The following
TERMS OF SERVICE detail the conditions for services
provided by DamonHost.com. This document constitutes a
binding agreement between DamonHost.com and the user of
the services provided. These terms must be accepted by
the user prior to the provision of the Services ordered
through submission of the registration form. By ordering
the services, you agree to be bound by the terms and
conditions stipulated below without modification.
Fees
and Payment
Hosting
Fees
We do not
charge Set Up fees.
Hosting
fees (paid annually) shall be forwarded prior to
commencement of services.
Hosting
fees are non-refundable after 30 days.
The
hosting fee entitles you to one year of hosting. There
shall be no additional costs to the customer for a period
of one year after commencement of service. All accounts
expire after one year and accounts will be charged the
same fee for an additional year of hosting. We will email
you when your hosting fee is due - we do not
automatically charge your credit card at any
time.
Term
and Termination
1. When
you sign up for the services provided by DamonHost this
agreement shall become applicable and
effective.
2.
DamonHost reserves the right to terminate this agreement
and the customer's site due to any breach of the
provisions stipulated herein. The decision to terminate
an account shall be left to the sole discretion of
DamonHost and DamonHost shall not be compelled to give
reasons for any actions taken in this respect. DamonHost
shall have no obligation to refund any fees that are
clearly stated to be non-refundable. We reserve the right
to delete any site deemed unacceptable for any reason
without prior notice.
3. The
customer may terminate the services at any time by
contacting DamonHost.com via email. There shall be no
refund of fees after the 30 day money back guarantee
period.
4.
Members will be responsible for their own web site
development, operation and maintenance.
5.
Members will be solely responsible for all products,
contents and materials appearing online or on their web
site.
6.
Members will be responsible for the accuracy and
appropriateness of content and materials appearing on
their web site.
7.
Members will be responsible for ensuring that the content
and materials appearing on their pages do not violate or
infringe upon the rights of any third parties.
8.
Members will be responsible for ensuring that the content
and materials appearing on their pages are not libelous
or otherwise illegal.
9.
Members will be responsible for the final calculation and
application of shipping and sales tax and for accepting,
processing, filling and shipping any customer orders or
any other e-commerce transactions that they may be
engaging in.
10.
Members will be responsible for the security of any
customer credit card numbers and related customer
information that are obtained or accessed as a result of
conducting electronic commerce via their Site and to keep
all such information confidential and to exercise the
same degree of care and security standard in the
industry.
Bandwidth
and Disk Space
You must
agree that Disk Space usage shall not exceed the number
of megabytes per month for the services ordered by you
through the registration. This usage is monitored and
measured by DamonHost. Any Disk Space usage in excess of
the agreed upon number of megabytes per month may result
in corrective action by DamonHost, in its sole discretion
including additional charges, disconnection or
discontinuance of any and all services, or termination of
this Agreement. In the event that DamonHost elects to
take any corrective action, you shall not be entitled to
a refund of any fees paid in advance prior to such
corrective action. Any or all action by us will only be
taken after we notify you by email.
Amendments
DamonHost
reserves the right to amend the service offerings and
add, delete, suspend or modify the terms and conditions
of the services set forth in this Agreement at any time,
and to determine whether and when, at its sole
discretion, any such changes apply to both existing or
future members.
Content
This
service is provided for both Business and Private users.
DamonHost is not responsible for the content of any web
page hosted by DamonHost.com. The opinions and views
expressed in DamonHost.com hosted pages do not
necessarily reflect those of DamonHost. The contents of
the web pages hosted on DamonHost.com are not reviewed in
any way before they appear on the web page. As the author
of web pages hosted by DamonHost.com, you take full
responsibility for their contents. Do not use the web
space provided by DamonHost.com to provide material that
is grossly offensive to the web community, including, but
not limited to, blatant expressions of bigotry, racism,
hatred, profanity or for promoting or providing
instructional information about illegal activities or
promoting physical harm or injury against any group or
individual.
DamonHost.com
services shall only be used for lawful purposes.
Transmission or solicitation of any material that
violates United States federal, state or other laws that
may apply in this jurisdiction or your local area is
prohibited.
DamonHost.com hosted
pages cannot contain, or provide links to, materials that
DamonHost, in its sole discretion, may consider illegal
or offensive, including, but not limited to:
Copyrighted
material not belonging to you -- for example, music,
images, software or video -- unless you have the prior
consent of the copyright owner;
Trademarked
material not belonging to you -- for example,
wordmarks, design marks or a combination thereof --
without prior consent of the trademark owner;
Foul language;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but
not limited to: material that is obscene, threatening,
harassing, libelous or in any way a violation of
intellectual property laws.
Members shall not use
their DamonHost.com hosted web pages to conduct the
following activities:
Sell weapons
or promote the use thereof;
Send bulk/spam e-mail from a DamonHost.com server, or
sending such e-mail with DamonHost.com web site listed
as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services that may
contribute to news or e-mail spamming;
Host a banner exchange;
Disclose the trade secrets of any other entity or
individual;
Use patented materials without the prior consent of
the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on DamonHost.com
systems or accounts; or
Conduct any other activities, that DamonHost.com
determines, in its sole discretion, to be illegal or
an unreasonable drain on system resources.
It is impermissible to
use DamonHost servers for the following
purposes:
To launch
malicious attacks on other servers including, but not
limited to, denial of service attacks, mail bombs,
hack attacks, spamming, port scanning or port
probing;
To connect directly to external servers using, for
example, Internet Relay Chat (IRC), port scanning or
any other unauthorized connection;
To open sockets of any kind including but not limited
to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files for
other sites; or
To conduct any other activity that DamonHost.com
determines, in its sole discretion, to be an improper
use of the DamonHost.com servers.
DamonHost reserves the
right to terminate your DamonHost.com account or remove
any page it determines, in its sole judgment, is in
violation of any provision of this Agreement.
Disclaimer of
Warranties
Member understands
that the Internet and other various networking
communication mediums are not secure, unless explicitly
specified as such, and may be subject to interception or
loss. DamonHost.com makes no warranties of any kind,
either express, implied or statutory, concerning the data
or information available through the DamonHost.com
hosting network or the Internet. DamonHost.com services
are provided on an "AS IS" basis. DamonHost.com makes no
representations or warranties of any kind, express or
implied, including without limitation:
-THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT;
-THAT THE HOSTING
SERVICES WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR
OPERATE WITHOUT ERROR;
-ANY IMPLIED WARRANTY
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE;
AND
-ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF DamonHost.com
-TO THE FULL EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, DamonHost.com DISCLAIMS
ANY AND ALL SUCH WARRANTIES.
Limitation of
Liabilities
IN NO EVENT SHALL
DamonHost.com BE LIABLE FOR DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE
AGREEMENT, THE HOSTING SERVICES, OR THE INABILITY TO USE
THE HOSTED SITE. DamonHost.com's liability to the Member
for actual damages for any cause whatsoever, regardless
of the form of the action, will be strictly limited to a
maximum of the Fees paid.
DamonHost.com, ITS
OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL
NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR
INJURY RESULTING FROM THE USE OF THE HOSTING SERVICES,
CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR
CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE
SERVICES. DamonHost.com, ITS OFFICERS, DIRECTORS, OWNERS,
AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE
USE OR INABILITY TO USE THE SERVICES.
