Terms & Conditions

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Curaçao. You and Core Media submit to the non-exclusive jurisdiction of the courts in and of Curaçao in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Design & Web


It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges and Deposits

Charges for services to be provided by Core Media are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Core Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “Approval of work” and “Rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

Payment for services is due by cash, bank transfer or cheque. Cheques should be made payable to Core Media and sent to Core Media - Curaçao. Bank details will be stated on invoices.

Supply of materials

The Client, you, must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Failure to provide required website content

Core Media is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that projects are completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

Client review, revisions and variations

We are pleased to offer you the opportunity to make revisions to the project. However, we have the right to limit the number of revisions to a reasonable amount and may charge for additional revisions if you make a change to the original project specification.

Our project development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of Nafl. 100.- per hour.

Project delays and client liability

Any time frames or estimates that we give are contingent upon your full co-operation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Approval of work

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

Rejected work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Warranty by you of ownership of intellectual property rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.


Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

Search engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

Consequential loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.


We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Additional expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Cross browser compatibility

By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.


Domain Names

Core Media may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Core Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.


You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.


You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Core Media and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Ownership of domain names and web hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

Terms of Service (TOS)

Core Media is a provider of internet based services such as web design, web hosting, hosting maintenance and data backup. We provide these services to our customers for a fee. Core Media does not require a long term contract to be signed for use of its services. Instead our contract periods are considered to be on a monthly basis. As such a customer is required only to pay for 1 month of service at a time, and can cancel their services with Core Media at anytime without penalty. However, after agreeing to use Core Media services the client is required to abide by our Terms of Service Policy and our Terms of Use Policy. Subscribing to, or making a payment for, any one of Core Medias services is considered to be agreeing to use of Core Media services. In addition, although there is no penalty for cancelling services with Core Media, should a customer cancel their services midway through a month they will not receive a portion of that months payment back. A customer using one or more of Core Media's services is expected to abide by our Terms of Use Policy payments depending on a pre-arranged payment schedule. If a customer fails to make a payment. Core Media will take no action for 14 days. After 14 days days Core Media reserves the right to freeze the clients account. If no payment is received for a further 30 days then Core Media has the right to delete the customers account, or take any other action it deems necessary, without any liability for possible damages caused by loss of information, or any other cause. Core Media reserves the right to immediately freeze, remove, or cancel services if a customer breaks any of the rules in our Terms of Use Policy. If a service is terminated in this manner Core Media reserves the right to refuse any refund. Core Media is not responsible, in any way, for the content or practices of our customers. Core Media is not responsible for any damages to our customers, their businesses or any other party for misuse of its services. Core Media makes no warranties, expressed or implied with its services.

1. The Core Media Service, as operated by Core Media, is a collection of various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet. The Core Media Service is available for a fee to any client who wishes to utilize the service for such means.
2. CAREFULLY READ the terms of this agreement which governs your use of the Core Media Service and Software. Core Media may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notification. Your continued use of the Core Media Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).
3. Core Media grants to you a non-exclusive, non-transferable license to use and display the Core Media Service and Software on the servers and equipment with which you utilize the Core Media service. The Core Media Service and software are owned by Core Media and their structure and organization constitute valuable trade secrets of Core Media.
4. Advertising, Solicitation and Name Harvesting. You may not use the Core Media Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the Core Media Service to collect or "harvest" screen names of other Clients without the expressed prior permission of the Client. Core Media reserves the right to block or filter mass email solicitations on or through the Core Media Service.
5. Internet Conduct. Generally, the Internet consists of the following areas available through Core Media; Email, Newsgroups, Gopher, and WAIS FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with Core Media or any of its affiliates; it is a separate, independent network of computers and is not part of Core Media. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Clients must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although Core Media does not control the Internet, your conduct on the Internet when using your Core Media account is subject to Core Media rules. Because Core Media wants to be a good Internet citizen, it prohibits Clients from engaging in certain conduct on the Internet through or by means of Core Media including the following: (1) Chain Letters. Chain letters are prohibited on the Core Media network and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in your Core Media Services site being terminated.
(A) Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.
(B) Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Clients become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of your Core Media account.
(C) Copyright and Proprietary Materials. You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensees who make such content available on the Internet. Clients use of such Content will be subject to the specific restrictions place on such Content by the owners of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right's holder is prohibited and will result in termination of your Core Media Service and possible civil and /or criminal liability.
(D) Offensive or Objectionable Material. Core Media reserves the right to request you remove any material which Core Media deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement by Core Media Services.
You understand that except for content, products or services expressly available at Core Media's Web site, neither Core Media nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of Core Media or controlled by Core Media. Core Media neither endorses nor is responsible for the accuracy or reliability of such content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Core Media nor its affiliates shall be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions o this paragraph shall apply with equal force even where Core Media features or displays a link with any particular Web site. You should be aware that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. Core Media does not have the capability or right to monitor, or review, or restrict any content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of Core Media and whose conduct and communication may also be found harmful or offensive to clients or which would otherwise breach the Core Media rules if they were subject to it. Core Media and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, content, goods , and services available on or through the Internet

