Terms of Service v. 8.9, Updated March 26, 2012

Case Point Inc.’s primary objective is to value and support our customers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our customers.

In pursuit of our primary objective, Case Point Inc. agrees to deliver the agreed upon services, as declared in the “New Customer” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Case Point Inc.’s service(s) by a customer constitutes an unconditional acceptance of and agreement to Case Point Inc.’s TOS. Case Point Inc. reserves the right to
change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.

I. Cancelation Policy

Case Point Inc. allows its customers the ability to cancel the monthly service at anytime. This guarantee allows customer to purchase Case Point Inc.’s services with full confidence and limited-risk. A customer may cancel his account at any time online via email. If requesting a cancellation, we ask that customer briefly explains the reasons for doing so, as well as any suggestions on how Case Point Inc. could improve service. The cancellation will take effect immediately and the customer’s account will remain active until the end of the subscription. This cancelation will terminate the monthly service agreement. The customer will not be refunded the set up fee or the current month service fee.

II. Pricing Schedule

At Case Point Inc., we strive to keep our prices low and give our customers the best deals possible. That is why we fully disclose our pricing structure.

Set up fee: The initial set up fee for Case Point Pro is $99.95 which is Non-Refundable.
Monthly Pricing: The current monthly pricing is $49.95 per month. The monthly pricing includes software installation on up to five computers. The monthly fee also includes web access accounts to include (5) administrators (10) Employees and (10) Clients. Additional users can be added for an additional monthly fee.
Additional software licenses $10.00 Per month per license includes additional admin web access account
Minimum Additional employee web access $25.00 Per month for 10 additional.
Minimum Additional client web access $25.00 Per month for 10 additional.
Other monthly packages are available upon request, discounts pricing may be available.
Hourly Software/Web Design: The rate for custom web design and custom software design is $145.00 per
hour.

III. “Fair-Use” Resource Assignment
Case Point Inc. offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer. File quota limits are enforced to ensure system operating integrity and reliability and are limited to files sizes of 50 MB per file transfer. It is acknowledged by users of Case Point Inc. services that these resource allotments are optimized and dedicated towards serving web documents. It is also acknowledged by users of Case Point Inc services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Case Point Inc. takes measures to utilize the latest and most economically feasible server technology available to provide services. It is furthermore acknowledged by users of Case Point Inc. services that all provided services are of a shared-server nature, and other users are
sharing the provided space. Customer accounts are placed on a server with other users. It is acknowledged that any single customer is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Case Point Inc.reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user
is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service
provider. This policy only applies to customers that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been reached, particularly in regards to disk space, bandwidth or CPU processing power utilization. If a “Fair-Use” breach occurs, which’s determination is solely up to Case Point Inc., customer may have to remove files from or reduce access to customer’s account to an extent as determined by Case Point Inc., in order to restore full serviceability to other customers affected by the breach. In any case, the customer will be notified of any
actions that Case Point Inc. may have to take.

IV. Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Case Point Inc. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.

V. Failure to Pay

Case Point Inc. may temporarily deny or terminate service upon the failure of the customer to pay the any charges when due to include but not limited to monthly fees and hourly charges. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges and any collection fees.

VI. Server Down Time

Customers will be notified when possible of pending server down time. Case Point Inc. shall not be liable for any damages arising from such down time.

VII. Customer Acknowledgement

Customer acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Case Point Inc. and that damages resulting from any interruption of service are impossible to ascertain. Therefore, customer agrees that Case Point Inc. shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Case Point Inc. Customer further acknowledges that the Case Point Inc.’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Case Point Inc. be liable for any special or consequential damages, loss or injury.

VIII. Data Transfer and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Case Point Inc. will monitor customer’s bandwidth and disk usage. Case Point Inc. 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 is in Case Point Inc.’s sole and absolute discretion, at any time deemed necessary by Case Point Inc. In any case, customer will be warned of approaching or exceeded resource limits via email by Case Point Inc.’s automated notification system.

IX. System and Network Security
Customers or any network users are prohibited from violating or attempting to violate the security of Case Point Inc.’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Case Point Inc. will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting customers who are involved in such violations. These violations include, but are not limited to:

Accessing data not intended for such customer or logging into a server or account, which such customer is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any customer, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which customer is not entitled.

X. Suspension of Service or Cancellation

Case Point Inc. reserves the right to suspend network access to any customer if in the judgment of Case Point Inc., the customer’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Case Point Inc. deems necessary. If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the customer in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer may not be credited for
the time the customer’s machines were suspended if the customer is found to be at fault. The customer is also responsible for maintaining a backup of his current data at all times and no backups will be provided.

XI. Miscellaneous Provisions

Customer must provide Case Point Inc. real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference. Case Point Inc. takes no responsibility for any material placed on its network by others. Case Point Inc. is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Case Point Inc. disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

XII. Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that Case Point Inc. may disclose any and all customer information including assigned IP numbers, account history,
account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the customer.

XIII. Indemnification

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any
and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s
representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein

XIV. Severability

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XV. Applicable Law

This TOS is subject to the governing laws of the Common Wealth of Pennsylvania. Courts of competent jurisdiction in Lancaster, Pennsylvania shall hear and decide any disputes.
XVI. Data Integrity

The customer is responsible for keeping a complete and current copy of their database files as a backup on a remote system (not solely on Case Point Inc. servers). Case Point Inc. is NOT RESPONSIBLE for any lost files, information or data. Case Point Inc. makes regular internal backups of internal system configurations and databases. Although Case Point Inc. backups may include the customer database and information for disaster recovery purposes, these backups are not to be relied on by the customer. Case Point Inc. does not guarantee to possess.

XVII. Limited Liability

Case Point Inc. is not liable for any damages or data loss that arise from the use of this service. Case Point Inc. is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. Under no circumstances shall the customer hold Case Point Inc. responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.

XVIII. Case Point Inc. – Additional Security

Case Point Inc. has partnered with third-party vendor to bring you SSL security to protect your data. Please visit the product’s website to view their respective terms and conditions.