Terms & Conditions
This website is operated by Core Virtual Hosting. Throughout the site, the terms “we”, “us” and “our” refer to Core Virtual Hosting. Core Virtual Hosting offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Core Virtual Hosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Core Virtual Hosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Core Virtual Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Core Virtual Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Core Virtual Hosting’s computers, network hubs and points of presence or the Internet. Core Virtual Hosting does not monitor User Content. However, you acknowledge and agree that Core Virtual Hosting may, but is not obligated to, immediately take any corrective action in Core Virtual Hosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Core Virtual Hosting shall have no liability due to any corrective action that Core Virtual Hosting may take.
Core Virtual Hosting will not be responsible for any programming changes or other work to a Customer’s web site and are not responsible for making our servers compatible with the Customer’s web site or other programs. The Customer will be solely responsible for uploading and making their web site operational on Core Virtual Hosting’s servers unless the Customer contracts Core Virtual Hosting to make modifications at our posted hourly programming rates.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Core Virtual Hosting does not charge setup fees for standard hosting features. All accounts are set up on a pre-pay basis. Domain registration performed through Core Virtual Hosting for .com, .net, and .org addresses.
There will however be a $25.00 charge from Core Virtual Hosting for the registration of the domain name for each year the domain is used, with a minimum period of one (1) year. The domain registration service is provided by Enom., an ICANN accredited domain registrar. Domains must be renewed on or before the date of expiry to avoid deletion from the DNS records. The expiry date of your domain does not change regardless of the date of renewal. Domain registration fees may change at any time without notice.
All Payments are to be made to Core Virtual Hosting in the form of VISA, MasterCard or AMEX charge in US funds unless otherwise stipulated. Late payments may result in your site being temporarily disabled without notice. If you site is disabled, it will not be re-activated until payment has been received. There will be a reactivation charge of twenty five (25) dollars if this occurs. It is the Customers responsibility to ensure that they have made payment and that Core Virtual Hosting has received that payment.
For information on refunds please see our refund policy.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. This includes the hosting of your website. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
PERMITTED & ACCEPTABLE USE
Storage and Bandwidth Usage.
The storage and bandwidth space allotted to your account is shared with other customers. You are allowed to host the number of websites allotted by your plan. This Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Core Virtual Hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Core Virtual Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Core Virtual Hosting’s terms and conditions.
Traffic and/or Storage Core Virtual Hosting’s hosting packages are allotted a set amount of bandwidth and disk storage. Should the Customers web site go beyond these limits, an additional monthly charge will be levied based on our monthly data transfer and/or disk storage rate. The intention of Core Virtual Hosting is to provide a large space to serve web documents, not an off-site storage area for electronic files. All (95%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on Core Virtual Hosting’s servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Core Virtual Hosting management. Any Customer who exceeds Core Virtual Hosting’s Package limits in abusing either space/site transfer will be notified and given five (5) days to remedy the problem. If the problem is not resolved within the allotted five (5) day period, the client will be billed for over usage or upgraded to a larger package, whichever is cheaper.
a) Server abuse: Any attempt to undermine or cause harm to a server, or Customer, is strictly prohibited.
b) Unauthorized use and illegal activities prohibited by Core Virtual Hosting: The use, or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Core Virtual Hosting Customer, whether or not the attacked account or computer belongs to Core Virtual Hosting, will result in action against the attacker. Possible actions include, account suspension, cancellation, civil or criminal legal action, and any other legal means of recourse depending on the seriousness of the attack.
c) To maintain the integrity of our service the following limitations apply:
Core Virtual Hosting will be the sole arbiter as to what constitutes a violation of this provision:
No commercial advertisements with bulk e-mail.
Unsolicited commercial advertisements are not allowed in e-mail, and may result in account suspension or cancellation.
Sending a message, especially an advertisement, to more than nine or ten recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Core Virtual Hosting reserves the right to cancel service at any time and the Customer agrees not to hold Core Virtual Hosting responsible for any damages as a result of termination. All fees paid in advance of cancellation will be pro-rated and paid by Core Virtual Hosting to the Customer if Core Virtual Hosting institutes it’s right of cancellation unless cancellation is a result of the violation of our terms and conditions, in which case, no refund will be issued for any reason. Any violation of policies, which results in extra costs, will be billed to the Customer (i.e. Transfer, space etc.). Any termination by the Customer of a contract not fulfilled will result in a pro rated refund amount as determined by the sole discretion of Core Virtual Hosting. Accounts not paid within 30 days of the renewal invoice will be disconnected and deleted from the server.
Any termination by a customer of a site that has been discounted for annual pre-payment or any other promotion that is time dependent will forfeit the discounts applied or given and this will be reflected in the refund payment made by Core Virtual Hosting.
If cancellation is a result of a breach of this contract, including but not limited to violating the lawful purpose, no refund shall be issued for any reason. If cancellation is a result of conducting illegal activities, official court documents, or a violation of the laws of the United States or the Country the Customer resides in, no refund shall be issued for any reason.
For more information on refunds please see our Refund Policy
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
BACKUPS AND DATA LOSS
Your use of the Services is at your sole risk. Core Virtual Hosting’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Core Virtual Hosting’s sole discretion. Core Virtual Hosting does not maintain backups of dedicated accounts. Core Virtual Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Core Virtual Hosting’s servers.
Core Virtual Hosting reserves the right to refuse service to anyone. Customers may only use Core Virtual Hosting server(s) for lawful purposes. Transmission of any material in violation of any International, Federal, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Core Virtual Hosting expressly forbids anyone from using Core Virtual Hosting servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic and hate related materials, slanderous, illegal, offensive and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Core Virtual Hosting and its management. If Core Virtual Hosting deems the site to be in contradiction to its own morals, obligations and/or lawful purpose, a minimum fine of $500 will be charged to the Customer’s credit card and service will be terminated with or without prior notice.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Budget Site Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Budget Site Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Core Virtual Hosting will not be responsible for any damages a business may suffer. Core Virtual Hosting makes no warranties of any kind; expressed or implied, for services it provides. Core Virtual Hosting disclaims any warranty or merchantability or fitness for a particular purpose; this includes, but is not limited to, loss of data or email resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Core Virtual Hosting and its employees. Core Virtual Hosting will not be responsible for providing computer equipment to the Customer for any purpose whatsoever. Core Virtual Hosting reserves the right to revise its policies terms and conditions at any time, and from time to time.
Failure to perform or follow any term or condition will be grounds for immediate account deactivation.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The State of Maine.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.