4b.
You agree to comply with the requirements of the Digital Millennium
Copyright Act (the "DMCA") and acknowledge that NetCore Web Hosting is
a "service provider" under the DMCA and is therefore immune from
liability under the DMCA, including 17 U.S.C.? 512. Consistent with the
DMCA, NetCore Web Hosting will accommodate standard technical measures
used to identify and protect copyrighted works, and, as further
described herein, NetCore Web Hosting has a policy of terminating
accountholders who are repeat copyright infringers.
5. UNLAWFUL OF PROHIBITED USE
As
a condition of your use of NetCore Web Hosting web services you warrant
to NetCore Web Hosting that you will not use the NetCore Web Hosting
web service for any unlawful purpose. Transmission, distribution, or
storage of any information, data or material in violation of United
States or state regulation or law, international law, or by common law,
is prohibited. This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute. NetCore
Web Hosting reserves the right to remove such illegal material from the
NetCore Web Hosting network servers immediately.
6. SERVER ABUSE
Any
attempt to undermine or cause harm to a server, or customer is strictly
prohibited. We also may move your site or request cancellation if you
use a majority of system resources which affects other users.
6a. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
6b.
All accounts and customers using our services must adhere to all of our
policies. Failure to follow any term or condition will be grounds for
immediate account deactivation.
7. PASSWORD PROTECTED DIRECTORIES
Using
password protected directories to conduct illegal activities is
strictly prohibited. Sites that use password protected directories
where their use is not clear are subject to suspension while we
investigate the legality of the hidden content.
8. DOWNLOADABLE FILES
Collections
of download files are not permitted on shared web servers because they
slow the server down. A reasonable amount of download files can be
permitted if you keep the file size under 2000 k. Downloadable files
must be hosted on a download file server. Hosting accounts may not be
used as a download distribution point for your software or media. They
are to be used for standard web practices only.
10. TERMS OF PAYMENT
You
agree to pay NetCore Web Hosting appropriate payment for the services
received from NetCore Web Hosting, in advance of the time period during
which such services are provided. Payment may be made Smart Money,
Globe GCach, or Western Union. NetCore Web Hosting. You agree to
provide NetCore Web Hosting with current billing and contact
information and authorize NetCore Web Hosting to bill all account and
related charges to the information on file. You further agree that
until and unless you notify NetCore Web Hosting of your desire to
cancel any or all services received, those services will be billed on a
recurring basis. You agree that subscriptions will be billed and
charged automatically.
. Delinquent accounts are those that remain unpaid at the next due date.
10a.
Users (Shared Hosting) will have fifteen (15) days of due period to
make payment. After fifteen (15) days of due period your account is
considered delinquent, NetCore Web Hosting will suspend your account
and a 5% late fee will be assessed. After thirty (15) days of due
period, NetCore Web Hosting will terminate your delinquent account. All
files within the account will be deleted on termination and no backups
will be made. Reactivation of a terminated account has a fee of $20.00
(Approximate Php1000) plus fees due at the time of termination and you
will be responsible to upload your site with your own backup copy.
10b. Prices do not include domain registration.
10c.
No receipts or invoices will be sent by regular snail mail. If you
definitely require one, you will shoulder the mailing expenses.
10d.
Philippine residents have the option to pay in local currency through
the options provided by NetCore Web Hosting. Current options are Smart
Money, Smart Padala, Globe GCash, or Western Union.
10i. If you
wish to cancel your Web Hosting account, you must do so prior to your
next due date to avoid being charged for additional month(s) of
service. You may cancel your NetCore Web Hosting service(s) by login to
your Client Area > Select 'My Hosting Packages' > View Details
> Request Cancellation from within your Client Area which is located
at http://NetCorehosting.com/clients
10j. NetCore Web Hosting
does not offer a prorated refund based on the early cancellation of
your services. If you are on a multi-month payment interval and wish to
cancel a service prior to the end of the term, you will forfeit any
monies paid for the service(s). Once money has been received on an
account, this account will be considered under contract for the service
provided by NetCore Web Hosting for the term of agreement. This policy
is in effect for all accounts at NetCore Web Hosting. This only applies
if you have been with us more than 30-days.
11. WEB SITE CONTENT
Full
back-ups are made every two weeks. No guarantees are made of any kind,
either expressed or implied, as to the integrity of these back-ups.
