Professional Web Hosting

Special Hosting Plan

 

Terms of Service

Datamonster's Terms Of Service

Datamonster provides web hosting to clients worldwide, and we have a responsibility to not only protect each and every client, but to also provide the best services available. As such, all clients of Datamonster are subject to the following terms of service:

Indemnification Policy

By using Datamonster you agree to use all of the services and facilities provided by Datamonster at your own risk. In no event shall Datamonster be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree that you shall defend, indemnify, save and hold Datamonster harmless from all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Datamonster, its agents, its customers, officers and employees which may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. You also agree to defend, indemnify and hold Datamonster harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Datamonster's server.

Datamonster reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any materials supplied infringing, or allegedly infringing on the proprietary rights of a third party and copyright patent shall have their Terms of Use and services found at this Site terminated immediately. Datamonster shall be the sole judge of what violates this Policy.

Billing:

We currently offer you the flexibility of a monthly, quarter-yearly, semi-annual and annual bill, depending on your choice of plan. If you are not satisfied within your first 30 days, we would be more than happy to provide you with a full refund (The money-back-guaranteed day will vary for some special offers; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, and Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you do not pay for a service renewal 5 days after deactivation, your account will be suspended. If you do not pay for a service renewal in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy:

All services provided by datamonster may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless datamonster and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all datamonster servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

As a subscriber you acknowledge that the service provided can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or have a right to distribute the materials. Accounts suspended due to content or AUP violations are not refunded under any circumstances.

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
  • LIMITATION OF LIABILITY:

    Datamonster shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Datamonster servers going off-line or being unavailable for any reason whatsoever. Furthermore, Datamonster 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 Datamonster servers. All damages shall be limited to the immediate termination of service.

    DISCLAIMER:

    Datamonster cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Datamonster are resold. Thus, certain equipment, routing, software, and programming used by Datamonster are not directly owned or written by Datamonster. Moreover, Datamonster holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Datamonster sees fit. Lastly, Datamonster retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.