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Web Hosting Terms and Conditions
These are the terms and conditions (the “agreement”) applicable to the purchase and sale of Hosting Services among you (“Customer”, “you” or “your”) and Arnoldo Tijerina-Garza and/or Uncut Design. together with any third party e-commerce store vendors. (Collectively, “Uncut Design”). IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY UNCUT DESIGN WITHIN THREE (3) DAYS OF YOUR ORDER DATE, AND THE SERVICES WILL BE CANCELED, A REFUND OF ANY FUNDS ALREADY PAID WILL BE ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE TO NOTIFY UNCUT DESIGN OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
IN ADDITION, THE CUSTOMER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM Uncut Design, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS WILL BE PRESENTED TO THE CUSTOMER AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE CUSTOMERS' OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND AT WWW.UNCUTDESIGN.COM
Uncut Design reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Uncut Design may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Uncut Design's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Uncut Design will provide Customer with the following services (the "Service"). This Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Uncut Design and describes the terms and conditions that apply to such purchase and use of the Services. For purposes of this Agreement, the Hosting Services include the E-Commerce Hosting Services.
1. Payment.
As consideration for Uncut Design providing the Hosting Services hereunder, Customer agrees to pay Uncut Design the aggregate monthly fee based on the monthly hosting services and the term selected. Uncut Design reserves the right to adjust its hosting fees from time to time without prior notice to Customer.
2. Provision of Services.
Uncut Design will provide Customer with the Services ordered that are described in the order summary. Customer understands and agrees that Uncut Design will host the Web site solely in accordance with the information provided by Customer.
3. Limited License to the Background Technology.
"Background Technology" means computer programming & formatting code or operating instructions developed by or for Uncut Design and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, check boxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content or any derivatives, improvements, or modifications of Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Uncut Design. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Uncut Design. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
4. Limited License to Content.
Customer hereby grants to Uncut Design the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Customer Web site, any Customer Content, or any Customer Marks provided to Uncut Design hereunder, solely for the purpose of rendering Uncut Design's Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
5. Content Standards.
Customer agrees not to provide Customer Content, and Uncut Design will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Uncut Design reserves the right to refuse any other subject matter it deems inappropriate.
6. Support.
Uncut Design agrees to provide reasonable technical support to Customer during Uncut Design's normal technical support hours. Uncut Design additionally agrees to provide customer service support in the form of e-mail and telephone during Uncut Design's normal customer support hours.
7. Term and Termination.
(a) This Agreement is effective as of the first day service is rendered and shall continue unless terminated; (b) Uncut Design may terminate this Agreement immediately and without notice to Customer if Customer breaches this Agreement; and (c) upon the termination of this Agreement, Customer will pay Uncut Design for all Services provided to Customer by Uncut Design prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
8. Warranty Disclaimer.
Except as expressly provided in this Agreement, the Services are provided "as is," and Uncut Design expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Uncut Design will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Uncut Design to a Customer will be deemed accepted when delivered.
9. Indemnity.
(a) Customer Indemnity. Customer will defend Uncut Design against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Uncut Design for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Uncut Design as a result of any such third-party claim, action, suit, or proceeding. (b) Uncut Design's Indemnity. Uncut Design will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Uncut Design shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third-party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
10. Limitation of Liability.
UNCUT DESIGN's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Uncut Design DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. UNCUT DESIGN SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF UNCUT DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, UNCUT DESIGN WOULD NOT ENTER INTO THIS AGREEMENT.
11. Miscellaneous.
This Agreement shall be governed solely by the laws of the State of Florida, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Florida, with sole venue in the courts located in Nassau County, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Uncut Design. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
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