CADcommunity Hosting Terms & Conditions
Agreement
If you have any questions regarding these
terms, please contact us at
www.cadopolis.com
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS
WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Termination Policy:
CADcommunity.net may terminate this Agreement at any time and for any reason by
providing to you written notice thirty (30) days prior to the date of
termination.
Applicable Use Policy:
The CADcommunity.net Acceptable Use Policy (the "Usage
Policy") govern the general policies and procedures for use of the Services.
Investigation of Violations:
CADcommunity.net may investigate any reported or suspected violation of this
Agreement, its policies or any complaints and take any action that it deems
appropriate and reasonable under the circumstance to protect its systems,
facilities, customers and/or third parties.
Actions:
CADcommunity.net reserves the right and has absolute discretion to restrict or
remove from its servers any content that violates this Agreement or related
policies or guidelines, or is otherwise objectionable or potentially infringing
on any third party's rights or potentially in violation of any laws.
Customer and/or Third Party Acts:
CADcommunity.net is not responsible in any manner for any non-confirming
Services to the extent caused by you or your customers. In addition,
CADcommunity.net is not responsible for loss or corruption of data in
transmission, or for failure to send or receive data due to events beyond
CADcommunity.net's reasonable control.
No Express or Implied Warranty: all services, systems and products
provided by cadcommunity.net under this agreement are provided without any
express or implied warranty in fact or in law, whatsoever. You acknowledge and
agree that cadcommunity.net exercises no control over, and accepts no
responsibility for, the content of the information passing through
cadcommunity.net's computers, network hubs and points of presence, or the
internet.
Limitations: In no event shall cadcommunity.net have any liability
whatsoever for damage, unauthorized access to, alteration, theft or destruction
of information provided to cadcommunity.net , distributed or made available for
distribution via the services. Cadcommunity.net shall have no liability under
this agreement or otherwise for consequential, exemplary, special, incidental,
or punitive damages even if cadcommunity.net.
You hereby acknowledge and agree that CADcommunity.net will not be liable for
any temporary delay, outages or interruptions of the Services.
Maintenance:
You hereby acknowledge and agree that CADcommunity.net reserves the right to
temporarily suspend services for the purposes of maintaining, repairing, or
upgrading its systems and network.
INDEMNIFICATION:
You will defend, indemnify and hold harmless CADcommunity.net and its officers,
directors, shareholders, employees, consultants, agents, affiliates and
suppliers (an "Indemnitee") from any and all threatened or actual claims,
demands, causes of action, suits, proceedings (formal or informal), losses,
damages, fines, penalties, liabilities, costs and expenses of any nature,
including attorneys' fees and court costs, sustained or incurred by or asserted
against any Indemnitee by any person, firm, corporation, governmental authority,
partnership or other entity by reason of or arising out of or relating to: (i)
your violation or breach of any term, condition, representation or warranty of
this Agreement or any applicable policy or guideline; (ii) your conduct,
including but not limited to your negligence, gross negligence, or willful
misconduct; (iii) your use of the Services, including any improper or illegal
uses; (iv) any claim by a former employee of yours whose employment has been or
may be terminated in connection with or as a result of the execution of this
Agreement and performance of the Services by CADcommunity.net ; or (v) any claim
relating to your services or products, or your installation and/or use of any
third-party software, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright, patent, trade
secrets or nonproprietary right of a third party (including, without limitation,
defamation, libel, or violation of privacy or publicity).
Choice of Law and Forum:
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF CANADA.
No Waiver:
CADcommunity.net's failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of CADcommunity.net's right to
subsequently enforce such provision or any other provisions under this
Agreement.
Severability: If any provision of this Agreement is deemed
illegal, invalid, void or otherwise unenforceable in whole or in part, that
provision shall be severed or shall be enforced only to the extent legally
permitted, and the remainder of the provision and the Agreement shall remain in
full force and effect.
CADcommunity.net reserves the
right to change or modify any of the terms and conditions contained in this
Agreement, any Addendum and any policy or guideline incorporated by reference 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. Any
changes or modification will be effective upon posting of the revisions on the
CADcommunity.net Web site.