The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and Harbor East Hosting Solutions regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of Harbor East Hosting Solutions to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Harbor East Hosting Solutions thereafter to enforce such provisions.
Harbor East Hosting Solutions will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Harbor East Hosting Solutions liable for any of the consequences of such interruptions.
Your use of Harbor East Hosting Solutions services is at Your sole risk. Harbor East Hosting Solutions is not responsible for files and data residing on Your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Harbor East Hosting Solutions servers.
Sections 1, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any termination or cancellation of this Agreement
21. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
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