WebCORE Net Center's Service Agreement is intended to protect both the integrity and liability of WebCORE Net Center and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
You (the Client) accept and understand that WebCORE Net Center will not sell your private information to any other business or individual entity for the sake of personal profit. WebCORE Net Center however will provide client information to any Government authority should client have any legal case pending criminal investigation and a Permit for investigation is produced and presented to WebCORE Net Center.
By stating yes on the Application form, you agree to all the terms written below and that all information you provided in the contact details (for billing or technical concerns) are accurate.
Any changes to the contract will be updated online.
THE SERVICES :
DOMAIN REGISTRATION :
Client understands that the Domain Registration fee is non-refundable.
Client agrees that he/she must provide all the information needed for the WHOIS Info of the Domain registration to be true.
Client understands that WebCORE Net Center will not provide direct control panel control of their Domains, all DNS changes or Nameserver setups will be handled directly by WebCORE Net Center, client can provide the needed details to WebCORE Net Center via Email.
WEB HOSTING :
WebCORE Net Center provides internet server space for its clients with a fee in the express purpose of providing http content to the general internet public. In addition to this, our members may also receive Internet mail after taking the steps to set up the mail boxes and forwarding accounts.
Clients are permitted to access their web space via FTP or Frontpage to upload files for their web sites. At times,WebCORE Net Center may offer other services that relate to the selling for Internet server space. These services may change from time to time.
WebCORE Net Center agrees to provide customer support within the duration of the availed web hosting package, either through phone, email support (provided by client) and online helpdesk.
Client is responsible for and must provide all telephone and other equipment and services necessary to maintain customer's account remotely through FTP accounts.
Client agrees that he/she is at least 18 years of age. If not, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content. If a person under the age of 18 obtains an account through WebCORE Net Center without parental approval, this agreement does not become void.
Client is responsible for the backing up of his/her own files in our servers, this will cover email messages, website details and content, scripts, and images.
WebCORE Net Center's Web Hosting Package is provided 'as is', all information or data is provided within the website http://www.e-WebCORE Net Center.
CUSTOMER EXPRESSLY AGREES THAT USE OF WEBCORE NET CENTER'S SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER WEBCORE NET CENTER NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS (1) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (2) MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER WEBCORE NET CENTER NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
COST, PAYMENT, AND REFUNDS :
Current pricing information may be obtained from our website at http://www.e-webcire.net/
In the event that the Customer is in delay or in a state of delinquency vis-à-vis any payments due to WebCORE Net Center, or fails to comply with applicable WebCORE Net Center policies, WebCORE Net Center shall send a written notice of such delay, delinquency or failure. Should Customer continue to be in delay, delinquency or otherwise fail to comply with applicable WebCORE Net Center policies three (3) days after receipt of such notice, WebCORE Net Center shall have the right to immediately suspend or revoke the service without any further notice to the Customer. If your account is disabled for this reason, you agree to pay PhP 1,500.00 re-enabling fee.
All clients acknowledge that both the Domain Name Registration fee and setup fee is non-refundable.
For web hosting services, WebCORE Net Center will refund fees if the account is removed from the network and written notification (email) is sent to WebCORE Net Center asking for the refund and terminating the account (it takes 24 hours for termination to come to affect). This is paid pro-rata and there is a PhP 650.00 fee for refunds.
In case client has failed to backup and save his/her files before account termination, client understands that WebCORE Net Center will require a fee of P800.00 to have their files retrieve from our server archives and sent to them via email or FTP. In the event that client’s files are no longer available, Client can hold no legal action towards WebCORE Net Center.
BACKUPS AND RECOVERY
WebCORE Backups in our servers are for emergency recovery, should there be a request from client to have a specific email or file recovered in their account, a charge of P1,000 will be require per recovery.
The Internet is a complex network of equipment and for that reason, the service may not be available to you at all times. WebCORE Net Center will do everything in its power to maintain 99.9% uptime availability; however, down time can be expected due to uncontrolled technical issues. In no way shall WebCORE Net Center be held liable for any interruption in service for any cause. Should you not be able to reach your site please contact us at email@example.com to report the problem. WebCORE Net Center will repair the problem as soon as possible.
You agree to not hold WebCORE Net Center liable for any losses or damages concerning email, website, or any technical downtime caused by the servers of WebCORE Net Center.