Acceptable Usage Policy (AUP)

The internet is a wonder of modern technology. It allows people all over the world to share ideas, thoughts, images, videos, music and almost anything else. The reason it is effective is the fact that it is largely open and inclusive, this strength is also its weakness. The internet is largely unregulated, and therefore difficult to police or monitor, the same openness that allows the sharing of ideas and dreams can be used to spread hate and crime. Despite these risks, the people at Core Media believe that the internet is still a wonderful tool for individuals, families, businesses and communities. It is this belief that drives us to provide modern, professional internet services for a price that anyone can afford. The size and nature of the internet ensures that enormous amounts of information are available to any person who can connect to it. However, the information on the internet is not guaranteed to be truthful. Core Media cannot and will not monitor the internet or the information that its customers may encounter. It is not responsible in any way for any damages that may result from inaccurate, offensive or illegal content on the internet. Core Media is also not responsible for information or content that our customers produce or display. Customers who place content onto the internet are liable as other authors for copyright infringement, defamation, hateful content or any other harmful speech. In addition customers using Core Media services in any manner that is illegal, threatening or harmful will have their accounts immediately frozen or deleted. Actions that may result in an account freeze include, but are not limited to: Illegal Activity - use of Core Media services for ANY illegal activity will result in termination of all services. This includes but is not limited to: * Copyright Infringement * Advertising or making available any kind of money scheme or fraud. * Distribution of any kind of internet virus. * * In addition it is the legal responsibility of Core Media to report any presence of child pornography to a law enforcement agency. Defamatory/Abusive/Hateful Language - use of Core Media services to promote, spread, or display hateful, abusive or defamatory language, pictures, or ideas is prohibited. Such uses will result in the clients services being disabled. Spamming - Sending mass, unsolicited e-mails (aka 'spamming') is not permitted while using Core Media services. Spamming can not only have a negative effect on the Core Media reputation but can also cause resource strain on our systems. Core Media retains the right to determine what constitutes spamming while it's services are being used. Network Abuse - defined as any action that could cause harm to Core Media servers, the company or our clients. Core Media does not intentionally monitor or screen our clients use of the internet. However, should it become aware of any violation of this agreement it reserves the right to remove, block or suspend any content, images or services, or take any other action it deems necessary. In addition Core Media does not accept responsibility for any of the content or actions of our clients. If Core Media is sued, defamed or damaged in anyway by a third party, because of a clients misuse of our services. That client is responsible for all costs involved, including but not limited to legal fees, damages or court ordered payments.