Back-ups are made for server restoration purposes only. You (the
client) are responsible for keeping a copy of your most current web
site files as backup on a remote system. NetCore Web Hosting is not
responsible for any lost files, information, or data. However, if any
loss of data occurs due to an error of NetCore Web Hosting, NetCore Web
Hosting will use reasonable efforts to recover the data from the last
available backup at no charge to you. If data loss occurs due to your
negligence in securing an account or due to an action on your part,
NetCore Web Hosting will use reasonable efforts to recover the data
from the most recent archive for a $20.00 (Php1000) fee.
12. USER RESPONSIBILITIES
You
may not initiate sites that provide any of the following of the
following content or links on the NetCore Web Hosting servers:
Illegal
use: NetCore Web Hosting's services may not be used for illegal
purposes, or in support of illegal activities. NetCore Web Hosting
reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or
civil/international wrong doing.
Pirated Software (Warez) or any
software that is copyrighted and not freely available for distribution
without cost. To include software cracks.
Phreaking. Use of NetCore Web Hostings Hosting services for tricking telephone system is prohibited.
Archives. NetCore Web Hosting's servers will not be used to store music, video and program archives.
Anarchy. The use of NetCore Web Hosting's service for political disorder and confusion is prohibited.
Sexually explicit, obscene or pornographic content (whether in text or graphics) are prohibited.
Speech
or images that are offensive, profane, hateful, threatening, harmful,
defamatory, libelous, harassing, and discriminatory (whether based on
race, ethnicity, creed, religion, gender, sexual orientation, and
physical disability or otherwise) or that promote any illegal activity
are prohibited.
Collection of personal data (Web Spoofing): Use
of the NetCore Web Hosting service to collect, or attempt to collect,
personal information about third parties without their knowledge or
consent.
Graphic violence. NetCore Web Hosting's services will not
be used to upload or display any clear and uncensored depiction of
various violent acts.
Mirrored sites. Use of NetCore Web
Hosting's service as a file server that contains a duplicate set of
files of another file server, thereby sharing the burden of
distribution to ensure rapid availability of data when there is heavy
demand is prohibited.
Harm to minors: Use of the NetCore Web
Hosting service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
Threats: Use of
the NetCore Web Hosting service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
Harassment: Use of the NetCore
Web Hosting service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
Fraudulent
activity: Use of NetCore Web Hosting service to make fraudulent offers
to sell or buy products, items, or services, or to advance any type of
financial scam such as "pyramid schemes," "ponzi schemes," and "chain
letters."
Forgery or impersonation: Adding, removing or
modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information is prohibited.
The use of anonymous remailers or nicknames does not constitute
impersonation.
Unsolicited commercial e-mail / Unsolicited bulk
e-mail (SPAM): Use of the NetCore Web Hosting service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result in the immediate
termination of the offending NetCore Web Hosting account.
E-mail
/ News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate
termination of the offending NetCore Web Hosting account.
E-mail
/ Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the NetCore Web
Hosting service is in violation of this TOS.
Usenet SPAMing:
NetCore Web Hosting has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under the rules
of a newsgroup or mailing list or that are solicited by the recipients
are permitted.
Unauthorized access (Hacking): Use of the NetCore
Web Hosting service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures of
NetCore Web Hosting' or another entity's computer software or hardware,
electronic communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss of data, is
expressly prohibited and the offending NetCore Web Hosting account is
subject to immediate termination.
Copyright or trademark
infringement: Use of the NetCore Web Hosting service to transmit any
material (by e-mail, uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
Network
disruptions and unfriendly activity: Use of the NetCore Web Hosting
service for any activity which affects the ability of other people or
systems to use NetCore Web Hosting Services or the Internet. This
includes "denial of service" (DOS) attacks against another network host
or individual user. Interference with or disruption of other network
users, services or equipment is prohibited. Unauthorized entry and/or
use of another company and/or individual's account or service will
result in immediate account termination. NetCore Web Hosting will not
tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
Infringement of
Copyright, Patent, Trademark, Trade Secret, or Intellectual Property
Right: Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will result in the immediate
termination of the offending account.
Inappropriate Use of
Software: Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using NetCore Web Hosting
services could result in suspension service.
Third Party
Accountability: NetCore Web Hosting subscribers will be held
responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within the Acceptable
Use Policy.
Fraud: Involves a knowing misrepresentation or
misleading statement, writing or activity made with the intent that the
person receiving it will act upon it.