USE OF THE SERVICE :
The use of any of our services is to be bound by the terms of this agreement, the WebCORE Net Center web site at http://www.e-webcore.net, and other information that is made available to you.
Use of illegal (any material not permitted under local, federal, and/or international laws) or copyright material (unless used with permission or authorized by owner) on any web page or other distribution mechanism used in conjunction with the Customer's account, will result in termination of this Service Agreement.
Websites that provide points of distribution, or 'links' to the following types of sites are forbidden:
1. Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of WebCORE Net Center;
2. Adult Sites - Any extremely sensual or pornographic material, links to adult sites, or advertisements with/of adult (sexual) content, product, or services;
3. Pirated Information – Collections of text taken from Copyrighted books, Magazines, News articles, Thesis reports, etc. without prior consent from its owner / author;
4. Gambling - Websites that are of gambling nature, such as horse racing, dog racing, online casinos or the likes.
5. Cult and Occult Endeavours – Practice, Sharing information, and Activities that collide / conflict with Biblical Truth (The Word of God);
6. Phishing – Pretending to be another company and attempting to pry money or information out of its victims is considered absolutely illegal, WebCORE Net Center will have this matter reported to proper authorities and can have the account suspended to prevent any damages.
7. Any other material which WebCORE Net Center deems to be morally or legally objectionable.
8. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
9. Copyrighted Content - music, movies or games that you do not own the rights to
10. Excessive Advertising - placing excessive advertising on your site, including more than three ad units per page
11. File Hosting - including sites that are not created with the WebCORE Designer’s Platform editor
12. Injurious Experience - sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
The designation of any materials as such described is left entirely to the discretion of WebCORE Net Center
You agree that WebCORE Net Center reserves the right to temporarily suspend an account/emails in the event that your account and it’s services is being contested for possible ‘Phishing’ scam. WebCORE Net Center will require written documents from DTI or government entities as proof of your companies’ legality before it can be returned back online.
You may not in the use of the service break any state local or federal laws. You agree that WebCORE Net Center may (1) remove any information that it finds or is reported to be unlawful, and/or (2) terminate your account if it feels that your information is unlawful. You may not in any way send unsolicited bulk e-mail, post to news groups in way that do not conform with the rules of that group that can be traced back to our network, your website or you. By doing so you automatically terminate your service with WebCORE Net Center. You may not display content from your website promoting SPAM, bulk email or illegal websites or illegal activities.
E-mail harassment, whether through language, frequency, or size of messages and forging of header information arestrictly prohibited. Mail blasting is also prohibited.
Copyrighted material must not be placed on Customer's account without the permission unless authorized by the owner(s) or person(s). Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.
Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
(1) Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
(2) Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks;
(3) Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
You agree not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
Any use of WebCORE Net Center's systems that disrupts and/or promotes disruption of the normal use of the system for other WebCORE Net Center customers is considered to be abuse of WebCORE Net Center services and is grounded for termination of this Service Agreement. Some examples of abuse include (not limited to) spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as unsolicited mass e-mailings (spam), which may result in retaliatory actions against WebCORE Net Center's systems.
Depending upon the nature and severity of any abuses, the Customer may receive an e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.
If, in WebCORE Net Center's sole discretion, the nature and severity of any abuses is severe enough, WebCORE Net Center may terminate the Service Agreement immediately without written notification prior to termination. This may also be subject to a reconnection fee, however WebCORE Net Center reserves the right to deny all future access upon termination.
WebCORE Net Center shall have the right to de-activate accounts if payments are not received in a timely manner. The Customer agrees to hold WebCORE Net Center free and harmless from any and all claims, demands, causes of action, obligations, damages, or liabilities, including court cost and attorney's fees, that may be filed against WebCORE Net Center in connection with WebCORE Net Center's exercise of such right.
EASY WEBSITE EDITOR SERVICES :
1. ACCEPTANCE OF TERMS
Welcome to WebCORE Net Center's website creation service (the "Service"). Your use of the Service is subject to these Terms of Service ("Terms"). We reserve the right to update and change these Terms from time to time without notice to you. These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
2. DESCRIPTION OF SERVICE
Our web-based Service allows users who register for an account (each an "Account Holder") to create and update an online web site. Once registered, each Account Holder receives his or her own Web Site and may post "Content" (defined in Section 7). Any new features on the Service, including the release of new WebCORE Net Center tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and Newsletters. These communications are considered part of WebCORE Net Center membership. You may not access the Service by any means other than through the Service interfaces we provide you.