Core Media provides services to clients all around the world. Core Media has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such. Core Media will be the sole arbiter as to what constitutes a violation of these provisions. General: Services provided by Core Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. The subscriber agrees to indemnify and hold harmless Core Media from any claims resulting from the use of the service which damages the subscriber or any other party. Content: Examples of unacceptable content include, but are not limited to: * Copyrighted media, without authority to distribute or display * Unlicensed applications * Cracking programs or key generators * Child pornography or kidnapping material * Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation * Terrorist propaganda, racist material, or bomb/weapon instructions * Virus, Spyware, Malware, or other infectious material * Material protected by trade secret or other statute Additionally, Core Media prohibits: * IRC and associated programs (including psychs, "bots", etc...) * Scripts commonly used for abuse, attacks, or flooding * Threatening, harassing, or obscene content * Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...) Legal adult content is permitted on all Core Media product lines. The viewing/downloading or possession of such information/data by Core Media clientele is not governed by Core Media policy, and is at your own discretion/free-will, and may be governed by your state/federal government. Links to unacceptable content, as defined above, are also prohibited. Online Activity: Any attempts to undermine or cause harm to the Core Media equipment, network, operations, or clientele is STRICTLY prohibited. Core Media will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Core Media, is prohibited. This includes, but is not limited to: * Denial of Service Attacks (DOS/DDOS) * Unnecessary Port Scans * Mail Bombing * Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.. Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Core Media network, or spamvertising (unsolicited advertising of) sites hosted on the Core Media network is STRICTLY prohibited. Legitimate bulk email meets the following criteria: 1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiable confirming permission. (Evidence of such must be retained and available by request.) 2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained. All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription. If Core Media approaches a client for evidence of confirmation, this request must be honored within 24 hours. We require clients to provide double opt-in information for each subscriber if requested. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination. Additionally, if such actions have caused mail servers or IP address ranges on the Core Media network to be blacklisted, Core Media reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Policy Violations: Core Media may, at any time, audit systems for any data/activity showing potential policy violations. Warnings: The Core Media Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Core Media staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination. Note: It is extremely important to ensure that the email address on record with the Core Media Customer Service Dept is valid. This is the address used for abuse notifications and warnings. Suspension/Deactivation: If any terms or conditions are failed to be followed, the client risks service suspension or termination. Core Media reserves the right to remove any account, without prior notice. If Core Media deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts. Reactivation: If a service is suspended, the client will be required to pay a reactivation fee of $75.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Core Media Unauthorized Usage: In any case involving unauthorized parties utilizing a Core Media service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Core Media may opt to disable all services until the client can perform such an investigation. If the technical support of Core Media is required for the investigation, the client agrees to compensate Core Media at a rate of $65/hour for such services performed, if such services are not included in the client's current service package. In general, the client is responsible for maintaining a secure system. This includes, but is not limited to: * Requesting kernel updates * Applying application patches Additionally, Core Media will not be responsible for securing third-party applications. The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply. Certain clientele, such as those with Maximum Admin fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele. Resource Usage: Core Media will be the sole arbiter as to what constitutes a violation of resource usage limitations. Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Core Media may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation. Port Usage: Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie...10MBPS UNMETERED) or specified/requested as a capped port. Core Media reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Core Media clientele, Core Media reserves the right to throttle and/or disconnect the service causing such a problem. Filtering: Core Media reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of peer-to-peer file-sharing programs. This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions. Unmetered: Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times. Virtual Hosting: Core Media is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allowed bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service: * Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites * Large graphic or download archives/galleries * Large chat room gatherings * Heavy system resource utilization If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Core Media may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Core Media may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Backup Service: To maintain the integrity of our service, Core Media may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (http), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers. Abusive Clientele: Core Media may at it's discretion suspend or terminate service of any client that is abusive/harassing to Core Media and/or Core Media employees. Examples of such activity include, but are not limited to; * Verbal abuse - cursing, yelling, threatening, etc... * Ongoing disregard for warnings or notices * Consistent mistakes/errors/changes causing unnecessary workload * Spamming Core Media email addresses, ticket systems, or servers * Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage * Consistent late payments or responses * Issuing a chargeback or bouncing a payment * Continuous activation of problematic end-users * Activity which affects the service(s) of other Core Media clientele.

Service Level Agreement (SLA)

