Terms And Condiitions Of Service

In consideration of the mutual covenants set forth in this Agreement, Customer and Client, by hosting with us, client hereby agree as follows:

    1. Terms

      Subject to the terms and conditions of this Agreement, Wired Grafix will provide Web Hosting services for Client subject to the following terms:

      Service Start Date
      The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Wired Grafix' receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.

      Reservations of Service
      Wired Grafix reserves the right to deny service to any Client, or would be Client, for any reason, with or without prejudice.

      Renewal by Client
      This Agreement will automatically renew until canceled in writing by Client. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any revisions of Terms and price changes. Renewal fees for the following month of service will be automatically invoiced to Client's account.
    2. Terms of Payment

      Terms of payment are C.O.D. via credit/debit card with automatic billing at the beginning of each quarter, unless credit approval has been granted by Wired Grafix. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
    3. Proprietary Information

      Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Wired Grafix program, code or technology delivered to Client or any portion thereof.
    4. Warranties

      Wired Grafix makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Wired Grafix also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including, but not limited to, loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client, weather conditions, natural disasters or other acts of God, action of any governmental or military authority, failure caused by telecommunication or other Internet provider, or other forces or occurrences beyond Wired Grafix' control. The exclusive remedy against Wired Grafix, for any damages whatsoever to Client arising out of or related to this Agreement shall not exceed the fees paid by Client directly to Wired Grafix with respect to the then current term of this Agreement. Use of any information obtained by way of Wired Grafix is at Client's own risk, and Wired Grafix specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Wired Grafix does not represent guarantees of speed or availability of end-to-end connections. Wired Grafix expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Wired Grafix specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
    5. Limit of Liability

      Wired Grafix shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Wired Grafix' services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Wired Grafix reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact it's Customers, or expose it to liability or tort.
    6. Lawful Purpose

      Customer may only use Wired Grafix' servers for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Wired Grafix' server. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Wired Grafix web hosting servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Wired Grafix. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
    7. Trademarks and Copyrighted Material

      Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with any service provided by Wired Grafix.
    8. Taxes

      Wired Grafix shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Wired Grafix' hosting environment. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
    9. Hardware, Equipment, & Software

      The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Wired Grafix hosting servers. Wired Grafix makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Wired Grafix web hosting service.
    10. Email Retention

      In order to protect the integrity and availability of system resources, core3 reserves the right to routinely remove messages classified as SPAM after 90 days, messages located in trash folders after 90 days, and messages located in catch-all accounts after 30 days.
    11. Coming Soon Page

      All domains hosted through Wired Grafix will be initially setup with a "Coming Soon" web page that informs customers their domain name is hosted by Wired Grafix.
    12. Termination

      Client may terminate their hosting with Wired Grafix for any reason by sentd us a written request for termination. After that 30 day period, any unearned monies already paid by client will be refunded.

      It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts or any other software installed on Wired Grafix servers. Wired Grafix reserves the right to, immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources. Wired Grafix also reserves the right to terminate or limit service at its sole discretion. Examples of reasons for termination include, but are not limited to: 1) failure to comply with any provisions of the Agreement with or without written notice from Wired Grafix of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) falsifying any User information provided to Wired Grafix or to other Users of the service in connection with the use of a Wired Grafix service, 4) upon mutual agreement in writing of Wired Grafix and Client.
    13. Disputes

      If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
    14. Indemnification

      Client shall indemnify and hold Wired Grafix harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Wired Grafix directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
    15. Modification of Agreement

      Wired Grafix reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Wired Grafix reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.
    16. Transfer

      Customer may not transfer this contract without the written consent of Wired Grafix.
    17. General

      If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia . A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.