IRC networks: It is
absolutely forbidden to host an IRC server that is part of or connected
to another IRC network or server. Servers found to be connecting to or
part of these networks will be immediately removed from our network
without notice. The server will not be reconnected to the network until
such time that you agree to completely remove any and all traces of the
irc server, and agree to let us have access to your server to confirm
that the content has been completely removed. Any server guilty of a
second violation will result in immediate account termination.
Topsites:
It is absolutely prohibited to run a topsite script on NetCore Web
Hosting servers. Spammer sites will try to load the button.php
applications in the site simultaneously at a certain time, causing the
server to crash, and the network to be down.
12a. We will be the sole arbiter as to what constitutes a violation of this provision.
12b.
You agree not to interfere with the operation of the system. You
further agree not to interfere with the proper operation of other
systems reachable through the Internet, including any attempt at
unauthorized access. You agree to adhere to system policies as
published by NetCore Web Hosting, including restrictions on services
available with each service type, restrictions on certain features, and
all other policies. You agree to abide by any and all future NetCore
Web Hosting policy decisions. NetCore Web Hosting reserves the right to
terminate any account that does not conform to these requirements.
13. ZERO TOLERANCE SPAM POLICY
NetCore
Web Hosting takes a zero tolerance stance against sending of
unsolicited e-mail, commonly known as SPAM. Any user who sends out spam
will have their account terminated without notice, and may be charged a
one time administration fine of one hundred ($100) dollars if we can
show proof that the user sent the e-mail from our servers or network.
NetCore Web Hosting reserves the right to require changes or disable as
necessary any web site, account, database, or other component that does
not comply with this policy, at its sole discretion. NetCore Web
Hosting also reserves the right to make any such modifications in an
emergency at our sole discretion.
14. HOSTING SERVICE PROVIDER'S RIGHTS
You
agree that NetCore Web Hosting has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its subscribers.
NetCore Web Hosting reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this
agreement. NetCore Web Hosting also reserves the right to refuse
refunds in cases where NetCore Web Hosting believes abuse has taken
place.
14a. NetCore Web Hosting reserves the right to monitor
any and all communications through or with our facilities. You agree
that NetCore Web Hosting is not considered a "secure communications
medium" for the purposes of the ECPA, and that no expectation of
privacy is afforded.
14b. NetCore Web Hosting does not set a
usage limit on our Private Hosting customers, however if a customer
consumes large amounts of system resources, NetCore Web Hosting
reserves the right to send an e-mail notice to the customer and set a
limit on the customer's account.
14c. Any accounts that have
more than 10,000 INODES (INODES=pages) are deemed to be a potential
harm to the servers and should look at acquiring a VPS or Dedicated
Server. We can help with this.
Prohibited: Sending more than
1000 Emails per day to your subscriber, or forum members. Using up more
than 15% of the CPU usage per day. These are shared servers.
15. UPTIME GUARANTEE
NetCore
Web Hosting offers a 99% Uptime Guarantee. That means your web site is
guaranteed operational 99% of the time in any calendar month.
NetCore
Web Hosting guarantee 99 service uptime allows for 45 minutes of (HTTP)
service outage per month as defined here. NetCore Web Hosting will not
be held responsible for Service Outages resulting from non NetCore Web
Hosting operated equipment including, but not limited to, Internet NAP
failures or congestion and backbone failures. Additionally, NetCore Web
Hosting will not be held responsible for delays in the registration or
transfer of a domain due to third party-related issues, for outages
resulting from malfunctioning customer scripts or applications that are
installed by the customer, or for unusual traffic spikes or "denial of
service" attacks on customer web sites. We also have a strict Server
Abuse policy to avoid these unwanted cases, and PRO-Actively check
customer's website to assure a good hosting experience for EVERYBODY.
16. DOMAIN REGISTRATION
In
connection with requesting that NetCore Web Hosting assist you with
registration services, you represent and warrant the following: (a) the
registration you have asked NetCore Web Hosting to make is not made
with a "bad faith intent" (as that term is used in the
Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d)); (b) the
Domain Name does not conflict with another domain name; (c) to your
knowledge, the registration of the Domain Name will not infringe upon
or otherwise violate the rights of any third party; (d) you are not
seeking registration for an unlawful purpose; (e) you will not use the
Domain Name to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable usage
policies of the Internet, such as "netiquette"; and (f) you will not
knowingly use the Domain Name in violation of any applicable laws or
regulations, for any slanderous purposes, or in connection with the
distribution or receipt of child pornography. It is your responsibility
to determine whether the Domain Name registration infringes or violates
someone else's rights. You represent and warrant that all information
provided by you in connection with your Online Order form is complete
and accurate. NetCore Web Hosting makes no representation or warranties
of any kind regarding the availability, or the propriety of any use of,
any Domain Name requested by you. NetCore Web Hosting does not
represent or warrant that its services in connection with registration
of the Domain Name will prevent challenges to the Domain Name or shield
you in any way for liability for the use of the Domain Name.