Core Media is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Core Media network. The Core Media Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Core Media who have a Dedicated Server. Uptime Guarantee: Core Media strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Core Media monitoring systems or Core Media authorized/contracted outside monitoring services. If Core Media fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Core Media does not credit a full month's service for minor downtime. This would not be financially healthy for Core Media, and in turn would only negatively affect the service level Core Media provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Core Media may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Core Media network caused by or associated with: * Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement * Telco Failure * Backbone peering point issues * Scheduled maintenance for hardware/software upgrades * Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Core Media utilizes only name brand hardware of the highest quality and performance. * Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime) * DNS issues not within the direct control of Core Media * Network floods, hacks, attacks from outside parties or individuals * Failure or error of any Core Media monitoring or measurement system * Client?s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Core Media service(s) in breach of Core Media Policy and Service Guidelines (AUP), by Client or others authorized by Client. Connectivity: Core Media goal is to make the Core Media network available to Client free of outages for 99.5% of the time. An "outage? is defined as an instance in which Client is unable to transmit and receive IP packets due to a Core Media service failure for more than 15 consecutive minutes, excluding service failures relating to Core Media scheduled maintenance and upgrades. The Core Media network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Core Media goal is to keep Average Round-Trip Latency on the Core Media network to 85 milliseconds or less. Core Media defines ?Average Round-Trip Latency?, with respect to a given month, as the average time required for round-trip packet transfers between the Core Media network and major US backbone peering points during such month, as measured by Core Media. Core Media goal is to keep Average Packet Loss on the Core Media network to 1% or less. Core Media defines ?Average Packet Loss?, with respect to a given month, as the average percentage of IP packets transmitted on the Core Media network during such month that are not successfully delivered, as measured by Core Media. Measurement: Core Media will periodically (on average every 5 minutes) monitor Core Media network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client?s internet connection, and that such measurements constitute measurements across the Core Media network but not other networks to which Client may connect. Core Media reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Core Media and made available to Client. Hardware Failure: Core Media stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Core Media utilizes only name brand hardware of the highest quality and performance. Core Media will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco? engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Core Media contracts with Cisco? and backbone providers in regard to the emergency repair service in case of such an issue. Core Media will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Core Media will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client. Credits: Credit requests must be made on the Core Media web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by Core Media within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Core Media within five days after the end of such month. The total amount credited to a Client for Core Media not meeting SLA service levels will not exceed the service fees paid by Client Core Media for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Core Media receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Core Media. Upon Client?s request (in accordance with the procedure set forth below), Core Media will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Core Media and confirmed by Core Media measurement reporting. Such credit will be equal to one day?s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Core Media network for a calendar month exceeds 85 milliseconds, then upon Client's request, Core Media will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, Core Media will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. General: Core Media reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Core Media makes no claims regarding the availability or performance of the Core Media network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Service Agreement

