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CoreNetworks.net - Terms of Service (TOS)
This CoreNetworks Terms of Service (this "Agreement") and the CoreNetworks
Acceptable Use Policy ("AUP") govern your
purchase and use of all CoreNetworks services (collectively, the "Services"), as
described in the Order Form(s) submitted by you and accepted by CoreNetworks
("Service Order"). Acceptance of any terms or conditions different from those
contained herein by CoreNetworks will not be deemed by provision of service, but
only by electronic or written signature of an officer of CoreNetworks. You must
register and accept the terms of this Agreement and the AUP in order to use the
Services.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND
AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL
POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
CoreNetworks may modify any of the terms and conditions contained in this
Agreement and the AUP, at any time, in its sole discretion. Any modifications
are effective upon posting of the revisions on the CoreNetworks web site (the
"Site"). Your continued use of the Services following CoreNetworks posting of
any modifications constitutes your acceptance of the modifications. If you do
not agree to the terms of any modification, do not continue to use the services
and immediately notify CoreNetworks of your termination of this Agreement in the
manner described in the section below.
CoreNetworks agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
The use of CoreNetworks service constitutes acceptance and agreement to
CoreNetworks AUP as well as CoreNetworks TOS (Terms of Service).
Term and Payment for Services
Term: This Agreement will be for an initial "Term" of 1 month from the date the
Services are first provided by CoreNetworks. This Agreement will be
automatically renewed (the "Renewal Term") at the end of the Initial Term or any
Renewal Term for a period of thirty (30) days unless you provide CoreNetworks
with written notice of termination at least five days (5) before the end of the
Initial Term or Renewal Term (also referred to interchangeably and collectively
as "Term"), whichever is then applicable. To provide your notice of termination,
you must submit a ticket to the Billing department
from an authorized account contact to initiate the cancellation of
your service. Pricing and duration of Terms may be modified only if in writing
(such as a Service Order) signed by CoreNetworks.
Termination
This Agreement may be terminated: (i) by you or CoreNetworks during any Renewal
Term, without cause, by giving the other party no less than five (5) days prior
written notice, or a greater number of days prior notice if specified in a
Service Order accepted by CoreNetworks; (ii) by CoreNetworks in the event of
nonpayment by you as provided in the section below or (iii) by CoreNetworks, at
any time, without notice, if, in CoreNetworks sole judgment, you are in
violation of any terms or conditions of the AUP. If you terminate this
Agreement, or if CoreNetworks terminates this Agreement for your breach, before
the end of the Initial Term or the Renewal Term, whichever is then applicable,
you will be required to pay immediately and without setoff or delay all charges,
fees and costs accrued before the termination date, all monthly recurring fees
for each month remaining in the Term and any other amounts including, but not
limited to, bandwidth overage charges that you owe to CoreNetworks under this
Agreement.
Charges
You will immediately pay all charges for your use of the Services at the then current
CoreNetworks prices for that category of service or any special offer applicable
to your account as determined by CoreNetworks. You are responsible for paying
all federal, state, and local sales, use, value added, excise duty and any other
taxes assessed with respect to the Services, other than taxes based on
CoreNetworks net income. If you default on any of your obligations under this
Agreement and CoreNetworks must engage a collections effort to collect past due
sums associated with your use of Services, you are responsible for all costs of
collection of all amounts owed under this Agreement, including reasonable
attorney's fees of CoreNetworks.
Your Order Form specifies either a capped-unmetered rate, or a bandwidth usage
amount. This represents the amount of bandwidth that your account is
provided, or are allowed to use for each calendar month. For
burstable and bandwidth limited accounts, if you exceed this allotment for any
reason in any calendar month, even if you have cancelled service with
CoreNetworks during the month, you will be charged overage bandwidth at a rate
of $.50 per gigabyte. Bandwidth billing is done in arrears, and you will receive
your bill for overage bandwidth during the first week of the following month
that the overage occurred. It is your responsibility to monitor your bandwidth
usage and to pay for all overages. If you are a reseller, it is your
responsibility to monitor the bandwidth usage of your client(s) as you are
solely responsible for any and all overages incurred by them.
