Terms of Service - Covalime

Covalime, Inc Terms of Service

Covalime, Inc can change these Terms of Service at any time without specific notice to you. The latest version of these Terms of Service will be posted on the website, and you should review these Terms of Service prior to using the website.

These Terms of Service shall be treated as though it were executed and performed in Naples, Collier County, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles. Any cause of action by you with respect to the website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service.

The language in these Terms of Service shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms of Service. Should any part of these Terms of Service be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Service shall survive any termination of this agreement.

Any legal claim arising out of or relating to these Terms of Service or the website, excluding intellectual property right infringement claims by the law firm or its principals, shall be settled solely by confidential binding arbitration per arbitration shall be administered pursuant to JAMS Streamlined Arbitration Rules and Procedures. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Naples, Collier County, Florida. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.

Hosting Terms of Service

Complete Terms of Service and Privacy Policy must be agreed to prior to purchase of hosting services

Covalime, Inc hosting does not allow pornographic material
Covalime, Inc hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time
Covalime, Inc reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
– Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”
– The Services to traffic in illegal drugs, gambling and/or obscene materials
– The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
Additionally, Covalime, Inc hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature

Hosting Services Billing and Payment

Customers will pay to Covalime, Inc the Hosting Fees for the hosting services in the manner set forth in the invoice form
Covalime, Inc may increase the Hosting Fees without prior notice
The Hosting Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Covalime, Inc’s net income). All such taxes will be added to Covalime, Inc’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
Unless otherwise specified, all fees and related charges shall be pay as you go and will be due at the time service is rendered, or upon completion of the specified project.
Any invoice not paid within seven (7) days after the date of the invoice, will incur a late fee of $25; in addition any amounts payable to Covalime, Inc not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
If Covalime, Inc collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Covalime, Inc prevails in any action to which the Customer and Covalime, Inc are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Covalime, Inc’s reasonable attorneys’ fees.
If any check is returned for insufficient funds Covalime, Inc may impose a minimum processing charge of $25.00.
In the event that any amount due to Covalime, Inc remains unpaid forty-five (45) days after such payment is due, Covalime, Inc, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
There may be a minimum $75.00 charge to reinstate accounts that have been suspended or terminated.
There may be a minimum $35.00 charge to for all credit card chargebacks.

New Client Commercial Networking Client Billing and Payment

New customers will pay to Covalime, Inc the Commercial Networking Service Fees for the networking services in the manner set forth in the invoice form. Covalime, Inc may increase the Commercial Networking Service Fees without prior notice.
The Commercial Networking Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Covalime, Inc’s net income). All such taxes will be added to Covalime, Inc’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
Unless otherwise specified, all fees and related charges shall be ‘pay as you go’ and will be due at the time service is rendered, or upon completion of the specified project. Any invoice not paid within seven (7) days after the date of the invoice, will incur a late fee of $25; in addition any amounts payable to Covalime, Inc not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
In the event that any amount due to Covalime, Inc remains unpaid seven (7) days after such payment is due, Covalime, Inc, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services including but not limited to email, phone and/or on-site IT networking support service calls.
If Covalime, Inc collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Covalime, Inc prevails in any action to which the Customer and Covalime, Inc are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Covalime, Inc’s reasonable attorneys’ fees.
If any check is returned for insufficient funds Covalime, Inc may impose a minimum processing charge of $25.00.
There may be a minimum $75.00 charge to reinstate accounts that have been suspended or terminated.
There may be a minimum $35.00 charge to for all credit card chargebacks.

Commercial and Residential Networking Billing and Payment

Customers will pay to Covalime, Inc the Commercial Networking Service Fees for the networking services in the manner set forth in the invoice form
Covalime, Inc may increase the Commercial Networking Service Fees without prior notice
The Commercial Networking Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Covalime, Inc’s net income). All such taxes will be added to Covalime, Inc’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within thirty (30) days after the date of the invoice, Covalime, Inc may charge Customer a late fee of $10; in addition any amounts payable to Covalime, Inc not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less
In the event that any amount due to Covalime, Inc remains unpaid forty-five (45) days after such payment is due, Covalime, Inc, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services including but not limited to email, phone and/or on-site IT networking support service calls.
If Covalime, Inc collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Covalime, Inc prevails in any action to which the Customer and Covalime, Inc are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Covalime, Inc’s reasonable attorneys’ fees.
If any check is returned for insufficient funds Covalime, Inc may impose a minimum processing charge of $25.00.
There may be a minimum $75.00 charge to reinstate accounts that have been suspended or terminated.
There may be a minimum $35.00 charge to for all credit card chargebacks.

Limitation of liability

In no event will Covalime, Inc, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Covalime, Inc under this agreement. Covalime, Inc shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Covalime, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

General representation and warranty

You represent and warrant that (i) your use of covalime.com will be in strict accordance with the Covalime, Inc Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of covalime.com will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Covalime, Inc, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of covalime.com, including but not limited to your violation of this Agreement.