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:: TERMS & CONDITIONS
COORAY - SMART WEB SOLUTIONS (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
THE CUSTOMER SHALL NOT ENGAGE IN ANY CONDUCT WHICH IN THE SOLE DISCRETION OF COORAY, RESTRICTS OR INHIBITS ANY OTHER USER, WHETHER A USER OF THE SERVICES OR A USER OF ANY OTHER SYSTEM, FROM USING AND ENJOYING THE SERVICES, OR OTHER INTERNET SERVICE.
YOU AGREE THAT THE SUBJECT MATTER YOU DISPLAY CAN BE RESTRICTED AT ANY TIME AND FOR ANY REASON, AND MUST THEN BE REMOVED FROM PUBLIC DISPLAY. COORAY IS NOT RESPONSIBLE FOR FILES AND DATA RESIDING ON THE CUSTOMER'S ACCOUNT. SPAM EMAIL - WE DO NOT ALLOW OUR RESOURCES TO BE USED IN ANY WAY TO FACILITATE THE SENDING OR SENDING OF SPAM MAIL (UNSOLICITED COMMERCIAL EMAIL) YOU AGREE COORAY RESERVES THE RIGHT TO REFUSE HOSTING SERVICES TO ANY SITE WHOSE PURPOSE IS TO ENGAGE IN THE DISTRIBUTION OF "ADULT ORIENTED MATERIAL." CUSTOMER SPECIFICALLY AGREES NOT TO MAKE ANY ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY SYSTEMS OR NETWORKS CONTAINED EITHER WITHIN OR OUTSIDE OR UNDER THE DIRECT CONTROL OF COORAY.
COORAY MAY USE THE COMPANY NAME AND/OR COMPANY URL OF ANY COORAY CUSTOMER FOR THE PURPOSES OF MARKETING. CUSTOMER UNDERSTANDS THAT THE INTERNET AND OTHER VARIOUS NETWORKING COMMUNICATION MEDIUMS ARE NOT SECURE, UNLESS EXPLICITLY SPECIFIED AS SUCH, AND MAY BE SUBJECT TO INTERCEPTION OR LOSS. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. COORAY MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR TITLE, USABILITY, CONDITION, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, OR ACCURACY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER AGREES NOT TO HOLD COORAY RESPONSIBLE FOR ANY LOSSES SUFFERED AS A RESULT OF USING OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING FROM SERVICE DELAYS AND INCOMPLETE OR INTERRUPTED SERVICE, REGARDLESS OF CAUSE.
THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS COORAY IN ANY LEGAL ACTION CAUSED BY OR RESULTING INDIRECTLY FROM THE USE OF OUR SERVICES, WITHOUT LIMITATION OR EXCEPTION. THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT EXTENDS TO ALL ISSUES ASSOCIATED WITH YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO DOMAIN NAME SELECTION AND WEB SITE CONTENT.
COORAY WILL NOT BE HELD LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES DUE TO ANY UNAUTHORIZED USE OF A BUSINESS OR PROFESSIONAL WEB SITE DESIGNED BY COORAY. THIS INCLUDES, BUT IS NOT LIMITED TO, HYPERLINKED WEB SITES, LOST PROFITS, BUSINESS INTERRUPTION DUE TO SERVER DOWNTIME, LOSS OF DATA OR ANY OTHER CAUSE, EVEN IF EXPRESSLY ADVISED. COORAY DOES NOT PROVIDE ASSURANCE THAT FUTURE RESULTS, BENEFICIAL OR HARMFUL, WILL BE ACHIEVED THROUGH THE DESIGN AND IMPLEMENTATION OF ANY WEB SITE. INFORMATION PROVIDED BY ANY COMPANY IS THE SOLE RESPONSIBILITY OF THAT COMPANY, NOT COORAY, AND IS THEREBY SUBJECT TO THE EXCLUSION OF ANY WARRANTY OR GUARANTEE.
COORAY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY COPYRIGHT INFRINGEMENT OR VIOLATIONS BY THE USE OF ANY OR ALL CLIENT-PROVIDED MATERIALS, INCLUDING COMPANY LOGOS. WE RESERVE THE RIGHT TO DECLINE THE USE OF ANY QUESTIONABLE MATERIALS. WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY OR ALL-CONTENT, ACCURACY OF INFORMATION CONTAINED ON WEB PAGES, LINKED PAGES OR COPYRIGHT VIOLATIONS THAT MAY ARISE FROM ANY OR ALL LINKED PAGES.
