Datanetix - Terms of Service
Last Updated: 8/1/2011
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Datanetix's service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days or account will be terminated.
1.5. Datanetix is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for Datanetix's services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. Datanetix will provide, and Customer will purchase and pay for, the Web hosting services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Datanetix.
3.1.1. Customer must pay in full for the Services before Datanetix begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $30.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Datanetix will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Datanetix a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
Datanetix may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Datanetix may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by sending an email or letter with the subject "Cancellation Request" to
Attention: Legal Notices
P. O. Box 664
Miamisburg, Ohio 45343-0664
Once a Customer has cancelled their account, no more charges will be billed to the account.
Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Datanetix does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO Datanetix ARE NONREFUNDABLE.
All payments to Datanetix are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Datanetix’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, Datanetix offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Datanetix, within thirty (30) days of the beginning of your service, Datanetix will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
* Setup fees,
* Fees for domain name registrations,
* Fees charged for exceeding your allotted disk storage space or bandwidth,
* SSL certificate fees,
* Web design fees,
* Web site marketing fees, and
* Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
o You are entitled to a maximum of one (1) 30-Day Guarantee.
o If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Datanetix.
o You may not transfer or assign the 30-Day Guarantee to any third party.
o You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
+ Creating multiple accounts, using the same customer name or different customer names;
+ Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
+ Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
+ Knowingly providing false or misleading information when you register for your account; or
+ Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
o If you violate any provision of any of the following policies of Datanetix, you will not be eligible for the 30-Day Guarantee:
+ Terms of Service (TOS);
+ Acceptable Use Policy (AUP); or
+ No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Datanetix and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Datanetix reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
9. Customer agrees to defend, indemnify, and hold harmless Datanetix, and the parents, subsidiaries, successors, assigns, employees and agents of Datanetix against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. Datanetix SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF Datanetix’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
11. Datanetix PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Datanetix DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND Datanetix SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Datanetix DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. Datanetix DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14.No Waiver of Rights by Datanetix.
Any failure by Datanetix to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Datanetix's rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
16.1. From Datanetix to Customer.
Datanetix will notify you by e-mail of any notices that Datanetix is required to provide to you under this Agreement, at the most current e-mail address you have provided to Datanetix.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Datanetix has your most current e-mail address, and Datanetix shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Datanetix sends to the most current e-mail address you have provided to Datanetix.
16.2. From Customer to Datanetix.
Unless otherwise specified in this Agreement, notices to Datanetix shall be sent to the following address:
Attention: Legal Notices
P. O. Box 664
Miamisburg, Ohio 45343-0664
17. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
19. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Datanetix, and supersedes any prior or previous agreements between you and Datanetix with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Datanetix notifies you from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Datanetix’s prior and express written consent to such assignment.
21.2. Datanetix may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Datanetix.
23. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Ohio, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Ohio, without regard to Ohio’ choice of law and conflicts of law rules, and Datanetix and Customer each submit to the exclusive jurisdiction of the courts of Montgomery County, Ohio, or to the United States District Court for the SouthWest District of Ohio, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
24. Force Majeure.
Datanetix shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Datanetix.
25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Datanetix’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.