Payment and Fees
You will pay all charges for the first month of service in advance on the first
day of the Initial Term. You will pay all subsequent charges for Services in
their entirety in advance on the anniversary day of each successive month. You
must pay for the Services by credit card. You authorize CoreNetworks to charge
your credit or debit card to pay for any charges that may apply to your account.
You have a specific obligation to immediately notify CoreNetworks of any changes
to your card account (including applicable account number or cancellation or
expiration of the account, your billing address, or any information that may
prohibit CoreNetworks from properly charging your account). Failure to
immediately and fully pay your fees for Services and applicable taxes when
invoiced by CoreNetworks shall be a material breach of this Agreement,
justifying CoreNetworks to suspend its performance and terminate this Agreement.
If CoreNetworks terminates this Agreement for your material breach, you will be
required to pay immediately all fees and costs accrued before the termination
date, and any other amounts you owe to CoreNetworks under this Agreement
including, but not limited to, bandwidth overage charges. You are responsible
for any costs that CoreNetworks incurs in enforcing collection, including
reasonable attorneys' fees, court costs and collection agency fees.
Credit cards that are declined for any reason when Services are invoiced are
subject to an additional processing fee. Service will be immediately interrupted
on any account that is unpaid. Service interrupted for non-payment is subject to
a $25 suspension charge. Accounts not paid by the due date are subject to a $5
late fee that accrues daily until paid in full. Accounts that are not
collectable by CoreNetworks may be turned over to an outside collection agency
for collection. If you account is turned over for collection, you agree to pay
the company an additional "Collection" fee of not less than $50 nor more than
$150. If you desire to cancel the account, please follow the correct procedure
to do this at https://corenetworks.net/control
Refund and Disputes
*All payments to CoreNetworks are nonrefundable* and include any applicable
setup fees and subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the time that the dispute
occurred. If you dispute a charge to your credit card issuer that, in
CoreNetworks sole discretion, is a valid charge under the provisions of this
Agreement and/or AUP, you agree to pay CoreNetworks an additional "Investigation
Fee" of $100.00.
Failure to Pay
CoreNetworks may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial will
not, in any way, relieve the Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and all collection fees, including
legal expenses.
Use of Services
Services: The AUP is posted on the site at
http://corenetworks.net/aup and may be updated from time to time. BY USING
THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY
MODIFICATIONS TO THE TERMS. CORENETWORKS MAY TERMINATE YOUR ACCOUNT WITHOUT
NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security: You are solely responsible for any security breaches affecting servers
or accounts under your control. If your server is responsible for or involved in
an attack on or unauthorized access into another server or system, CoreNetworks
will shut it down immediately. You will pay any charges resulting from the cost
to correct security breaches affecting CoreNetworks or any of its other
customers.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the
CoreNetworks proprietary network. Violations of system or network security may
result in civil or criminal liability. CoreNetworks will investigate occurrences
which may involve, and cooperate with law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include, without
limitation:
- Accessing data not intended for such user or logging into a server or
account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
- Attempting to interfere with service to any user, host or network,
including without limitation, via means of overloading, flooding, mail
bombing or crashing.
- Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
- Taking any action in order to obtain services which such user is not
entitled.
Notification of Violations or Infractions
CoreNetworks is under no duty to look at each client's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet related activities.
Violations of the AUP will result in the following:
A warning notification sent via email, CoreNetworks trouble ticket with 24 hours
notice for resolution:
24 hours is the standard notification; situations involving law
enforcement, phishing scams, fraud, password harvesting, network
interference, Denial or Disruption of service, IRC related misuse, or other
malicious activity can reduce the notification time frame. At the sole
discretion of CoreNetworks staff, your service may be disabled at any time
without prior email to stop any abuse in progress.
- First Violation: Any user, which CoreNetworks determines to have
violated any element of our AUP shall receive an e-mail warning them of the
violation. The service may be subject at CoreNetworks discretion to a
temporary suspension pending a client's agreement in writing to refrain from
any further violations.
- Second Violation: Any client that CoreNetworks determines to have
committed a second violation of any element or portion of the AUP shall be
subject to immediate suspension or termination of service without further
notice.
