This Web Hosting Agreement is between Da-Manager and the person/persons who use our website hosting and domain service. The terms “we,” “us,” or “our” shall refer to Da-Manager. The words “you,” “your,” “user,” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Please read carefully to ensure you understand our terms and conditions before purchasing any of our products or services.
TERMS OF SERVICE
Da-Manager agrees to provide the services stated for the price agreed upon in the Agreement. Unlike many other web hosting companies, we do not mislead customers with hidden costs.
Customers are responsible for monitoring their monthly storage space and bandwidth transfer. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce storage. If customers continue to go over, we will do everything possible to fix the problem. We do hold the right to ban accounts for ongoing issues. If customers sign up for an account and cancel it within the first month, they will still be charged for the whole first month.
Renewal notices are emailed three days before the actual renewal date in your account. If you’re using a credit card, you will not have to worry about manual payments. All charges are set up on a pre-pay basis. If payment is not received within seven days, a $5 fee will be added. Da-Manager reserves the right to change prices at any time unless both parties agree on other terms. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from when it was established to when you notified Da-Manager to request for termination of services. Although we are based in the UK, our website’s currency is USD. Your billing cycle corresponds to the contract length initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand. There is no fee for revoked charges that have been paid yearly. If you cancel an account on the monthly billing cycle, Da-Manager can not refund any previous payments.
All annual payments are non-refundable once the 30-day money-back guarantee has passed. After that, your yearly plan will only end if your account complies with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account follows our terms of service/good usage policy.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on the customers’ Agreement to pay the fee for the initial or renewal term.
Any attempt to undermine or cause harm to a server or Customer of Da-Manager is strictly prohibited.
Da-Manager will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorised use of accounts or computers by you, whether or not the attacked account or computer belongs to Da-Manager, will result in action against you. Possible activities include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Important note: Da-Manager has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. Da-Manager will refund no fees if the account termination is due to a violation of the below-mentioned terms.
You may not run IRC, bots, or clients on shared servers. Unacceptable uses include but are NOT limited to bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from). Also, cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All), or anything else determined by Da-Manager to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS: All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate your web-based applications and scripts regularly to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or has links to the following scope: Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any cracker utilities.
Disk Space Abuse
Da-Manager will be the sole judge of what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space, contact one of our staff, and they will be happy to help out. You can also upgrade your hosting plan from inside your Da-Manager client account.
Da-Manager intends to provide a large bandwidth to transfer web documents, not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Please do so to avoid being billed for the overages.
Traffic will go unmonitored until you reach the quota allocated to your specific PLAN. Da-Manager will be the sole judge of what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy, which is now incorporated with this Agreement. Customers agree that Da-Manager holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to AUP are effective on the earlier Da-Manager notice to the Customer that an amendment has been made or the first day of any Renewal Term that begins after the modification. The Customer agrees to cooperate with Da-Manager’s reasonable investigation of any suspected violation of the AUP. In a dispute between Da-Manager and Customer regarding the interpretation of the AUP, Da-Manager’s commercially reasonable interpretation of the AUP shall govern.
The Customer represents and warrants to Da-Manager the information they have provided. He will provide to Da-Manager to establish and maintain the service is accurate. If Customer is an individual, Customer represents and warrants to Da-Manager that they are at least 18 years of age. Da-Manager may rely on the instructions of the person listed as the Primary Customer Contact on the Order concerning the Customer’s account until the Customer has provided a written notice changing the Primary Customer Contract.
Unsolicted Email & Spamming
Unsolicited commercial advertisements (‘SPAM’) are not allowed in email and will likely result in account cancellation. Da-Manager takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, Da-Manager may delete your account.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (Customers’ may only send such messages to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and refund. Sending numerous copies of the same or substantially similar message intending to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed. Sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such; you may not use your email to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving emails, you must not send that person any further messages.
Note: If you use the services of another provider to promote a website hosted by or through Da-Manager (‘spamvertising’), then the provisions of the above policy shall apply as if the Customers sent the SPAM through our servers.
99.99% Uptime Guarantee
(1.) Coverage: This 99.99% uptime guarantee applies to any Customer in good financial standing with Da-Manager at the time of a service outage.
(2.) Service Level Agreement (‘SLA’) & Specifications – Da-Manager endeavours to have the content of your website available for HTTP access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from Da-Manager to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Da-Manager’s online ticketing system. If the ticketing system is unreachable, Customers must start the ticket by calling the Da-Manager NOC.
Da-Manager’s administrators will determine the end of the downtime by a traceroute to your machine from outside the Da-Manager network.
(3a.) Shared Hosting Credits – Da-Manager will credit the following month’s service fee if your website is unavailable for less than 100%.
Your credit shall be retroactive and measured 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
– 95% to 99.9% – Da-Manager will credit your account 10% of your monthly hosting fee
– 90% to 94.9% – Da-Manager will credit your account 20% of your monthly hosting fee
– 89.9% or below – your account will be credited 50% of your monthly hosting fee (3b.)
