Terms and Conditions (TAC)

COSITO LLC provides its service to the Customer, subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to the Customer. In addition, when using particular COSITO LLC services, the Customer and COSITO LLC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TAC. COSITO LLC may, but is under no obligation to, provide notice of any amendment, modification or update of this Terms and Conditions (TAC). Any modification is effective on the earlier of two days after posting on COSITO’s Web site or two days after the sending of a notice by COSITO LLC to the Customer by e-mail or conventional mail. If any material modification to these Terms and Conditions or the Usage Agreement is unacceptable to the Customer, the Customer may terminate the subscription as provided in Section 11. However, if the Customer does not terminate the existing Agreement, or if the Customer continue to use the Services following effectiveness of the modification, The Customer’s continued use will mean that the Customer has accepted that modification COSITO LLC reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

1. USER AGREEMENT
The User Agreement ("Agreement") is an agreement COSITO LLC, a Florida corporation, and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in the Agreement as "Customer". COSITO LLC reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by COSITO LLC. Activation of the Services shall indicate COSITO LLC's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, COSITO LLC will provide to Customer the Services selected by the Customer set forth on the Order Form.

2.  MEMBER ACCOUNT, PASSWORD AND SECURITY
The Customer will receive a password and account designation upon completing the Service''s registration process or with submitting an “Order Form”. The Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the Customer’s password or account. The Customer agrees to (a) immediately notify COSITO LLC of any unauthorized use of the Customer’s password or account or any other breach of security, and (b) ensure that the Customer exits from the Customer’s account at the end of each session. COSITO LLC cannot and will not be liable for any loss or damage arising from the Customer’s failure to comply with this Section 2.

3. MEMBER CONDUCT
The Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Customer, and not COSITO LLC, is entirely responsible for all Content that the Customer uploads, post, email, transmits or otherwise makes available via the Service. COSITO LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Customer understands that by using the Service, the Customer may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will COSITO LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

The Customer agrees to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a COSITO LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent the Customer’s affiliation with a person or entity;
d. forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.

The Customer acknowledges that COSITO LLC does not pre-screen Content, but that COSITO LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, COSITO LLC and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. The Customer agrees that the Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the Customer acknowledges that the Customer may not rely on any Content created by COSITO LLC or submitted to COSITO LLC.

The Customer acknowledge and agree that COSITO LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of COSITO LLC, its users and the public.

The Customer understands that the technical processing and transmission of the Service, including the Customer’s Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. THE CUSTOMER’S REGISTRATION OBLIGATIONS
In consideration of the Customer’s use of the Service, the Customer agrees to: (a) provide true, accurate, current and complete information about him as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or COSITO LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COSITO LLC has the right to suspend or terminate the Customer’s account and refuse any and all current or future use of the Service (or any portion thereof).

5. COSITO LLC PRIVACY POLICY
Registration Data and certain other information about the Customer are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.cosito.com.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the Customer reside.

7. INDEMNITY
The Customer agrees to indemnify, defend and and hold harmless COSITO LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Customer submits, post, transmit or make available through the Service, the Customer’s use of the Service, the Customer’s connection to the Service, the Customer’s violation of the TAC, or the Customer’s violation of any rights of another.

8. NO RESALE OF SERVICE
The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE
The Customer acknowledges that COSITO LLC may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on COSITO LLC's servers on the Customer’s behalf, and the maximum number of times (and the maximum duration for which) the Customer may access the Service in a given period of time. The Customer agrees that COSITO LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The Customer acknowledges that COSITO LLC reserves the right to log off accounts that are inactive for an extended period of time. The Customer further acknowledge that COSITO LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE
COSITO LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Customer agrees that COSITO LLC shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Service.

11. TERM, TERMINATION and CANCELLATION
The Customer agrees that COSITO LLC may, under certain circumstances and without prior notice, immediately terminate the Customer’s COSITO LLC account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TAC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the Customer (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of the Customer’s COSITO LLC account includes (a) removal of access to all offerings within the Service, including but not limited to COSITO LLC Mail, Domains and Personals, (b) deletion of the Customer’s password and all related information, files and content associated with or inside the Customer’s account (or any part thereof), and (c) barring further use of the Service. Further, the Customer agrees that all terminations for cause shall be made in COSITO LLC's sole discretion and that COSITO LLC shall not be liable to the Customer or any third-party for any termination of the Customer’s account, any associated email address, or access to the Service.

The initial term of any Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, the Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

The Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) COSITO LLC in the event of nonpayment by Customer, (iii) by COSITO LLC, at any time, without notice, if, in COSITO LLC's judgment, Customer is in violation of any term or condition of the TAC or Customer’s use of the Service disrupts or, in COSITO LLC’s judgment, could disrupt COSITO LLC’s business operations and (iv) by COSITO LLC in accordance with Sections 1, 16, and 17 of the Agreement.

If the Customer cancels the Agreement prior to the end of the Term, (i) the Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) COSITO LLC shall refund to the Customer all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, (iii) the Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) COSITO LLC shall have the right to charge the Customer an early cancellation fee of $25.00. Any cancellation request shall be effective 30 days after receipt by COSITO LLC, unless a later date is specified in such request.

If COSITO LLC cancels this Agreement prior to the end of the Term, COSITO LLC shall not refund to the Customer any fees paid in advance of such cancellation and (i) the Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) the Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) COSITO LLC shall have the right to charge the Customer an early cancellation fee of $25.00.

12 . LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because COSITO LLC has no control over such sites and resources, the Customer acknowledges and agree that COSITO LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The Customer further acknowledges and agrees that COSITO LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13.  COSITO LLC'S PROPRIETARY RIGHTS
The Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Customer further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the Customer through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by COSITO LLC or advertisers, the Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

COSITO LLC grants the Customer a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the Customer does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The Customer agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The Customer agrees not to access the Service by any means other than through the interface that is provided by COSITO LLC for use in accessing the Service.