- We reserve the right to drop the section of IP space involved in any
SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In particular, if
open relays are on your network or a customer's network, or if
denial-of-service attacks are originating from your network. In certain rare
cases, we may have to take this action prior to attempting to contact you.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
Subscriber information, including assigned IP addresses, account history,
account use, etc. to any law enforcement agency who makes a written request
without further consent or notification to the Subscriber. In addition
CoreNetworks shall have the right to terminate all service set forth in this
Agreement if requested to do so as a result of any action of any law enforcement
or government agency.
Support Services and Boundaries
CoreNetworks provides 24/7/365 technical support to our Subscribers. We limit
our technical support to our area of expertise. The following are our guidelines
when providing support:
- CoreNetworks provides support related to your server. CoreNetworks does
not provide support for application specific issues, such as any
programming, HTML, third party applications or any other such issue.
- CoreNetworks does not provide technical support for YOUR clients.
We encourage you to check our FAQs at
http://corenetworks.net/faq first.
Reseller Policy
Resellers are completely and entirely responsible for the conduct of their
customers and by agreeing with this AUP, Resellers agree that their customers
will adhere to the AUP. Resellers have an obligation under this Agreement to
make their current and prospective customers aware of the AUP and the
consequences of violation of same.
Intellectual Property Rights
Your Warranties and Representations to CoreNetworks: You warrant, represent, and
covenant to CoreNetworks that: (a) you are at least 18 years of age if an
individual; (b) you possess the legal right and ability to enter into this
Agreement; (c) you will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies and guidelines,
including the AUP; and (d) your content does not and will not infringe or
violate any right of any third party (including any intellectual property
rights) or violate any applicable law, regulation or ordinance.
Intellectual Property Policy
CoreNetworks respects the intellectual property rights of others and expects its
users to do the same. CoreNetworks reserves the right, at its discretion, to
delete material that infringes the copyrights, trademarks, or other intellectual
property rights of others. CoreNetworks also reserves the right to disable
and/or terminate the accounts of users who infringe the copyrights, trademarks
or other intellectual property rights of others.
IP Addresses
CoreNetworks will maintain and control ownership of all Internet Protocol ("IP")
numbers and addresses that CoreNetworks may assign to you. CoreNetworks may, in
its sole discretion, change or remove any and all IP numbers and addresses at
any time.
Third Party Products
CoreNetworks may provide you with access to other third party software and/or
services ("Third Party Products") through reseller relationships that
CoreNetworks has established with certain commercial vendors, including without
limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise
notified, Customer understands that product support for Third Party Products is
provided by CoreNetworks and not by the Third Party Vendor. Neither CoreNetworks
nor any Third Party Vendor makes any representations or warranties, expressed or
implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND
AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH
THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND FROM CoreNetworks OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS,
CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CoreNetworks NOR ANY THIRD
PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT,
INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD
PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR
APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT
CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND CoreNetworks WITH
RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE
AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other
proprietary rights notices that appear on any Third Party Product or that appear
during use of any Third Party Product; or (ii) reverse engineer, decompile, or
disassemble any Third Party Product, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation.
Enforcement Actions
CoreNetworks reserves the right to suspend or terminate the Service immediately
or take any other corrective action it deems appropriate in its sole discretion
if, in the sole judgment of CoreNetworks, your server is the source or target of
any violation of the AUP or for any other reason which CoreNetworks reasonably
chooses. If inappropriate activity is detected, all of your accounts in question
will be deactivated until a thorough investigation is completed. Prior
notification to you of disconnection is not assured. In some cases, law
enforcement will be contacted regarding the activity. These rights of action,
however, do not obligate CoreNetworks to monitor or exert editorial control over
the information made available for distribution via the Services. If
CoreNetworks takes corrective action because of a possible violation,
CoreNetworks will not refund you any fees that you paid in advance of the
corrective action.
Disclosure Rights
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, you agree that CoreNetworks may disclose any and all of your
information including assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request without further consent or
notification to you. In addition, CoreNetworks shall have the right to terminate
all service set forth in this Agreement.
