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 AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES, 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.
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)
"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.
Acceptable Use Policy (AUP)
You agree not to misuse the "Database Mart LLC" services or help anyone else to do so. The following is a list of actions that will cause direct suspension/cancellation/termination of your service without the possibility of refund:
- hosting pornography and sex-related content of any kind is prohibited, publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
- send unsolicited communications, promotions or advertisements, or SPAM.
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
- DoS/DDoS attack others or being a target of any kind of DoS/DDoS attack(s).
- probe, scan, or test the vulnerability of any system or network.
- breach or otherwise circumvent any security or authentication measures.
- access, tamper with, or use non-public areas or parts of the services, or shared areas of the services you haven't been invited to.
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or mail-bombing any part of the Services.
- access, search, or create accounts for the services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk).
- promote or advertise products or services other than your own without appropriate authorization.
- the unauthorized sale or distribution of copyrighted media.
- hosting IRC or IRC bots or any IRC related chat program.
- hosting BitTorrent / P2P related program.
- hosting, distributing, or linking to crackz, hackz, KeyGenz, serialz, or pirated software.
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or violate the privacy or infringe the rights of others.
- By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. "Database Mart LLC" is not responsible for any lapse in the services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the "Database Mart LLC" Billing and Support System. Providing false contact information of any kind may result in the termination of your account.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- We do not permit sites and databases on the shared servers that use more than 10% of system resources (including CPU, memory, disk space, bandwidth and other resources), or sites which in our view are detrimental to the enjoyment of the services by the other clients. If at any time the client's website affects the performance of the other client sites on the server, we reserve the full right to offer clients 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 client's web site.
- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
Refusal of Service
- "Database Mart LLC" accepts orders from outside the United States, but may limit accounts from certain countries or from certain known email domains that have or have previously had a high fraud rate. Countries that are sanctioned by the United States Department of Treasury are automatically ineligible for services with "Database Mart LLC".
- To help protect "Database Mart LLC" and its clients from fraud, "Database Mart LLC" may ask you to provide a copy of a government issued identification that has a photo and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
- If any manner of communication with "Database Mart LLC"'s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
- Any customer that violates one of our Terms of Services, your service where the violation has occurred will be immediately cancelled along with all services that you have with "Database Mart LLC". Additionally, you will become ineligible for any other service(s) with "Database Mart LLC".
- We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
- We backup all our shared hosting, reseller hosting and Hyper-V/VPS servers regularly. This service will provide the peace of mind that if the server should fail for any reason we can quickly and completely restore your site or server.
- All the video files, audio files, zip files, temp files, backup files, cache files and logs files will be excluded from the backup. The whole shared or reseller account will be excluded from the backup if it is using over 10GB disk space.
- We recommend that clients keep an up to date backup of their own sites or servers as this service is intended for disaster recovery to restore an entire server rather than an individual site or server. Individual site or server can ONLY be restored, in the event of clients accidentally deleting their data, for a non-refundable $25.00 fee for each occurrence. The owner or reseller is ultimately responsible in the event the data cannot be copied as the last point as the original server. We will make all attempts to restore the data but it is not guaranteed.
- "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.
- Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers ("ARIN"). "Database Mart LLC" reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Support Services and Boundaries
"Database Mart LLC" provides 24/7/365 technical support to our clients. 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 live chat support for any of our free services.
- "Database Mart LLC" does not provide technical support for YOUR clients.
Resellers are responsible for the conduct of their clients and by agreeing with this ToS and agree that their clients will adhere to the ToS. Resellers should make their prospective clients aware of the ToS and the consequences of violation.
We are not "HIPAA compliant." Clients are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Clients acknowledge that the services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. "Database Mart LLC" does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Clients requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that "Database Mart LLC" is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
Prohibited Persons (Countries, Entities, And Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.
- You agree to pay for the services in advance of the time period during which such services are provided.
- All credit cards are billed automatically monthly, semi-annually, annually or biennially. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.
Sales and Use Tax
"Database Mart LLC" is required by Texas state law to charge an 8.25% sales and use tax from all of our Texas-based clients, including out of state and international companies who have subsidiaries located in Texas. All questions regarding this tax may be directed to the Texas State Comptroller of Public Accounts Office at http://comptroller.texas.gov/contact.php.
"Database Mart LLC" provides a 3-day grace period from the time the invoice is overdue and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% late fee. The 10% late fee is applied in addition to whatever else is owed to "Database Mart LLC" for services rendered.
Chargebacks, Reversals, and Retrievals
- If "Database Mart LLC" receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your services may be suspended without notice. A $40 chargeback fee (issued to recoup mandatory fees passed on to "Database Mart LLC" by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact "Database Mart LLC"'s billing team to address any billing issues.
- If you believe there is an error in "Database Mart LLC"'s billing, you must contact "Database Mart LLC" about it, in writing, within thirty (30) days of the date you are billed or charged. "Database Mart LLC"'s obligation to consider your claim is contingent on your providing it with sufficient facts for "Database Mart LLC" to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify "Database Mart LLC" in writing or meet the deadline set out above. If "Database Mart LLC" finds that your claim is valid, "Database Mart LLC" agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
- Any invoice that is outstanding for 7 days and not paid will result in account suspension. Any account suspended due to non-payment will require a reactivation fee of $25.00 to be paid prior to reactivating the account.
