DataMax Web Hosting & Support Agreement
Below you will find our account service contract. Unfortunately, in these days of lawyers and lawsuits, such contracts become necessary. The document is relatively straight forward legalese. Naturally, as providers of site design and hosting services, we cannot be responsible for your day-to-day actions and must maintain an arms-length relationship at all times. Rest assured that we have always maintained the highest standards of service for our customers and will always continue to do so in the future.
The Agreement: Our Terms and Conditions of Service
DataMax Marketing Systems, Inc. (hereinafter known as DMS), is a marketing services and web services provider. User accounts on our internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this Agreement, hosting of your website on DMS servers is the representation that you have read and understand this Agreement and that you agree to be bound by the terms and conditions below fully.
- INDEMNIFICATION: You agree to indemnify, defend, and hold harmless DMS from any and all liability, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action, or claims caused by or resulting indirectly from your use of our service which damages either you or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your web site and your account, including, but not limited to, domain name selection, your business activities, and your web site’s content.
- REFUSAL or DISCONTINUATION OF SERVICES: DMS reserves the right to refuse or discontinue service to anyone at its sole discretion. DMS reserves the right to refuse to post information or materials, in whole or part, that, in its sole discretion, it deems are unacceptable, undesirable, or in violation of this Agreement. DMS reserves the right to immediately discontinue service for any condition of non-payment for services rendered.
- CONDITIONS OF PAYMENT: You agree to supply appropriate payment for the services rendered by DMS in advance of the time period during which such services are provided. You additionally agree that all “set up fees” are non-refundable once set up is completed. You agree that until or unless you notify DMS of your desire to cancel any or all services received, those services shall be billed on a recurring basis. You agree to pay by credit card which will be billed and charged automatically, and that DMS may apply the amount due to the provided card at any time. You agree that there will be no pro-rated return of funds for unused time periods in the event of account / service termination.
- DOMAIN PURCHASES FINAL: You agree that all domains purchased through DataMax are final and once purchased, cannot be canceled.
- HOSTING LATE FEES: If you are paying hosting fees monthly, you agree to pay a website hosting “Late Fee: of $10.00 in any given month where your hosting fees is 5 days late or greater.
- CANCELLATION OF HOSTING: You agree that your hosting account will be automatically canceled if your hosting payment is 60 days or greater in the arrears. You further agree, that if you apply for reinstatement after cancellation, you will be subject to repayment of any or all “Setup Fees associated with your program”.
- NO WARRANTIES or REPRESENTATIONS: DMS makes no warrantees or representations of any kind for the services being offered. The services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to warranties of non-infringement, title, or implied warranties of merchantability or fitness for a specific purpose. No advice given by DMs, its agents or employees shall create a warranty. DMS offers no warranty that the service shall be uninterrupted or error free or that any information, software, or other material accessible as a result of the service is free from viruses or other harmful components.
You agree that under no circumstances shall DMS be liable for any direct, indirect, special, punitive, or consequential damages which result in any way from your use of or your inability to use the service, or for third parties’ use of the service to access your URL, or to access the internet or any part thereof, or your or any third parties’ reliance on or use of information, services, merchandise, provided on or through the service, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation or transmission, or any failure of performance. If you become dissatisfied with the service provided by DMS or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to notify DMS promptly and request discontinuation of service.
- SECURE COMMUNICATION MEDIUM NOTICE: You agree that DMS is not considered a “secure communications medium” for the purposes of the ECPA ( Electronic Communications Privacy Act ) and that no expectation of privacy is afforded.
- YOUR IDENTIFICATION INFORMATION: You agree that you, as the person legally responsible for the use of this web site are at least 18 years of age. You agree to supply DMS with a current and truthful name, postal address, and telephone number for our records. You additionally agree that you have a continued obligation to maintain this information as current. You agree that you are the authorized user of any credit card that you supply to us for payment upon your account and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
- DOMAIN & WEBSITE TRANSFERS: Domain (URL) transfers are allowed. You agree that transfer of DMS copyright website content including images is strictly prohibited.
- BACKUP / HANDLING OF DATA: You agree your use of our services is at your sole risk. You agree DMS is not responsible for data or email and its content received or not received from form fields located on your web site. You agree to take full responsibility for files and email received, to maintain all appropriate backup and to periodically test all form fields located on your website for proper function.
- PRIOR AGREEMENTS: This Agreement shall supersede any written, electronic, or oral communication you may have had with DMS or any agent or representative thereof and constitutes the complete and total Agreement between the parties.
- SEVERABILITY: If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provisions shall be reformed only to the extent necessary to make it enforceable.
- ATTORNEY’S FEES: You agree to pay any attorney’s fees associated with legal matters resulting from your violation of this Agreement.
- JURISDICTION: YOU AGREE….This Agreement shall be governed by the laws of the State of Florida. Venue for any breach of this Agreement or cause of action shall be the County of Lee.
YOUR ACKNOWLEDGEMENT: By placing and continuing to maintain or place information on DMS servers, you are representing and acknowledging that you have read the aforementioned Terms and Conditions of Service and that you understand such terms and conditions and agree to be bound by them.