Terms and Conditions
This Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Caltec
Global Solutions and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS CONTAINED HEREIN. Caltec Global Solutions reserves the right to change or modify any of the terms and conditions contained in this
greement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or
future customers. Caltec Global Solutions may make changes or modifications to referenced policies and guidelines without notice to you. Your
continued use of the Services following Caltec Global Solutions’ posting of any changes or modifications will constitute your acceptance of such
changes or modifications.
As consideration for Caltec Global Solutions providing the Hosting Services hereunder, Customer agrees to pay Caltec Global Solutions the
aggregate monthly fee based on the monthly hosting services and the terms selected.
Caltec Global Solutions will provide Customer with the Services ordered that are described in the order summary within 5-10 business days.
Customer understands and agrees that Caltec Global Solutions will host and create the Web site solely in accordance with the information provided by
With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content.
“Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or
software), in any medium, provided by Customer to Caltec Global Solutions. “Third-Party Materials” means any content, software, or other computer
programming material that is owned by an entity other than Caltec Global Solutions, and licensed by Caltec Global Solutions or generally available
to the public, including Customer, under published licensing terms, and that Caltec Global Solutions will use to display or run a Web site. Caltec
Global Solutions owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the
customer is not entitled to use the web site for any purposes what so ever.
“Background Technology” means computer programming/formatting code or operating instructions developed by or for Caltec Global Solutions and used
to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files
necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation
templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in
database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any
Background Technology to any third party without the prior written consent of Caltec Global Solutions. All rights to the Background Technology not
expressly granted to Customer hereunder are retained by Caltec Global Solutions. Without limiting the foregoing, Customer agrees not to
reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Customer hereby grants to Caltec Global Solutions the limited, nonexclusive right and license to copy, distribute, transmit, display, perform,
create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Caltec Global
Solutions hereunder, solely for the purpose of rendering Caltec Global Solutions’ Services under this Agreement. Such limited right and license
shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Customer agrees not to provide Customer Content, and Caltec Global Solutions will not intentionally provide to Customers any content, that (a)
infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory,
violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs,
cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer
is international, then Customer agrees to comply with all applicable local and national laws. Caltec Global Solutions reserves the right to refuse any
other subject matter it deems inappropriate.
Caltec Global Solutions agrees to provide reasonable technical support to Customer during Caltec Global Solutions’ normal technical support hours.
Caltec Global Solutions additionally agrees to provide customer service support in the form of e-mail and telephone during Caltec Global Solutions’
normal customer support hours.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Caltec Global Solutions may terminate this
Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to
pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Caltec Global
Solutions for all Services provided to Customer by Caltec Global Solutions prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive
termination of this Agreement.
Except as expressly provided in this Agreement, the Services are provided “as is,” and Caltec Global Solutions expressly disclaims all
warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title,
noninfringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Caltec
Global Solutions will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not
entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process
is specified herein or in a Statement, all Hosting provided by Caltec Global Solutions to a Customer will be deemed accepted when delivered.
(a) Customer Indemnity. Customer will defend Caltec Global Solutions against any third-party claim, action, suit, or proceeding alleging any
breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Caltec Global Solutions for all losses, damages,
liabilities, and all reasonable expenses and costs incurred by Caltec Global Solutions as a result of any such third-party claim, action, suit, or
proceeding. (b) Caltec Global Solutions’ Indemnity. Caltec Global Solutions will defend Customer against any third-party claim, action, suit, or
proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Caltec Global Solutions shall indemnify Customer for
all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third-party claim, action,
suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the
indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii)
granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the
indemnifying party’s expense.
Caltec Global Solutions’ LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Caltec Global Solutions DURING THE THREE (3) MONTH
PERIOD BEFORE THE ACTION AROSE. Caltec Global Solutions SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR
(B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF
THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Caltec Global Solutions HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT
SUCH LIMITATIONS, Caltec Global Solutions WOULD NOT ENTER INTO THIS AGREEMENT.