Disclaimed Warranties
CoreNetworks exercises no control over, and accepts no responsibility for, the
content of the information passing through CoreNetworks host computers, network
hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY
INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES
PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY
AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER
HARDWARE OR COMMUNICATION SYSTEMS. CORENETWORKS DOES NOT MAKE AND DISCLAIMS, AND
YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR
OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. CORENETWORKS
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE.
Limitation and Exclusion of Liability
Limitations
IN NO EVENT WILL CORENETWORKS OR ITS SUPPLIERS HAVE ANY LIABILITY FOR
UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION
DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER CORENETWORKS NOR ITS SUPPLIERS
WILL HAVE LIABILITY WITH RESPECT TO CORENETWORKS' OBLIGATIONS UNDER THIS
AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES EVEN IF CORENETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES. THE LIABILITY OF CORENETWORKS AND ITS SUPPLIERS TO YOU FOR ANY
REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID
TO CORENETWORKS UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE
FEES FOR THE SERVICES SET BY CORENETWORKS UNDER THIS AGREEMENT HAVE BEEN AND
WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE
CORENETWORKS AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND
CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Interruption of Service
CoreNetworks and its suppliers are not liable for any temporary delay, outages
or interruptions of the Services. Further, CoreNetworks is not liable for any
delay or failure to perform its obligations under this Agreement, where the
delay or failure results from any "act of God" or other cause beyond its
reasonable control (including any mechanical, electronic, communications or
third-party supplier failure).
Indemnification
In agreeing to the CoreNetworks AUP and this Agreement, you agree to indemnify,
defend and hold harmless CoreNetworks, its employees, officers, directors,
partners, representatives and affiliates, for any violation by you or your
customers of the AUP or this Agreement that results either in (a) any cost,
expense, damage or loss to CoreNetworks, or (b) the bringing of any claim
against CoreNetworks by any third-party, and all costs, expenses, damages, and
losses associated therewith. For example, if CoreNetworks is sued because of
your or your customer's activity related to the Services, you will pay any
damages awarded against CoreNetworks, its employees, directors, partners,
representatives and affiliates, in addition to all costs and attorney's fees.
MISCELLANEOUS PROVISIONS
CoreNetworks and you agree that, except as otherwise expressly provided in this
Agreement, the Order Form(s) or the terms and conditions of use of any third
party software products, there shall be no third party beneficiaries to this
Agreement, including but not limited to the insurance providers for either party
or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN (EXCEPT THAT BODY OF
LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO
THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE
INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR
RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN MICHIGAN, AND
EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL
OBJECTIONS THERETO. In the event any provision of this Agreement is held by a
tribunal of competent jurisdiction to be contrary to the law, the remaining
provisions of this Agreement will remain in full force and effect. The waiver of
any breach or default of this Agreement will not constitute a waiver of any
subsequent breach or default, and will not act to amend or negate the rights of
the waiving party. You may not sell, assign or transfer its rights or delegate
its duties under this Agreement either in whole or in part without the prior
written consent of CoreNetworks, and any attempted assignment or delegation
without such consent will be void. CoreNetworks may assign this Agreement in
whole or part. CoreNetworks also may delegate the performance of certain
Services to third parties. All notices, demands, requests or other
communications required or permitted under this Agreement shall be deemed given
when delivered personally, sent by facsimile upon confirmation, sent and
received by return receipt email, or upon receipt of delivery of overnight mail.
You and CoreNetworks are independent contractors and this Agreement will not
establish any relationship of partnership, joint venture, employment, franchise
or agency between you and CoreNetworks. This Agreement, including all documents
incorporated herein by reference, constitutes the complete and exclusive
agreement between the parties with respect to the subject matter hereof, and
supersedes and replaces any and all prior or contemporaneous discussions,
negotiations, understandings and agreements, written and oral, regarding such
subject matter.
Survival
All provisions of this Agreement relating to your warranties, intellectual
property rights, limitation and exclusion of liability, your indemnification
obligations and payment obligations will survive the termination or expiration
of the Agreement.
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