16a.
NetCore Web Hosting is bound to use ICANN's dispute policy if any
person challenges the registration of the Domain Name you have selected
(the "Dispute Policy"), which can be found at
http://www.icann.org/dndr/udrp/policy.htm You agree that NetCore Web
Hosting, in its sole discretion, may cancel, transfer, suspend or
otherwise make changes to the domain registration if NetCore Web
Hosting (a) is in any way involved in a proceeding in connection with
the Dispute Policy, (b) receives any order from any court or arbitral
tribunal threatening or requiring such action, or (c) determines that
you have breached any of your representations and warranties in Section
1.2.
You understand that NetCore Web Hosting has no obligation to defend you
in the event any dispute arises in connection with the Domain Name.
16b.
As consideration for NetCore Web Hosting's domain name registration
services, you agree to pay all applicable registration fees and renewal
fees. Such registration fees and renewal fees are non-refundable. You
agree that NetCore Web Hosting will attempt to collect payment for a
one year renewal of your domain name registration 30 days prior to its
expiration date and renew your domain name accordingly, unless you
select to 'Disable Auto Renew' through your Client Area > My Domains
> View Details, located at http://NetCorehosting.com/clients/. If
NetCore Web Hosting is unable to collect payment for your domain name
registration, your domain name registration will not be renewed. To
renew your domain name manually, login to your Client Area located at
http://NetCorehosting.com/clients/. If you do not pay the renewal fees
by the time specified in the renewal notice, your registration will
expire. You agree that NetCore Web Hosting will have no liability
whatsoever with respect to any such expiration and that NetCore Web
Hosting may transfer the Domain Name in the event of any delinquency in
payment.
17. SCHEDULED MAINTENANCE
NetCore Web Hosting
will conduct routine scheduled maintenance of its Internet Data Centers
and Internet Data Center Services. In the event a mission critical
maintenance situation arises, NetCore Web Hosting may be required to
perform emergency maintenance at any time. During these scheduled and
emergency maintenance periods, Client's Equipment may be unable to
transmit and receive data and Client may be unable to access the Client
Equipment. Client agrees to cooperate with NetCore Web Hosting during
the scheduled and emergency maintenance periods.
18. REFUND POLICY
NetCore
Web Hosting will refund payments for the service within thirty (30)
days of account activation, with the exception of setup fees, domain
registration fees and additional options charges. No refunds will be
issued after thirty (30) days, whether in full or prorated. All refunds
will be issued back to the Smart Money, Globe GCash, or Western union
account within thirty (30) days of receipt of cancellation.
18a.
Accounts terminated by NetCore Web Hosting for violation of the Terms
of Service do not qualify for the 30-day money back guarantee. Account
setup fees and domain registration fees are not refundable.
19. TERMINATION
NetCore
Web Hosting may terminate this agreement and your access to any or all
NetCore Web Hosting related services at any time, with or without
cause, effective immediately. NetCore Web Hosting shall have no
responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of
notification. Anyone determined by NetCore Web Hosting to have violated
these Terms may be barred from receiving any services from NetCore Web
Hosting.
19a. You may terminate this Agreement at any time via
Client Area. You may not terminate the account via the telephone or
e-mail, nor does simply canceling the PayPal subscription terminate an
account. No refund shall be issued. All termination requests must be
received by NetCore Web Hosting by midnight on the end of the current
billing period in order to avoid paying for the next term's service.
Account cancellations for accounts with a negative balance will be
passed on to collections, and all services rendered to the party with
the negative balance, including domain registrations, will be
terminated.
20. DISCLOSURE TO LAW ENFORCEMENT
The TOS
specifically prohibits the use of our service for illegal activities.
Therefore, subscriber agrees that NetCore Web Hosting may disclose any
and all subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agency that requests
such information, provided they posses the proper court-approved
warrant, without consent or notification to the subscriber.