To register as an Account Holder, you must provide us with a valid email address and other information ("Application Form or Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain an ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if WebCORE Net Center has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating or using accounts through WebCORE Net Center.
You are allowed a 7 day trial run with refund, any services that pass this 7 day period will no longer be refundable. Amount refundable will be in full, minus any bank charges that may be incurred upon deposit.
If you elect to purchase your own domain name through our services, this purchase is non-refundable and not subject to this money back guarantee.
Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
5. CANCELLATION AND TERMINATION
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
6. WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
7. YOUR RIGHTS IN YOUR CONTENT
WebCORE Net Center does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.
8. CONTENT AND CONDUCT RULES AND OBLIGATIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a WebCORE Net Center official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another person;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
(n) use the Service as a forwarding service to another web site;
(o) solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
(p) exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
(q) include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
(r) upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
(s) create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
(t) upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
10. ADDITIONAL SOFTWARE
If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.
Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.
11. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold WebCORE Net Center, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WEBCORE NET CENTER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBCORE NET CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. U.S. BASED SERVERS AND SERVICES, U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and WebCORE Net Center shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WebCORE Net Center agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of WebCORE Net Center to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
WEB DESIGN SERVICES (using the Easy Website Editor):
WebCORE Net Center agrees that we will do everything we can to complete client's website in a timely manner. The date of completion must be agreed on by both the client and the designer. You the client agree to provide WebCORE Net Center a 10 working day allowance for unexpected technical delays from our Designers.
A full payment is required before designing and planning will begin. You understand that the hosting date of your website begins on the date of your purchase of our services. That means that you are already consuming and using our hosting services as we proceed in your website development and completion.
You the client understands and accepts the number of pages to be designed before the designing took place. Should there be more pages that needed to be designed and was not part of the said agreement, further charges will apply.
You the client, understand that you will provide all the images, content, navigation links, and logo needed for the website design.
Should you the client need services such as logo designing, content creation, or photography services. You understand that there will be added charges for these services.
You the client understand that we are dependent on the contents and instructions that you will be providing, and that your website completion is dependent on the data we have at hand.
You the client agree and understand that a website completion date may move or be delayed should the designer lack information and need further confirmation before proceeding with website development.
WebCORE Net Center web designer will allow minor revisions until the completion of the website and ONE minor revision within 30 days completion. Wrong spellings are not considered revisions, we will repair this regardless of date of completion. Minor revisions cover: text editing, color change, image change. Changing a whole page or changing the whole theme is considered a Major revision and require added fees.
You the client understand and agree that by using the Easy Website Editor, our designers are limited to the editing of the images, logo, text content, and page links. You accept and agree that there will be limitations to the customizing of your website based on the template theme chosen. You agree not to hold WebCORE Net Center or our Designers responsible for any limitations in our designs and website development.
You the client understand and agree that Easy Website Editor mobile templates and website layout can be limited to its customization and appearance.
Further updates on the website after website completion is considered a maintenance service. Added fees may apply.
WebCORE Net Center Website Designing does not cover custom programming and database development.
WebCORE Net Center's Easy Website Editor comes with 3rd party apps that can be used for your website, WebCORE however does not guarantee or can be held responsible for the stability of 3rd party apps. You the client acknowledge this.
You understand that this agreement and the service may change from time to time, it will be posted on http://www.webcore.link/terms.html. WebCORE Net Center reserves the right to change the terms anytime it deems required.
You (the client) have the right to terminate the service(s) at any time by providing written notice via email. If you terminate the service it will take up to 24 hours before billing stops.
You agree to give WebCORE Net Center the right to suspend or even terminate your account should there be any content or activity in your account’s services that is deemed ‘illegal’ or ‘inappropriate’ in WebCORE Net Center’s standards.
LEGAL ACTION :
You agree that WebCORE Net Center will not be held liable ‘legally’ for any content posted by you (the client), your client’s client, your business’ actions, or any 3rd party programs or entity, which has resulted in the downtime, termination or suspension of your account(s) by WebCORE Net Center.
You understand that any legal action must be taken in the city of Manila, in the country of the Philippines.
This Service Agreement is made in Manila and shall be governed by and construed in accordance with the laws of the Philippines. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred.
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