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Updated 06/13/2007

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PRODUCTS AND SERVICES

This Agreement is between Digital Core Solutions, Inc. ("DCS") and you, as an authorized user of DCS products and services, and governs the terms and conditions of your use of DCS products and services (“Terms of Use”). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by DCS (collectively, the "Agreement"), constitutes the entire agreement between DCS and you regarding DCS Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

You Must Agree to these Terms of Use to Use DCS Products and Services By using a DCS Product (defined below), you agree to these terms and conditions ("Terms of Use") and the DCS Privacy Policy. You agree to accept notices electronically. Each time you use a DCS Product, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the DCS Products. You cannot use or sign up for DCS Products until you have accepted these Terms of Use.

Definition of Terms

a. Digital Core Solutions, Inc. is referred to herein as "DCS", "Digital Core Solutions" "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. DCS Products. For purposes of these Terms of Use, the term "DCS Products" shall mean DCS design services, DCS hosting services, DCS websites and all other software, features, tools, websites and services provided by Digital Core Solutions, Inc.

Modifications to the Terms of Use

In the event that DCS makes material changes to these Terms of Use, all current DCS customers will be notified via email at least 30 days before the modified terms of use go into effect. DCS will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the DCS Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using DCS Products and cancel your registration.

Requirements for Use of DCS Products

DCS Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. DCS Products may require the user to register and provide certain personal information to Digital Core Solutions, such as name, e-mail address, gender, date of birth, zip code (the "Personal Information"). If you register for any DCS Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.

Registered User Information

The DCS Privacy Policy explains how DCS collects and uses Personal Information. You consent to DCS’s use of your Personal Information under the terms of the DCS Privacy Policy.

Lawful Use of DCS Products

You may use DCS Products for lawful purposes only.

Changes to the Service

DCS has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the DCS Products including, but not limited to, the software, hours of availability or equipment needed for access or use. DCS has no obligation to provide you with notice of any such changes.

License for Use

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the DCS service, the DCS Products, or any other DCS services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that DCS’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by DCS may vary depending on your computer and other equipment.

Communications Related to DCS Products

You are responsible for obtaining your own Internet access, such as maintaining all telephone, connection hardware and other equipment needed for access to and use of the DCS Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access DCS are your responsibility.

Termination and Fair Use Policy

YOUR USE OF DCS PRODUCTS IS SUBJECT TO DCS’S "TERMINATION AND FAIR USE POLICY.” THIS POLICY IS INTENDED TO ALLOW DCS TO DENY SERVICE TO ABUSERS. USERS WHO ARE DEEMED TO BE "ABUSERS", IN DCS'S SOLE DISCRETION, MAY BE NOTIFIED PRIOR TO SUSPENSION OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, DCS RESERVES THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY DCS TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF DCS PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE DCS PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, DCS AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE DCS PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. DCS AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DCS PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DCS PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DCS PRODUCTS AND SOFTWARE WILL BE CORRECTED. DCS AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DCS PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. DCS PROVIDES THE DCS PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE DCS PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT DCS WILL HAVE ADEQUATE CAPACITY FOR THE DCS PRODUCTS AS A WHOLE.


LIMITATION OF LIABILITY

DCS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DCS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR DCS PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE DCS PRODUCTS AND SOFTWARE. DCS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE DCS PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH DCS PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DCS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, DCS AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless Digital Core Solutions, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the DCS Products. DCS reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for DCS in that matter.
Trademarks All trademarks appearing on the DCS Products are the property of their respective owners, including, without limitation, Digital Core Solutions, Inc.

Miscellaneous

The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Use and your registration with the DCS Products.

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