21. RELATIONSHIP OF THE PARTIES
Nothing
contained in this Agreement shall be construed as creating any agency,
legal representative, partnership, or other form of joint enterprise
between the parties. Neither party shall have authority to contract for
or bind the other in any manner whatsoever.
22. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
THE
NetCore WEB HOSTING WEB SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NetCore WEB
HOSTING EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE
NetCore WEB HOSTING SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NetCore
WEB HOSTING, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY;
NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
22a. UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NetCore WEB HOSTING, OR
ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE THE NetCore WEB HOSTING WEB SERVICE, INCLUDING BUT NOT LIMITED TO
RELIANCE ON ANY INFORMATION OBTAINED ON THE NetCore WEB HOSTING
SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS,
DEFECTS, VIRUSES, 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 NetCore WEB
HOSTING RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS
PROVISION WILL APPLY WHETHER OR NOT NetCore WEB HOSTING IS GIVEN NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY
TO ALL SERVICES AVAILABLE FROM NetCore WEB HOSTING AND ITS AFFILIATES.
22b.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL
DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON
BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR
OTHERWISE.
22c. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
23. COPYRIGHT AND TRADEMARKS
All
contents of the NetCore Web Hosting Web Site are proprietary to NetCore
Web Hosting, and/or its suppliers and are protected under Copyright.
All rights are reserved. NetCore Web Hosting reserves any rights not
expressly granted herein.
23a. Furthermore, NetCore Web Hosting
retains all rights to the web design provided to you through the
NetCore Web Hosting Web Services.
24. FORCE MAJEURE
If by
reason of failures of telecommunications or internet service providers,
labor disputes, riots, inability to obtain labor or materials,
earthquake, fire or other action of the elements, accidents,
governmental restrictions or other causes beyond the control of NetCore
Web Hosting, NetCore Web Hosting is unable to perform in whole or in
part its obligations as set forth in this Agreement, then NetCore Web
Hosting shall be relieved of those obligations to the extent it is so
unable to perform and such inability to perform shall not make NetCore
Web Hosting liable to the User.
25. SEVERABILITY
If any
provisions of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid or enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
26. SURVIVABILITY
The
terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely - warranty,
indemnification, liability and limits thereon, rights and obligations
upon and following termination and assignment.
27. INDEMNIFICATION
You
agree to defend, indemnify and hold harmless NetCore Web Hosting
against any and all claims, losses, penalties, causes of action,
damages, liability, costs, expenses (including but not limited to
reasonable attorneys' fees) or claims caused by or resulting indirectly
from your use of the NetCore Web Hosting service, without limitation or
exception, including your violation of any third-party's rights,
(including, without limitation, infringement of any copyright
trademark, service mark, trade secrets, right of privacy or publicity
or any other third party right). The terms of this section shall
survive the termination of your relationship with.
28. REMEDY
You
agree that your sole and exclusive remedy to any issues relating to the
NetCore Web Hosting Hosting Service is to discontinue using the Service.
29. ASSIGNMENT
In
the event of a merger or consolidation of NetCore Web Hosting, the
surviving or new corporation and any subsidiaries are similarly subject
to the rights and obligations of this Agreement.
30. ENTIRE AGREEMENT
Unless
otherwise specified herein, this Agreement constitutes the complete and
exclusive statement of the Agreement between the parties regarding the
products and services provided hereunder, and supersede any prior
Agreements between the parties with respect thereto.
31. WAIVER
The
failure of NetCore Web Hosting to enforce a provision of this Agreement
shall not be construed as a waiver or limitation of NetCore Web
Hosting's right to subsequently enforce and compel strict compliance
with every provision of this Agreement.
32. MODIFICATION OF TERMS
NetCore
Web Hosting reserves the right to modify this policy at any time and
without advance notice, effective upon making the modified provisions
available on the NetCore Web Hosting Web Site. You are responsible for
regularly reviewing these documents. Continued use of the NetCore Web
Hosting Services after any such changes shall constitute your consent
to such changes. NetCore Web Hosting does not and will not assume any
obligation to notify you of any changes to these Terms
If you do
not accept or understand any part or parts of our 'Terms of Service and
Policies', please contact us immediately prior to signing up with our
service.
By subscribing to and/or utilizing our services, you agree
to accept, comply, and understand all of our 'Terms of Service and
Policies' in full. |
Current ForEx
Currency data courtesy coinmill.com
ACCEPTED PAYMENTS
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