IT IS THE SOLE RESPONSIBILITY OF ALL CLIENTS TO OBTAIN COPYRIGHT OR EXPRESS WRITTEN PERMISSION FROM THE ORIGINAL CREATOR OF ANY COMPANY LOGO, OR AUTHOR OF SUBMITTED MATERIALS, PRIOR TO SUBMISSION OF WORK THAT HAS NOT BEEN PERSONALLY PRODUCED BY THE CLIENT. ALL WRITTEN PERMISSIONS MUST CONTAIN ORIGINAL SIGNATURES OF THE ARTIST OR AUTHOR AND MUST ACCOMPANY ALL MATERIALS SUBMITTED TO COORAY FOR PROCESSING.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEB SITE. THESE TERMS AND CONDITIONS, HOWEVER, DO NOT APPLY TO THE COMPANY'S PRODUCTS OR SERVICES, WHICH ARE THE SUBJECT OF SEPARATE AGREEMENTS.
YOU HAVE A NONEXCLUSIVE; NONTRANSFERABLE, LIMITED, REVOCABLE RIGHT TO USE THE WEB SITE SOLELY FOR YOUR INFORMATIONAL USE IN EVALUATING THE COMPANY AND ITS PRODUCTS AND SERVICES. YOU MAY NOT USE THE WEB SITE FOR ANY OTHER PURPOSE WITHOUT THE COMPANY'S EXPRESS PRIOR WRITTEN CONSENT, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL PURPOSE. FOR EXAMPLE, YOU MAY NOT AND MAY NOT AUTHORIZE ANY OTHER PERSON OR ENTITY ("PERSON") TO FRAME THE WEB SITE OR ANY PORTION THEREOF (WHEREBY THE WEB SITE OR A PORTION THEREOF WILL APPEAR ON A USER'S SCREEN WITH A PORTION OF ANOTHER WEB SITE, OR WITH CONTENT OR ADVERTISING OF ANY PERSON WITHOUT THE COMPANY'S CONSENT), OR CO-BRAND THE WEB SITE OR ANY PORTION THEREOF. "CO-BRANDING" MEANS THE DISPLAY OF A NAME, LOGO, TRADEMARK, OR OTHER MEANS OF ATTRIBUTION OR IDENTIFICATION OF ANY PERSON IN SUCH A MANNER REASONABLY LIKELY TO GIVE A USER OF THE WEB SITE THE IMPRESSION THAT SUCH THE PERSON IS ASSOCIATED OR AFFILIATED WITH THE COMPANY, OR HAS THE RIGHT TO DISPLAY, PUBLISH, TRANSMIT OR DISTRIBUTE THE WEB SITE OR CONTENT ACCESSIBLE WITHIN THE WEB SITE. IN ADDITION, YOU MAY NOT AND MAY NOT AUTHORIZE ANY PERSON TO LINK TO ANY PART OF THE WEB SITE WITHOUT THE COMPANY'S PRIOR WRITTEN CONSENT. YOU AGREE TO COOPERATE WITH THE COMPANY IN CAUSING ANY UNAUTHORIZED FRAMING, CO-BRANDING, AND LINKING OR SIMILAR ACTIVITY TO IMMEDIATELY CEASE. YOU MAY NOT TAKE ANY ACTION THAT VIOLATES OUR ACCEPTABLE USE POLICY.
PROPRIETARY INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN THE COMPANY AND YOU, THE COMPANY IS THE OWNER OF ALL RIGHT, TITLE AND INTEREST IN THE WEB SITE AND ALL CONTENT ACCESSIBLE WITHIN THE WEB SITE (THE "CONTENT"), INCLUDING, WITHOUT LIMITATION, ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, PATENT RIGHTS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS WITH RESPECT THERETO. YOU WILL NOT REPRODUCE, TRANSMIT, PUBLISH OR DISTRIBUTE SUBLICENSE OR OTHERWISE TRANSFER OR MAKE AVAILABLE TO OTHERS, OR EDIT, MODIFY OR CREATE ANY DERIVATIVE WORKS OF ALL OR ANY PART OF THE WEB SITE OR THE CONTENT, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE COMPANY, OTHER THAN LIMITED PRINTED COPIES OF MATERIALS THAT YOU MAY NEED FOR YOUR OWN USE AND THAT CONTAINS ALL OF THE COMPANY'S COPYRIGHT AND OTHER NOTICES.