14. IP ADDRESS-OWNERSHIP
If COSITO LLC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to COSITO LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by COSITO LLC in its sole discretion in connection with the Services, during the term of this Agreement. COSITO LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by COSITO LLC, and COSITO LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

15. CACHING
Customer expressly (i) grants to COSITO LLC a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by COSITO LLC under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

16. CPU USAGE
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of COSITO LLC's servers. Any violation of this policy may result in corrective action by COSITO LLC, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in COSITO LLC's sole and absolute discretion. If COSITO LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

17. BANDWITH and DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). COSITO LLC will monitor Customer's bandwidth and disk usage. COSITO LLC shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in COSITO LLC's sole and absolute discretion. If COSITO LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

18. DISCLAIMER OF WARRANTIES
THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. THE CUSTOMER’S USE OF THE SERVICE IS AT THE CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COSITO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. COSITO LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE CUSTOMERR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE SERVICE WILL MEET THE CUSTOMER’S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CUSTOMERS OWN DISCRETION AND RISK AND THAT THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM COSITO LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

19. LIMITATION OF LIABILITY
THE CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT COSITO LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COSITO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CUSTOMERR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS and LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO THE CUSTOMER.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If the Customer intends to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for the Customer. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. COSITO LLC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

22. NOTICE
Notices to the Customer may be made via either email or regular mail. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to the Customer generally on the Service.

23. TRADEMARK INFORMATION
COSITO LLC, the COSITO logo and other COSITO LLC logos and product and service names are trademarks of COSITO LLC (the "COSITO LLC Marks"). Without COSITO LLC's prior permission, the Customer agrees not to display or use in any manner, the COSITO LLC Marks.

24. COPYRIGHTS
COSITO LLC respects the intellectual property of others, and we ask our users to do the same. If the Customer believes that the Customer’s work has been copied in a way that constitutes copyright infringement, or the Customer’s intellectual property rights have been otherwise violated, please provide COSITO LLC with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that the Customer claims has been infringed;
a description of where the material that the Customer claim is infringing is located on the site;
the Customers address, telephone number, and email address;
a statement by the Customer that the Customer has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by the Customer, made under penalty of perjury, that the above information in the Customers Notice is accurate and that the Customer are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
COSITO LLC for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

COSITO LLC
5509 Grand Blvd. Suite 304
New Port Richey, FL 34652

25. GENERAL INFORMATION
All invoices are issued on the 15^th of each month.  These invoices are for the services that cover the month prior from the 1^st to the 30^th.  This new policy also includes our clientele with alternate payment arrangements that been previously agreed upon.  These invoices are required to be paid and in our possession by the due date of the invoice (normally falling on the first of the month).  If COSITO does not receive your payment by the first, we will then be forced to charge a late fee of $5.00 at that time.  You will then be issued a final notice, by mail and also by e-mail to the primary e-mail address that you have provided and registered with COSITO.  On the due date of the final notice, if your payment has not been received by 2 PM, then termination of your site will be rendered.  All accounts due under discounted payment schedules would then be changed to reflect payments made on a monthly basis and treated as described above, until the issue is resolved.  Once your account status is current then you may change back to your original discounted payment agreement.

If your service is terminated due to non-payment, reactivation of your site will be allowed only once.  Prior to this one-time reactivation, the client will be required to pay the balance due which shall include the incurred late charges, the **reactivation charge and the full payment of the following month.  To minimize the risk of additional charges, you may inquire about our various forms of payment option.

**Our reactivation charges are as follows; to reactivate your site within normal business hours (Monday thru Friday 9AM to 4PM), the cost will be $25.00.  Due to any circumstances that requires urgency, if your site is to be reactivated after hours, on weekends or holidays, the charge then becomes $50.00.**

COSITO LLC has the right to post its name/link as the design and powering company in an area not to distract from the basis of the site design unless the client has provided explicit written request otherwise.

The TAC constitutes the entire agreement between the Customer and COSITO LLC and governs the Customer’s use of the Service, superceding any prior agreements between the Customer and COSITO LLC. The Customer also may be subject to additional terms and conditions that may apply when the Customer use affiliate services, third-party content or third-party software. The TAC and the relationship between the Customer and COSITO LLC shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The Customer and COSITO LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pasco, Florida. The failure of COSITO LLC to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TAC are for convenience only and have no legal or contractual effect.

26. VIOLATIONS
Please report any violations of the TAC to our Customer Care group.

27. WARRANTIES / REFUNDS

28. CONFIDENTIALITY

This agreement is confidential to COSITO and client shall not share it with anyone other than its employees or advisors who need to know the information contained herein.

29. INDEPENDENT CONTRACTOR

COSITO and client understand and acknowledge that COSITO shall perform its duties hereunder as client’s independent contractor, and that this Agreement does not create a joint venture, partnership, employment or agency relationship between COSITO and client.

30.  SUBCONTRACTORS

COSITO may hire or contract with third party service providers or other contractors of their choice to assist that party in fulfilling its obligations pursuant to this agreement.

Client agrees that prior to servicing any equipment or making changes to existing website, etc... that it is Client’s responsibility:

(1) to back up the data, software, information or other files stored on client’s computer disk drives, peripherals, etc... and (2) to remove all compact discs, floppy discs, or other media from client’s product. Client agrees that whether or not client requests back up services from COSITO and/or its third party service provider, neither COSITO nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, compact discs, floppy discs, or any other media.