Terms Of Service
DMTN Terms of Service
These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and/or related services (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to ‘DMTN’, as well as its subsidiaries and sister companies. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by DMTN (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
Term of Agreement; Modification
You agree that DMTN may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes DMTN may reasonably make to this Agreement when such changes are made. If You have purchased Services from DMTN, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
You agree to maintain accurate information by providing updates to DMTN, as needed, while You are using the Services. You agree You will notify DMTN within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by DMTN to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if DMTN has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, DMTN has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Storage and Security
At all times You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your account credentials.
If You have licensed software from DMTN, DMTN grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. DMTN reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of DMTN. The source code and its organization are the exclusive property of DMTN and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by DMTN. Any such software and Services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
DMTN provides some third-party software to You. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. DMTN does not take responsibility for any faults in such software functioning. You agree that Your use of any DMTN Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by DMTN.
Billing, Payments & Refund Policy
No refunds. All sales are final. All fees for the Services shall be in accordance with DMTN’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. DMTN may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due DMTN remains unpaid seven (1) day after such payment is due for monthly packages and three (1) day for all other packages. DMTN, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There may be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You. If you signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, DMTN will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at DMTN ‘s then current rates. If you improperly charge back for services rendered, we will immediately disable your account indefinitely if active at the time that we receive notice of a charge back being initiated. You agree, at the very least, to contact DMTN via e-mail at firstname.lastname@example.org to attempt to resolve your dispute before initiating a charge back through your credit card provider.
Termination & Cancellation Policy
The initial term of Your agreement with DMTN shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with DMTN shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by DMTN at any time, without prior notice, if, in DMTN‘s judgment, You are in violation of any terms or conditions herein; or (iii) in DMTN ‘s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon DMTN or could disrupt DMTN ‘s business operations; or (iv) by DMTN if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either DMTN. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that DMTN may take control of any account associated with the terminated Services. In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs DMTN incurs in closing your account. You agree to pay any and all costs incurred by DMTN in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, DMTN may delete all information related to you on the Services. No refunds will be issued regardless of reason, however, DMTN may issue refunds for extenuating circumstances, at DMTN’s sole discretion.
DMTN provides customer support to You at no additional fee for issues related to DMTN service only. DMTN has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable like all other services offered. You can request customer support only by opening Live Chat or Ticket through the client area ticketing system located in your client area. DMTN will have no liability to provide customer support if it is requested in any other way apart from the client area ticketing system. You are solely responsible to use the appropriate client are support ticket category when opening Live Chat or posting a Support Ticket. DMTN will have no liability to respond to tickets opened in inappropriate categories. DMTN shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide DMTN with all information and access to facilities that DMTN may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of your account credentials prior to requesting customer support. You should not abuse the client area ticketing system. Abuse of the system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the system may result in warning, ticketing system access restrictions, account suspension or possible account termination with no refund. DMTN has the sole right to decide what constitutes abuse of the support ticket system.
You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups or social media. You are responsible for security of Your password. DMTN will not change passwords to any account. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that DMTN will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will DMTN be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless DMTN from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to DMTN you should take all due precautions to provide any sensitive information over a secure communication channel.
While all purchases are processed in US dollars, DMTN may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, DMTN makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
Limitation of Liability; Waiver and Release
The Services offered by DMTN are being provided on an “AS IS” and DMTN expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, DMTN expressly does not warrant that the DMTN Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from DMTN shall create any warranty not expressly made herein. You agree that DMTN will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of DMTN; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password. In no event shall DMTN be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if DMTN is aware of or has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of DMTN or its Services offered. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of DMTN.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge DMTN and all affiliates of DMTN, and all officers, agents, employees, and representatives of DMTN, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the DMTN products and/or services by DMTN and its agents and employees. Further, You agree to defend, indemnify and hold harmless DMTNand any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by DMTN’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to DMTN, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed DMTN website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere.
Additional Reservation of Rights
DMTN expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel) for any reason (as determined by DMTN in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by DMTN in offering or delivering any Services; (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of DMTN, its officers, directors, employees and agents, as well as DMTN’s affiliates. In the event that DMTN need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.
You attest that you are of legal age (18 or over) to enter into this Agreement.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for DMTN’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over DMTN, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, DMTN may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.