Website & Email Hosting Service Agreement
This Website & Email Hosting Service Agreement ("Agreement") is by and between TAC Marketing, Inc. ("TAC"), a New York corporation, and you, your business, assigns, agents and contractors ("You") and is effective as of the date service is established. This Agreement sets forth the terms and conditions of Your use of TAC's website hosting and email hosting services (collectively, the "Services") and represents the entire agreement between You and TAC. By using the Services, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which TAC may establish from time to time.
Availability of Services
Subject to the terms and conditions of this Agreement, TAC shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that TAC may undertake from time to time; or
3. causes beyond the control of TAC or that are not reasonably foreseeable by TAC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree TAC has no control of availability of the website and email hosting portion of Services on a continuous or uninterrupted basis. You further agree that as a normal course of its business, it may be necessary for TAC to migrate its servers. As a result, even though You may have a dedicated IP address for your website and/or email, You may be assigned a different IP number. TAC does not warrant that You will be able to consistently maintain Your given IP numbers.
Limitation of Liability; Storage and Security
THE SERVICES AND THE ASSOCIATED SOFTWARE ARE BEING PROVIDED AND/OR LICENSED "AS IS" AND TAC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW WITHOUT LIMITATION OF THE FOREGOING, TAC EXPRESSLY DOES NOT WARRANT THAT THE SERVICES OR THE ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES OR OPERATION OF THE ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT SHALL TAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF TAC IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright © TAC Marketing, Inc. All Rights Reserved.