In consideration for the back office provided by the hosting services under this agreement, the customer agrees to pay back office the total monthly fee based on the monthly hosting services and selected terms. “background technology” means computer programming/formatting code or operating instructions developed by or for Back Office and used to host or operate the Website or a web server in connection with a Website; Background technology includes, among other things, all the files needed to create forms, buttons, control boxes and similar functions, as well as underlying technologies or components, for example.B. style sheets, animation templates, interface programs that connect multimedia and other programs, custom graphics engines and menu utilities, whether in database or dynamic form. Background technology does not contain customer content. The customer may not reproduce or distribute any background technology to third parties without the prior written consent of Back Office. All rights to the background technology that are not expressly granted to the customer in this area are retained by Back Office. Without limiting the foregoing, Customer agrees not to dismantle, disassemble, decompile or otherwise dismantle the source code of the background technology, except as permitted by law. With the exception of third-party materials and background technologies, as set forth in Section 4, Customer is the owner of Customer Content. “Customer Content” means any content or information (including, but not limited to, text, music, sound, photos, videos, graphics, data or software) in any media provided by the Back Office Customer. “third-party hardware” means any content, software or other computer programming material that is owned by a legal entity other than Back Office and that is authorized by Back Office or that is publicly available, including the customer, under published license terms, and that uses the Back Office to display or operate a website. Back Office owns the rights to the design of the site. If a customer no longer pays the monthly site fee after termination, the customer does not have the right to use the site for any purpose.
Back Office`s liability under this Agreement shall not exceed the amount that the Customer has paid to BACK OFFICE DURING THE PERIOD OF THREE (3) MONTHS PRECEDING THE COMMENCEMENT OF THE ACTION. Back Office IS NOT LIABLE FOR (A) LOSS OF USE, LOSS OF DATA OR BUSINESS INTERRUPTION, OR (B) INDIRECT, SPECIAL, RANDOM, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT, LOSS OF PROFITS), REGARDLESS OF FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), NO-FAULT OR OTHER LIABILITY, EVEN IF BACK OFFICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT SUCH RESTRICTIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND, WITHOUT SUCH RESTRICTIONS, BACK OFFICE WOULD NOT ENTER INTO THIS AGREEMENT. Back Office makes available to the customer the ordered services described in the order overview within 5 to 10 working days. Customer understands and agrees that Back Office will host and create the Site only in accordance with the information provided by Customer. Except as expressly provided in this Agreement, the Services are provided “as intended” and Back Office expressly disclaims any express, implied or statutory form of warranty and condition, including, but not limited to, implied warranties of title, non-infringement, market usability and fitness for a particular purpose. Interruption of the Service: You acknowledge and agree that Back Office is not responsible for delays, breakdowns or temporary interruptions of the Services. Each Party acknowledges that it has not entered into this Agreement on the right to rely on any guarantee or insurance, except as expressly specified in this Agreement.
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