Database Mart LLC Terms of Service (TOS)

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.

fiber_manual_record 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.
fiber_manual_record send unsolicited communications, promotions or advertisements, or SPAM.
fiber_manual_record send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
fiber_manual_record DoS/DDoS attack others or being a target of any kind of DoS/DDoS attack(s).
fiber_manual_record probe, scan, or test the vulnerability of any system or network.
fiber_manual_record breach or otherwise circumvent any security or authentication measures.
fiber_manual_record 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.
fiber_manual_record 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.
fiber_manual_record 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).
fiber_manual_record promote or advertise products or services other than your own without appropriate authorization.
fiber_manual_record the unauthorized sale or distribution of copyrighted media.
fiber_manual_record hosting IRC or IRC bots or any IRC related chat program.
fiber_manual_record hosting BitTorrent / P2P related program.
fiber_manual_record hosting, distributing, or linking to crackz, hackz, KeyGenz, serialz, or pirated software.
fiber_manual_record 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.
fiber_manual_record 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.

fiber_manual_record 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.
fiber_manual_record 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" Control Panel. Providing false contact information of any kind may result in the termination of your account.
fiber_manual_record 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.

fiber_manual_recordDatabase Mart monitors and manages bandwidth utilization to ensure optimal performance for all users. Excessive or sustained high bandwidth usage by a client that adversely affects our network's integrity or performance may require us to take appropriate actions, including bandwidth throttling or other measures.
fiber_manual_record We reserve the right to monitor and regulate bandwidth usage to maintain network stability and fair access for all clients. If a client's bandwidth utilization is deemed excessive, we may implement measures to mitigate its impact on other users.
fiber_manual_record Efforts will be made to notify clients before implementing bandwidth management measures, except in urgent situations where immediate action is necessary to protect network integrity.
fiber_manual_recordBy using our services, clients agree to comply with this bandwidth utilization policy as part of our Terms of Service.

fiber_manual_record "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".
fiber_manual_record 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.
fiber_manual_record 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.
fiber_manual_record 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".
fiber_manual_record We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

fiber_manual_record 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.
fiber_manual_record 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.
fiber_manual_record 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.

fiber_manual_record "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.
fiber_manual_record 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.

fiber_manual_record "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.
fiber_manual_record "Database Mart LLC" does not provide live chat support for any of our free services.
fiber_manual_record "Database Mart LLC" does not provide technical support for YOUR clients.

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.

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 National" ("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.

fiber_manual_record You agree to pay for the services in advance of the time period during which such services are provided.
fiber_manual_record 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.

fiber_manual_record 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.
fiber_manual_record 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.

fiber_manual_record 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.
fiber_manual_record "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 [email protected]. 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.

fiber_manual_record 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.
fiber_manual_record Anyone who violates our Terms of Services is ineligible for any refunds or credits.
fiber_manual_record Refunds are only available in accordance with the 30 Days 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.

All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.

fiber_manual_record 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. 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.
fiber_manual_record 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 protected] 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 [email protected] 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.

"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.

fiber_manual_record VPS Product Line: A $10 one-time commission for each paid order.
fiber_manual_record Dedicated Server Product Line: A $30 one-time commission for each paid order.
fiber_manual_record Orders must remain active for a minimum of 40 days to qualify for commission conversion.

fiber_manual_record If a referred client requests a refund or cancels a server within the initial 40 days, the affiliate commission may be unconverted or revoked.
fiber_manual_record No commission conversions if a referred client is verified to be engaged in fraudulent activity. If commissions have been withdrawn from a fraudulent order, deductions will be made from other referred orders.
fiber_manual_record Commissions are not applicable for non-direct hosting products, such as SSL or Domain.
fiber_manual_record Identification of a false referrer-referee relationship, such as registering multiple accounts and ordering services from each account's affiliate links, may lead to the non-withdrawal of unadmitted commissions.
fiber_manual_record If referred clients fail to complete the purchase within the first 24 hours after clicking the affiliate link, the affiliate commission may not convert.
fiber_manual_record Commissions are valid only for purchases made via the affiliate's link. Purchases not made through the affiliate's link will not be eligible for commissions.
fiber_manual_record It is forbidden to place orders under your own name!

fiber_manual_record To initiate a withdrawal, the affiliate's available commission balance must reach a minimum of $50.
fiber_manual_record Withdrawal requests will be processed within 7 working days.

Database Mart reserves the right to interpret and enforce affiliate marketing policies. Affiliates are expected to adhere strictly to ethical standards, prohibiting fraud, abuse, and any form of exploitation.

fiber_manual_record If a person contacts "Database Mart LLC" and claims that he or she is entitled to access to an account, website 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 protected] 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 and website 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.
fiber_manual_record 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.

fiber_manual_record "Database Mart LLC" will recognize a change of ownership of account(s) with, of websites hosted by "Database Mart LLC" only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( [email protected]) a written statement (in a form acceptable to Cloud Clusters) containing the notarized signature of the original owner of the account, website, as applicable, confirming that ownership of the website, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website 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.
fiber_manual_recordSubscriber 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.

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.

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.

"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 protected].

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.