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TERMS
AND CONDITIONS
By
ordering a service from Domain Devils, you agree to abide by these
Terms and Conditions ("Agreement").
1)
All fees, including but not limited to set-up, hosting, domain names
and programming, are non-refundable. Payment of such fees indicates
your compliance with this Agreement.
2) All fees are due in advance of the services provided.
For hosting. the minimum contract period is 12 months from your
first payment ("Commencement Date").
3) In the case of shared hosting solutions, this Agreement
will renew automatically for successive 12 month terms under the
same terms as provided for in this Agreement unless and until either
party shall give to the other Party written notice of its intent
to cancel at least 30 days in advance of the contract end date.
In the case of dedicated server solutions, this Agreement will renew
automatically for successive 6 month terms under the same terms
as provided for in this Agreement unless and until either party
shall give to the other Party written notice of its intent to cancel
at least 30 days in advance of the contract end date.
Failure
to pay in advance may result in termination or suspension of services
without notice. .
4) The use of any data or material, which Customer receives
from the service provided by Domain Devils, is at Customer's sole
and absolute risk. Domain Devils specifically disclaims and denies
any responsibility for the completeness, or accuracy of quality
of any and all information obtained through the services to be provided
hereby.
5) Domain Devils will utilize its best efforts to maintain
acceptable performance of services, but Domain Devils makes absolutely
no warranties whatsoever, express or implied, including warranty
of merchantability or fitness for a particular purpose. Domain Devils
cannot guarantee continuous service, service at any particular time,
or integrity of data stored or transmitted via its system or via
the Internet. Domain Devils will not be liable for the inadvertent
disclosure of, or corruption or erasure of, date transmitted or
received or stored on its system. Domain Devils shall not be liable
to Customer or any of its customers for any claims or damages which
may be suffered by Customer or its customers, including, but not
limited to, losses or damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability
to transmit or receive information, caused by, or resulting from,
delays, nondeliveries, or service interruptions whether or not caused
by the fault or negligence of Domain Devils.
6) Customer agrees that it shall defend, indemnify, save
and hold harmless from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's fees, ('Liabilities')
against Domain Devils, its agents, its customers, servants, officers,
employees, that may arise or result from any services provided,
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 Domain Devils against Liabilities arising out
of any injury to person or property caused by any products sold
or distributed in connection with Domain Devils's server; and material
supplied by Customer infringing or allegedly infringing on the proprietary
rights of a third party; copyright infringement and any defective
product which Customer sold on Domain Devils's Server. As a result
of this, Customer agrees that Domain Devils shall not be liable
to Customer for any claims of actual, compensatory and/or consequential
damages which may be suffered by Customer, including, but not limited
to, losses or damages due to the loss data resulting from delays,
non deliveries, or service interruptions caused by the fault or
negligence of Domain Devils. Notwithstanding the above mentioned,
Customer's exclusive remedies, damages, losses and causes of actions
shall not exceed the aggregate pounds sterling amount which Customer
paid during the term of this Agreement.
7) The Customer may only use Domain Devils's services for
lawful purposes. In the event that at any given time, Domain Devils
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement,
Domain Devils has the right to immediately discontinue such service
to Customer without liability other than to refund any unearned
prepaid service fees. The following are restrictive uses and shall
be cause for the immediate termination of web services and this
Agreement without notice to the Customer:
a. Unauthorized
distribution or copying copyrighted software, violation of export
restrictions, embarrassment, fraud, trafficking in obscene material,
drug dealing, and other illegal activities; Offering for sale
or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming'
is a violation of US State and Federal Law and is otherwise a
violation of this agreement. Such prohibited conduct subjects
Customer to immediate cessation of service as provided herein
and the termination of this agreement without notice. Domain Devils
reserves the right to report such illegal activities to any and
all regulatory, administrative and/or governmental authorities
for appropriate prosecution. In addition, Domain Devils will charge
One Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to numerous
email addresses or newsgroups and/or generating a significantly
higher volume of outgoing email than a normal user), trolling
(posting outrageous messages to generate numerous responses),
mailbombing (sending multiple messages without significant new
content to the same user), subscribing someone else to a mailing
list without that person's permission, cross-posting articles
to an excessive number of newsgroups, or attempting without authorization
to enter into a secured computer system. Domain Devils reserves
the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous,
scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating
trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal
Adult oriented Websites featuring nudity and acts of a sexual
nature are expressly prohibited. Domain Devils reserves the right
to immediately terminate and remove any such unauthorized Websites
without notice and discontinue service to Customer without notice
or liability for actual, compensatory or consequential damages
to Customer for the interruption in service.
Disclaimer
Domain Devils will not be responsible for any damages your business
may suffer. Domain Devils makes no warranties of any kind, expressed
or implied for services we provide. Domain Devils disclaims any
warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Domain Devils and its employees. The services provided by Domain
Devils are provided AS-IS and without any warranty expressed or
implied. Domain Devils reserves the right to revise its policies
at any time.
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