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Terms & Policy
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary of the renewal date subscribed services. The above applies to all accounts and services provided by Datona Communications.
Any services charged to clients credit card that is declined for any reason may be subject to suspension. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Datona Communications may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Bandwidth 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 (the "Agreed Usage"). Datona Communications will monitor Customer's bandwidth and disk usage. Datona Communications 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 Datona Communications sole and absolute discretion. If Datona Communications 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. In the event that a customer exceeds the included allocation,
Datona Communications may, at its sole discretion, collect a deposit, in an amount determined by Datona Communications, against customer's credit card.
Client Content
Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of Datona Communications or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Datona Communications or any third party. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Datona Communications will be the sole and final arbiter as to what constitutes a violation of this policy.
Refund and Disputes
All payments are nonrefundable. This includes any setup fee's and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 10 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Datona Communications sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Datona Communications an "Administrative Fee" of not less than $50 and not more than $150.
Termination
Either party may terminate this Agreement without cause upon notice to the other party. All requests for cancelling accounts must be made through the Members Area using the CANCEL DOMAIN feature. Nothing in this paragraph however shall limit Datona Communications right to terminate Customer immediately and without prior notice for improper use and/or violations as set forth herein.
In the event that Datona Communications elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that Datona Communications elects to terminate Customer without cause, CustomerData Loss. shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
Liability
Customer agrees that Datona Communications shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that Datona Communications shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold Datona Communications liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
Datona Communications is not liable for customer site content backups on their shared hosting platforms. Datona Communications has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL Datona Communications LIABILITY EXCEED THE TOTAL VALUE PAID TO Datona Communications BY CUSTOMER.
Representation and/or Warranties
Datona Communications makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Datona Communications liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. Client Content, Backups and Data Loss.
Datona Communications assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Datona Communications Servers, or of any database maintained on any server operated by Datona Communications.
AT NO TIME SHALL Datona Communications ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various networking communications are not secure.
Support Boundaries
Datona Communications provides 24 x 7 technical support to our subscribers through our Touble Ticket area located inside the MEMBERS AREA. Datona Communications limits our technical support to our area of expertise. The following is our guidelines when providing support: Datona Communications provides support related to your server or virtual site physical functioning. Datona Communications does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Datona Communications does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our FAQ page at http://www.datona.com/faq.php - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before starting a trouble ticket.
Applicable Laws
Customer will ensure that its use of the Internet and any service provided by Datona Communications to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Datona Communications shall have the right to consider same a breach of this Agreement by customer which shall entitle Datona Communications to terminate Customer immediately without prior notice.
It shall be within the sole discretion of Datona Communications to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Datona Communications shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL Datona Communications LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Datona Communications AND CUSTOMER.
Datona Communications will use its best efforts to maintain the integrity and security of Customer's password.
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Datona Communications be responsible for this cost.
Mail Services
Datona Communications mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by Datona Communications for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on Datona Communications servers is deleted after 60 days. Datona Communications does not backup the mail accounts of its customers and customers store their e-mail on Datona Communications servers at their own risk.
Bandwidth Usage
Datona Communications reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by Datona Communications will be given the option to pay for excess usage at a rate specified with hosting package purchased, or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.
Hosting Account Ownership
The billing contact, as registered with Datona Communications is considered to be the account owner. Datona Communications will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold Datona Communications harmless in any legal action which arises as a result of Customer's use of Datona Communications services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the province of British Columbia. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE PROVINCE OF BRITISH COLUMBIA.
Headings
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
Modification
The terms and conditions of this Agreement may be modified at the discretion of Datona Communications with 30 days notice to Customer.
Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify Datona Communications via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Renewal
Customer's failure to properly notify Datona Communications of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Datona Communications current Terms and Conditions may be viewed at www.Datona Communications.com.
Spam Policy
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*
DATONA COMMUNICATIONS STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY DATONA COMMUNICATIONS, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO DATONA COMMUNICATIONS WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. DATONA COMMUNICATIONS DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON DATONA COMMUNICATIONS SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON DATONA COMMUNICATIONS SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY DATONA COMMUNICATIONS IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF DATONA COMMUNICATIONS SMTP SERVERS.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY DATONA COMMUNICATIONS OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.
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