| 1) Account Setup We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. 2.) Content All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. Examples of unacceptable material: IRC Bots Warez Sites Pirated Software Hate sites Hack programs and archives 3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of d30web.com. All rights reserved. 4.) Payment Information You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify d30web.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. We reserve the right to change the monthly payment amount and any other charges at anytime. 5.) Backups and Data Loss Your use of the service is at your sole risk. We are 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 our servers. 6.) Cancellation and Refunds We reserve the right to cancel the account at any time. Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. 7.) Resource Usage Users may not initiate the following: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc 8.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. 9.) Money back Guarantee On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. 10.) Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time. 11.) Indemnification Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from d30web.com's server. 12.) Disclaimer We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees. Policies regarding domains 13) d30web will provide the Domain Services to the Client upon the terms and conditions set out in these Conditions. - The Client undertakes and warrants to d30web that the registration of any domain name requested by it (a "Requested Domain"):
- and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and is not being made in bad faith or could be considered to be an abusive registration under the enom dispute resolution policies, whichever is appropriate.
The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose. - The Client acknowledges that, whilst d30web will use its reasonable endeavours to register a Requested Domain, d30web will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.
- The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. d30web will use reasonable endeavours to notify the Client of any renewal dates however d30web accepts no liability for the loss of registration of any Requested Domain.
- D30web makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that d30web cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
- The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify d30web of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.
- The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
- If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to d30web , on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the "Transferee") the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until d30web receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.
You agrees and acknowledges that d30web will make registration information provided by the Client in relation to the Requested Domain available to enom or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that d30web may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by enom and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by enom. 14) Changes to the TOS We reserve the right to revise its policies at any time without notice.
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