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Cheap and reliable DotNetNuke hosting service provider - DNNMart |
sales: sales$dnnmart.com
support: support$dnnmart.com billing: billing$dnnmart.com |
This "Database Mart LLC" Terms of Service (this "Agreement") governs your purchase and use of all "Database Mart LLC" services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by "Database Mart LLC" ("Service Order"). You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. "Database Mart LLC" may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the "Database Mart LLC" web site (the "Site"). Your continued use of the Services following "Database Mart LLC" posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify "Database Mart LLC" of your termination of this Agreement in the manner described in the section below.
"Database Mart LLC" provides web hosting, domain name registration, SSL certificates and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
All services provided by "Database Mart LLC" may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless "Database Mart LLC" from any claims resulting from the use of the service which damages the subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to "Database Mart LLC" servers or any other server on the internet. Links to such materials are also prohibited.
We also do not allow sites with political content as 'hate sites', Nazi stuff, or sites that propagate political activity against specific races or countries - especially against the United States of America.
Examples of unacceptable content or links or usage:
"Database Mart LLC" will be the sole arbiter as to what constitutes a violation of these terms.
Pornography and sex-related content of any kind is prohibited on all "Database Mart LLC" servers. This includes sites that may infer sexual content, or links to adult content elsewhere. "Database Mart LLC" will be the sole arbiter in determining violations of this provision.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
We do not permit sites on the shared virtual servers that use more than 8% of system resources, or sites which in the our view are detrimental to the enjoyment of the services by the other clients. If at any time the Customer's website generates enough data transfer to affect the performance of the other customer sites on the server, we reserves the full right to offer Customer the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the Customer's web site.
"Database Mart LLC" takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of "Database Mart LLC" may not use or permit others to use our network to transact in UCE. Customers of "Database Mart LLC" may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://www.mail-abuse.com/an_listmgntgdlines.html) for details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of "Database Mart LLC" are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the "Database Mart LLC" network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of "Database Mart LLC" SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, "Database Mart LLC" will initiate an immediate investigation (within 48 hours of notification). During the investigation, "Database Mart LLC" may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, "Database Mart LLC" may, at its sole discretion, restrict, suspend or terminate customer's account. Further, "Database Mart LLC" reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. "Database Mart LLC" will notify law enforcement officials if the violation is believed to be a criminal offense.
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server, or customer, of "Database Mart LLC" is strictly prohibited.
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
We backup all our servers daily on the redundant hard drives installed on the same data center. We also mirror our backups to another data center weekly. This service will provide the peace of mind that if the hard drive should fail for any reason we can quickly and completely restore your site.
We recommend that customers keep an up to date backup of their own sites as this service is intended for disaster recovery to restore an entire server rather than an individual site. Individual sites can however be restored, in the event of customers accidentally deleting their web pages, for a small fee. The web site owner or reseller is ultimately responsible in the event the data can not be copied back to the original server. We will make all attempts to restore data but it is not guaranteed.
Users are prohibited from violating or attempting to violate the security of the "Database Mart LLC" Network. Violations of system or network security may result in civil or criminal liability. "Database Mart LLC" will investigate occurrences which may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
"Database Mart LLC" will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that Database Mart may assign to you. Database Mart may, in its sole discretion, change or remove any and all IP numbers and addresses.
"Database Mart LLC" provides 24/7/365 technical support to our dedicated server subscribers. We limit our technical
support to our area of expertise. The following are our guidelines when
providing support:
"Database Mart LLC" provides support related to your
server. "Database Mart LLC" does not provide support for application specific
issues, such as any programming, HTML, third party applications or any other
such issue.
"Database Mart LLC" does not provide technical support for
YOUR clients.
We encourage you to check our knowledge base at
http://www.databasemart.com/Support.php first.
Resellers are responsible for the conduct of their Customers and by agreeing with this ToS, Resellers agree that their Customers will adhere to the ToS. Resellers should make their perspective Customers aware of the ToS and the consequences of violation.
Your Warranties and Representations to "Database Mart LLC": You warrant, represent, and covenant to Database Mart that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
All credit cards are billed automatically monthly or annually. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 72 hours. If we do not receive a response within 72 hours the account will be deactivated and any accounts under that account plan.
You must notify us of a cancellation request a minimum of seven (7) days prior to the billing renewal date. To do so please email sales@databasemart.com. There are no pentalties for canceling your account. The account would then be terminated at the end of your billing cycle.
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.
If you do not like our service during the first 30 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The 30 day money back guarantee only applies to shared and reseller hosting services. Dedicated servers, domain name registration or SSL certificates or any other services we might provide are not included and not covered under this guarantee.
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $25.00 to be paid prior to reactivating the account.
"Database Mart LLC" shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from "Database Mart LLC" servers going off-line or being unavailable for any reason whatsoever. Furthermore, "Database Mart LLC" shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of "Database Mart LLC" servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless "Database Mart LLC" from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, "Database Mart LLC", or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to
abuse@databasemart.com
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
"Database Mart LLC" cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the dedicated servers, domains and SSL certificates. Thus, certain equipment, routing, software, and programming used by "Database Mart LLC" are not directly owned or written by "Database Mart LLC". We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, "Database Mart LLC" holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as "Database Mart LLC" sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
Database Mart LLC
7017 Weis Driver
Galveston, TX 77551
USA