THIS AGREEMENT FOR Core Media SERVICES (hereinafter referred to as the "Agreement") is made and effective as of the date of acceptance, by and between you, (here-in-after referred to as "Client") and Core Media. WHEREAS, Core Media owns, distributes, and/or provides various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet. WHEREAS, client desires to utilize the Core Media services to develop client's presence on the World Wide Web, connect to, and utilize the Internet. NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: General Agreement 1. Core Media Services. Core Media agrees to provide to client services. However, Core Media holds the right to deny any persons services. 1.1 Right to Deny Service(s). Core Media holds the right to deny service to any persons or businesses. Core Media may, on its own accord, cancel any orders or services without notifying the client or giving reason for doing so. If Core Media cancels a order the client will receive a full refund, if services have not yet been rendered. 2. Payment and Invoicing. 2.1 In consideration of the performance of the Core Media Services, Client shall pay Core Media in advance the amount set forth. 2.2 Client shall receive a confirmation letter/invoice via e-mail at the time Client contracts for the Core Media services, which shall confirm the fees payable to Core Media. Thereafter, Client shall receive a monthly billing invoice/statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein. All services are invoiced 5 days in advance, and must be paid in full by the first day of new the service period. 2.3 Client is responsible for all activities and charges resulting from Client's use of the Core Media Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Core Media in the event that Client's account is terminated or suspended by Core Media or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Core Media Services until Client notifies Core Media by Support Ticket and receiving a ticket tracking number. 2.4 Current rates for using the Core Media Service may be obtained by emailing Core Media, or visiting the Core Media website (https://www.Core Media.com). Core Media reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' (of end of current contract term) prior notice to Client. In addition, Core Media may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up. 2.5 Late Fees. If Core Media does not receive the full amount of Client's Core Media service account balance by the first day of a new service period, an additional 10% (or highest amount allowed by law per month) late charge will be added to Client's bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from Core Media's efforts to collect any unpaid balance of Client's account(s). Account suspension will occur immediately after the invoice is over-due. 2.6 Penalties and Extra Fees. Client agrees to pay Core Media US$35.00, per occurrence, for each chargeback issued against a transaction. Client agrees to pay Core Media a minimum of 35% (can be greater) or us$20 (which ever is more) additional to total due invoice(s), per occurrence, for each credit reporting/collection agency filing that may be necessary to expedite receipt of payment, collect on overdue funds, or other related issues. Client agrees to re-imburse Core Media for all legal/court fees obtained while attempting to collect client?s debt. Client agrees to pay Core Media US$50.00 for each re-activation of a suspended account. The US$50.00 re-activation fee is per account, with an account potentially containing multiple websites, servers, or other services. Core Media reserves the right to charge a US$25.00 expedite fee for any support issue that client insists be taken care of ?on the spot? immediately. Charges may be incurred for Abnormal Support requests serviced on your account. In an event that a client issues a dispute or chargeback against Core Media, Core Media holds the right to suspend or terminate client services immediately. Chargebacks/Disputes are not tolerated and client will forfeit all services with Core Media. 3. Responsibilities, Rights and Status of Core Media. 3.1 Means of Performance. Core Media shall provide Client with the Core Media services, as set forth. Core Media has the right to control and direct the means, manner, and method by which the services are performed. Core Media shall perform the services in a professional manner. 3.2 Support. Core Media shall provide a reasonable level of technical support to Client via Email, Support Tickets, Live Chat, forums, and/or online manuals/Knowledge bases for the term of this Agreement. 3.3 Other Work. Core Media has the right to perform and license products to others during the term of this Agreement. Core Media may elect to electronically monitor the services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate services and protect its Clients. Core Media reserves the right to block any site/account hosted by Core Media that contains/transfers any content that it deems in its sole discretion to be unacceptable or undesirable. 4. Responsibilities and Rights of Client. 4.1. Client Liaison. Client shall designate a contact person who shall act as a liaison between Client and Core Media. Client certifies to Core Media that he/she is not a minor. A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide Core Media with accurate, complete and updated information required by the registration/initiation of the Core Media service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify Core Media within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use Core Media Services. 4.2 Acceptance of Core Media Services. Client shall have the right to evaluate the Core Media Services as set forth for a period of thirty (30) days after initiation of the Core Media Services, at the charge, if any, set forth or elsewhere offered by Core Media and confirmed in the confirmation letter. If Client determines that any Core Media Services do not reasonably satisfy the standards provided herein, then Client shall promptly notify Core Media of such deficiency. Core Media shall use commercially reasonable efforts to cure such deficiency . In the event Core Media is unable to cure such deficiency, Client's sole and exclusive remedy shall be the refund of the amounts paid by Client under the Agreement, and the right to terminate this Agreement. 4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Core Media Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and InterNic. 4.4 Third-Party Software. Third-Party software available through the Core Media Service may be governed by separate end user licenses. By using the Core Media Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software. 