- "Database Mart LLC" will not activate new orders or activate new packages for clients who have an outstanding balance on their account.
All cancellations must be made 2 days before the new billing cycle to avoid new charges. You must notify us of a cancellation request a minimum of two (2) days prior to the new billing due date. It is required that you make a cancellation request in our billing system or submit a sales ticket or email to firstname.lastname@example.org. Please note on your request the date for the cancellation to be effective. Cancellations become effective when you receive the cancellation confirmation email from "Database Mart LLC". Please contact us with live chat or our ticket system if you do not receive the cancel confirmation within 2 business days. Please note if you make the cancellation after the required timeframe (which is 2 days prior to the new billing due date), you are not able to receive a refund.
- Refunds are only available in accordance with the 30-Day Money-Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
- Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account in our billing system and cannot be refunded via PayPal.
- Anyone who violates our Terms of Services is ineligible for any refunds or credits.
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 are not satisfied with our services for any reason during the first 30 days since your DBM billing account is registered, 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, reseller hosting services and Hyper-V/VPS servers. Dedicated servers, Microsoft licenses and software assurances, domain name registration(s) or SSL certificates or any other optional service(s) are not included under this guarantee.
- Anyone who violates Database Mart Terms of Service will automatically become ineligible for any money-back guarantee. Clients who have had prior service with Database Mart is also ineligible for the 30-day money-back guarantee, as this is only applicable for new customers who have not had prior service with Database Mart nor has preexisting services.
- It is the client's responsibility to notify our sales team via email at email@example.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and "Database Mart LLC" cannot be held responsible for failure to renew a domain or failure to notify a client about a domain's renewal. Subsequently, domains renewals are billed and renewed on the domain's renew date automatically. It is the client's responsibility to notify our sales team via email at firstname.lastname@example.org for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
Promotional offers are offered periodically and are not valid after they are expired. If a customer upgrades or downgrades a service or services before or after a promotional offer expires, one is ineligible to return to the same promotional offer and will revert to the current rate.
Domain Name Dispute Policy
"Database Mart LLC" is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered).
ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP") is a method for resolving domain disputes relating to abusive domain registrations (for example, cybersquatting or trademark infringement). Please refer to http://www.icann.org/en/help/dndr/udrp for more information.
Ownership Changes and Disputes
Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to "Database Mart LLC", the process requires and results in the creation of the following within the records of "Database Mart LLC", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
- If a person contacts "Database Mart LLC" and claims that he or she is entitled to access to an account, website, or domain registered with "Database Mart LLC" but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), "Database Mart LLC" will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, "Database Mart LLC" will not give access and control to a claimant unless "Database Mart LLC" is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring "Database Mart LLC" to give such access and control to said claimant or unless there is submitted to "Database Mart LLC" at email@example.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of "Database Mart LLC" shall not be deemed effective to give notice to "Database Mart LLC" of any changes in said access or control.
- Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against "Database Mart LLC" arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases "Database Mart LLC" from all liability and all claims for damages or any other liability whatsoever that may arise out of "Database Mart LLC"'s following said policy and procedure.
Transfer of Ownership
"Database Mart LLC" is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with "Database Mart LLC". By accessing "Database Mart LLC"'s system, registering, or using any of the services provided by "Database Mart LLC", the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with "Database Mart LLC" are subject to the terms and conditions of this section of these Terms.
- "Database Mart LLC" will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with "Database Mart LLC" only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( firstname.lastname@example.org) a written statement (in a form acceptable to Database Mart) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) "Database Mart LLC" is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring "Database Mart LLC" to transfer such ownership to said claimant.
- Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within "Database Mart LLC"; and, further, that any other changes made directly by Subscriber or by others within the online records of "Database Mart LLC" shall not be deemed effective to give notice to "Database Mart LLC" of any changes in said ownership.
Disputing Site or Account Ownership
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by "Database Mart LLC" or in an associated "Database Mart LLC" account. "Database Mart LLC" is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by "Database Mart LLC" or in an associated "Database Mart LLC" account, and, in "Database Mart LLC"'s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then "Database Mart LLC" will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves "Database Mart LLC" of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what "Database Mart LLC", in its sole judgment, deems to be a reasonable time, then "Database Mart LLC", at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Texas, file an interpleader action in a court of competent jurisdiction within the State of Texas for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse "Database Mart LLC" for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to "Database Mart LLC" under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
Notification of Transfer of Hosting Account Ownership
The form found here may be used to notify "Database Mart LLC" of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the billing system and account control panel must be changed by the Transferor or the Transferee. "Database Mart LLC" will not be liable for any inability to access the account due to a failure to release access information. Filing this form with "Database Mart LLC" does not guarantee any changes. "Database Mart LLC" reserves the right to accept or reject the request for any reason in its sole and absolute discretion.
Limitation of Liability
- "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 email@example.com.
- All complaints will be investigated promptly. Failure to follow any term or condition will be a 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!