DISCLAIMER.
YOU WILL HAVE ACCESS TO A VARIETY OF THIRD-PARTY SOURCES OF CONTENT THROUGH THE USE OF THE WEB SITE AND THE INTERNET. THE COMPANY HAS MADE NO EFFORT TO VERIFY THE ACCURACY OR SUITABILITY OF ANY INFORMATION CONTAINED IN ANY SUCH SOURCES, INCLUDING, WITHOUT LIMITATION, ANY OTHER WEB SITE THAT YOU CAN LINK TO FROM THE WEB SITE. ACCORDINGLY, THE COMPANY HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY CONTENT PROVIDED BY ANY OTHER PERSON CONTAINED ON OR OBTAINED THROUGH THE WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS, USE OR RELIANCE ON ANY SUCH THIRD PARTY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND THAT, EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY THE COMPANY, THE COMPANY DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, PRODUCTS OR SERVICES OF ANY OTHER PERSON ON THE WEB SITE OR THE INTERNET IN ANY WAY. YOU ALSO UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEB SITE OR THROUGH THE INTERNET WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE THAT MAY ADVERSELY EFFECT YOU, YOUR COMPUTER OR COMPUTER SYSTEMS, OR YOUR DATA OR FILES. IN ADDITION, YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEB SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
PRIVACY POLICY.
THE COMPANY COLLECTS, STORES AND USES DATA COLLECTED FROM YOU IN ACCORDANCE WITH THE COMPANY'S PRIVACY POLICY.
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
INDEMNITY.
YOU WILL INDEMNIFY AND HOLD THE COMPANY, ITS LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR ANY OTHER TERMS, CONDITIONS, POLICIES OR PROCEDURES CONTAINED ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED
PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE
INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE WEB SITE.
UPTIME GUARANTEE.
WE UNDERSTAND THAT YOU ARE SERIOUS ABOUT YOUR WEBSITE. COORAY IS ALSO SERIOUS ABOUT ENSURING YOUR WEBSITE IS ACCESSIBLE 24 HOURS A DAY, 365 DAYS A YEAR. IN FACT WE'RE COMMITTED TO THIS. IF YOUR DOMAIN IS UNREACHABLE FOR MORE THAN 0.9% OVER THE ENTIRE YEAR AS A RESULT OF A FAILURE OF OUR NETWORK OR EQUIPMENT, WE WILL CREDIT YOUR ACCOUNT WITH 50% OF YOUR HOSTING BILL. FURTHER IF YOUR DOMAIN IS UNREACHABLE FOR MORE THAN 1.5% OVER THE ENTIRE YEAR AS A RESULT OF A FAILURE OF OUR NETWORK OR EQUIPMENT, WE WILL REFUND YOU 100%. YES 100%.
ON-LINE PROBLEMS OCCUR CONTINUOUSLY.
THERE MIGHT COME A TIME WHEN YOU CANNOT ACCESS YOUR WEBSITE OR ANY OTHER SERVICE. THIS IS NOT NECESSARILY DUE TO COORAY. PERHAPS YOUR ISP IS EXPERIENCING TECHNICAL DIFFICULTIES, OR THERE MIGHT BE A ROUTING PROBLEM BETWEEN YOUR ISP AND COORAY, MAKING COMMUNICATION DIFFICULT OR IMPOSSIBLE.
COORAY WILL NOT, UNDER ANY CIRCUMSTANCES, SELL OR REVEAL ANY PERSONAL INFORMATION, COMPANY LOGO, ORIGINAL ARTWORK OR ORIGINAL WRITTEN MATERIAL BELONGING TO A CLIENT TO ANOTHER PARTY. WE HOLD OUR COMPANY TO THE HIGHEST STANDARDS OF EXCELLENCE AND WILL CONTINUALLY STRIVE TO ESTABLISH AND MAINTAIN A CLIENT'S VALUED TRUST BY PROVIDING A PERSONALIZED SERVICE DEDICATED TO A CLIENT'S BUSINESS AND/OR PROFESSIONAL REQUIREMENTS.
COPYRIGHT ©1997 - 2003 COORAY - SMART WEB SOLUTIONS
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