4.5 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Core Media's then-standard Service Guidelines (AUP), Core Media Terms of Service (TOS), and any generally applicable guidelines and service standards published by Core Media. Client warrants that its content hosted on the Core Media network (I) will conform to the Core Media Terms of Service (TOS); (II) will conform to the Core Media Service Guidelines (AUP); (III) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (IV) will not contain any content which violates any applicable law, rule or regulation. Core Media shall have no obligations with respect to the content available on or through any site hosted on the Core Media network, including, but not limited to, any duty to review or monitor any such content. Core Media reserves the right to block any site that violates any of the above-stated terms, or which in Core Media's sole discretion, Core Media deems objectionable or offensive, or otherwise violates a law or Core Media policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein. 4.6 Service Level Agreement (SLA). Core Media is required maintain a Service Level Agreement (SLA) to guarantee network/equipment reliability and performance. The Core Media Service Level Agreement (SLA). Core Media reserves the right to change or modify this SLA to benefit the Client, and will post changes to online location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Core Media makes no claims regarding the availability or performance of the Core Media network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific details of the "Contract Specification" section of this agreement. In case of difference terms/points in SLA and "Contract Specification", the "Contract Specification" terms/points prevail over this general SLA policy. The "Contract Specification" signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability. 4.7 Co-Location/Equipment Insurance. Client is responsible for providing insurance coverage for all co-located equipment in the Core Media Data Center and/or all customer property not supplied and maintained by Core Media in a Core Media facility or at the customer?s premise. Core Media is not responsible for such equipment, but is required to provide a reasonable amount of protection for equipment, including, but not limited to; alarm systems, surge protection, security cameras, video recordings, monitoring, theft prevention, racking equipment, and weather control. 5. Confidentiality and Proprietary Rights. Both parties acknowledge that: (I) the other party is the owner of valuable trade secrets, and other proprietary information and license same from others; (II) in the performance of the Core Media Services, both parties shall receive or become aware of such information as well as other confidential and proprietary information concerning the other party's business affairs, finances, properties, methods of operation and other data (here-in-after collectively referred to as ("Confidential Information"), and; (IV) unauthorized disclosure of any Confidential Information would irreparably damage the owner or supplier of such Confidential Information. 5.2 Non-Disclosure. Both parties agree that, except as directed by the other party or as provided in this paragraph, neither party will at any time during or after the term of this Agreement and for a period of three (3) years after any such termination disclose any Confidential Information to any person or entity, or permit any person or entity to examine and/or make copies of any reports or any documents prepared by the other party or that come into the party's possession or under the party's control that relates to Confidential Information; and that upon termination of this Agreement, both parties will turn over to the other party all documents, papers, and other matter in such party's possession or under such party's control that contain or relates to such Confidential Information. Both parties shall notify the other party, prior to disclosure of the information to the other party, that it considers the information to be confidential. Confidential Information shall not include information that: (I) is already lawfully known to or independently developed by the receiving party; (II) is in the public domain through no fault of the receiving party; (III) is lawfully obtained from a third party without restrictions; or (IV) is required to be disclosed by law, regulation or governmental order. 5.3 Injunction Relief. Both parties acknowledge that disclosure of any Confidential Information by the other party will give rise to irreparable injury to the owner of such information, inadequately compensate in damages. Accordingly, either party may seek and obtain injunction relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available. 5.4 Proprietary Rights. Unless otherwise specified, all work performed here-under, is the property of Core Media and all title and interest therein shall vest in Core Media; provided however, that any content or materials supplied by Client shall remain the property of Client and its suppliers. To the extent that title to any such works may not, by operation of law, vest in Core Media, all rights, title and interest therein are hereby irrevocably assigned to Core Media. All such materials shall belong exclusively to Core Media, and Core Media shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give Core Media and any person designated by Core Media such reasonable assistance, at Core Media's expense, as is required to perfect the rights defined in this paragraph. 5.5 Non-Compete. Neither Client, nor Core Media, may at any time during contract term, and one year following termination of this contract, provide similar service to current customers of the other party. ?Current customers? is defined in this case as; any party having been a client within the past 12 months of the current date, regardless of whether client is currently still utilizing such services. A signed waiver on a case by case basis is required, should both parties agree to make an exception. Both parties are required to notify each other should a customer attempt to switch service to the other party. In event of a breach of this clause, the parties agree that damages in the amount of 24 months (2x revenue) should be paid. If Client fails to pay Core Media for services rendered, or Client?s services are suspended/cancelled according to appropriate policy, Core Media retains the right to accept Client?s customers directly as Core Media clientele. Core Media will take reasonable action to re-activate/re-instate Client?s service prior to such measures being taken, but such action may be necessary to protect the best interest?s of the end-user of the Core Media services, as well as the reputation of Core Media itself. 5.6 Non-Solicitation. Neither party should knowingly solicit for employment, offer employment to, or employ any of the other party?s employees/staff during contract term, and one year following termination of this contract. In event of a breach of this clause, the parties agree that damages in the amount of 12 months (1x annual salary) current salary for the individual(s) should be paid. 5.7 Marketing Rights. Client agrees that Core Media may refer to Client, and/or Client?s business/company, in Core Media marketing materials, the Core Media website, and communication to Core Media current/potential clientele. Client grants Core Media a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes. 6. Warranties/Indemnity. 6.1 Warranty. Client understands that except for information, products, or services clearly identified as being supplied by Core Media, neither Core Media, nor any of its affiliates, operates or controls any information, products, or services on the Internet in any way and that, except for such Core Media identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Core Media or its affiliates. The terms and conditions for the use of Core Media software/services provided by Core Media are governed by the terms of each product's end user license. ALL SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THE Core Media SERVICES ARE PROVIDED ON AN "AS IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Core Media DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE Core Media SERVICES; INCLUDING ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Core Media HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Core Media, ITS EMPLOYEES, LICENSEES, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Core Media OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE Core Media SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Core Media SERVICES and/or Core Media SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on the Core Media network; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to Core Media records, programs, or services. Core Media is not liable for damage caused by lightning strikes to customer premise equipment, co-located equipment, or customer property connected to such. Client should take proper precautions to protect their property from damage by lightning. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, Core Media's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 6.2 Indemnity. Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty, representation or warranty under this Agreement, except those resulting from the gross negligence or knowing or willful misconduct of the other party. Such indemnity shall be conditional upon (I) prompt notification to the other party of any indefinable claim; (II) the indemnifying party's control of all settlement and other negotiations; and (III) the indemnified party's full cooperation with respect to such claim. 6.3 Limitation of Liability. Core Media shall not be liable to Client for more than the aggregate amounts paid to Core Media under this Agreement. 6.4 Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS. 7. Terms and Termination. 7.1 Term. This Agreement will become effective on the date indicated in the "Contract Specification" section of this Agreement, and will remain in effect for the term indicated in same. This agreement is automatically renewed for same originating term as indicated in the "Contract Specification", section of this agreement at end of current term, unless Client terminates this Agreement (via fax, mail, or online cancellation form) to Core Media prior to reoccurring invoice creation. Once a invoice is created, it must be paid, however the client can still agree to have his/her services terminated. 7.2 Termination. In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement, by giving five (5) days prior notice thereof (by email, by ticket, by fax); provided, however, that this Agreement shall not terminate at the end of said five (5) days notice period if the party in breach has cured the breach of which it has been notified prior to the expiration of said five (5) days. 7.3 Termination of Agreement. Client may terminate this Agreement at any time for any or no reason upon written notice (via ticket, email, or online cancellation form within Client Area) to Core Media, within 5 days prior to next service term. Core Media may terminate this Agreement at any time for any or no reason upon five (5) days written notice (via fax, ticket, or email) to Client, prior to end of current service term. Notwithstanding the foregoing, Core Media may immediately block Client's site or immediately terminate Client's access to and use of the Core Media Service and software; if at Core Media's sole discretion, it deems any information contained in Client's site to violate Core Media's Terms of Service (TOS), Core Media's Basic Policy and Service Guidelines (AUP), or to be otherwise objectionable or offensive or to violate the law, in accordance with Section 4.6 herein. Client's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Core Media in operating the Core Media Service, any change in the content of the Core Media Service, or any change in the amount or type of fees charged in connection with the Core Media Service, is to terminate this Agreement by delivering notice to Core Media, effective the day Core Media receives notification of termination or any future date specified which is acceptable to Core Media. Core Media may terminate immediately any Client who misuses or fails to abide by this Agreement, Core Media's Terms of Service (TOS), or Core Media's Basic Policy and Service Guidelines (AUP) Core Media may terminate without notice Client's access to and use of the Core Media Service and Software upon a breach of this Agreement. If Core Media denies you access to the Core Media Services, you shall have no right to obtain any credit(s) otherwise due to you. Core Media shall have no responsibility to notify third-party providers/users of services, merchandise, or information, associated with your Core Media Service, nor shall Core Media have any responsibility for any damages that result from the lack of such notification. 7.4 Money Back Guarantee. At this current time Core Media does not offer any refunds except on a case to case basis. Client agrees to forfeit any sort of refund unless Core Media makes it known when delivering the products/services. At this current time, Core Media only offers money back guarantee (15 days) for shared hosting accounts, this excludes all other services provided by Core Media. 7.5 Surviving Sections. The following paragraphs shall survive the termination of the Agreement: 5 ("Confidentiality and Proprietary Rights"), 6 ("Warranties/Indemnity") and 8 ("General"). 8. General. 8.1 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right here-under. 8.2 In the event any one or more of the provisions of the Agreement or any of any exhibit is invalid or otherwise unenforceable, the enforce ability of remaining provisions shall be unimpaired. 8.3 Force. Neither party hereto shall be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for forty-eight (48) hours, the other party may terminate this Agreement without penalty and without further notice. 8.4 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party. 8.5 Entire Agreement. This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which is different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.