Da-Manager shall not provide credit to you if you have any outage resulting from:
– scheduled maintenance as posted from time to time at Da-Manager,
– your behaviour or the performance or failure of your equipment, facilities, or applications,
– circumstances beyond Da-Manager’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of your web site,
– you break any agreement policy in Da-Manager’s ‘Terms & Conditions and AUP,’ causing a machine to fail.
In the event you require assistance or help from our support team, you can reach us on the following channels;
- Live Chat (Mondays – Sundays: 9:00 am – 10:00 pm) Minor Issues/Requests
- Ticket (Mondays – Sundays: 12:00 am – 11:59 pm) All Issues/Requests
- Email (Mondays – Sundays: 12:00 am – 11:59 pm) General Enquiries Only
- WhatsApp/Calls (Mondays – Fridays: 9:00 am – 8:00 pm) General Enquiries Only
Note: For quicker and faster response on minor issues, you can refer to our knowledge base to help yourself. We continue to create helpful content for premium self-service for you. You can raise a support ticket if you require additional assistance from our technical support team. We usually respond to tickets almost immediately.
Technical Support Bundaries
Da-Manager provides technical support for you that encompasses our area of expertise only. Such expertise includes assisting, troubleshooting, and debugging our cPanel control panel interface, servers within our immediate responsibility, and other hosting-related issues.
Unlike many hosting companies, we help with scripts, templates, and programming languages. However, under no circumstances is Da-Manager obligated to help you install new application modules, templates, or programming languages, nor to assist with any errors produced by any applications that have been modified by you previously.
Each shared web hosting account comes with its CGI-BIN. You are free to use any CGI scripts you wish; however, we reserve the right to disable any CGI script that affects regular shared server operation without prior notice.
The Customers agree to indemnify and hold harmless Da-Manager, Da-Manager’s affiliates, and each of their respective officers, directors, agents, and employees from and against any claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees), which a third party brings under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log-on information, regardless of whether such person has been authorised to use the services by Customer.
You AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Da-Manager AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Da-Manager’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Da-Manager’S SERVER.
Disclaimer of Warranties
Da-Manager does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Da-Manager disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided “As Is.”
Suspension of Services/Termination
Customer agrees that Da-Manager may suspend services to Customer without notice and liability if:
- Da-Manager reasonably believes that the services are being used in violation of the AUP.
- The Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP.
- Da-Manager reasonably believes service suspension is necessary to protect its network or other customers.
The above are requested by law enforcement or regulatory agency.
The Customer shall pay Da-Manager a reasonable reinstatement fee if service is Da-Manager following a suspension of service under this subsection.
The Customer may terminate the Agreement before the expiration of the Initial Term or any Renewal Term without further notice and liability if Da-Manager fails in a material way to provide the service following the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the loss in reasonable detail. In addition, the Agreement may be terminated by Da-Manager before the expiration of the Initial Term or any Renewal Term without further notice and liability as follows:
- Upon five (5) days’ notice if Customer is overdue on the payment of any amount due under the Agreement.
- Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Da-Manager describing the breach in reasonable detail.
- Upon one (1) day’s notice if Customer’s Service is used in violation of a material term of the AUP more than once.
- Upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement.
Either party may terminate this Agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
We can cancel any services if you break our terms of service/acceptable usage policy. We will only cancel any services if we try our best to resolve the problem with you. However, in extreme cases, such as an account containing child pornography, we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. That is to prevent people from signing up for our services to breach our
Request For Customer Information
The Customer agrees that Da-Manager may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Da-Manager believes violates applicable law and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
The Customer agrees to maintain a current copy of all content hosted by Da-Manager, notwithstanding any agreement by Da-Manager to provide backup services.
Request For Restore Of Hosting Package
During any service term, customers may request up to one free restore for any reason of choice. A $5 one-time fee will be enforced if a customer needs to request a restore after this.
Changes To Da Manager’s Network
Upgrades and other changes in Da-Manager’s network, including, but not limited to, changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content or applications. Da-Manager reserves the right to change its network at its commercially reasonable discretion, and Da-Manager shall not be liable for any resulting harm to Customer.
Notices to Da-Manager under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customers shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first day following the delivery. The Customer may change their notice address by a notice given following this Section.
Da-Manager shall not be in default of any obligation under the Agreement if the failure to perform the duty is due to any event beyond Da-Manager’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall not govern the Agreement.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on the Customer’s purchase order or other business forms are not binding on Da-Manager unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights concerning that provision or any other provision of the Agreement. A party’s waiver of any of its rights under the Agreement is not a waiver of any of its other rights concerning a prior, contemporary, or future occurrence, whether similar or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties.
The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions of their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third-party beneficiaries of the Agreement. The Customer may not transfer the Agreement without Da-Manager’s prior written consent. Da-Manager’s approval for assignment is contingent on the assignee meeting Da-Manager’s credit approval criteria. Da-Manager may assign the Agreement in whole or in part. This Agreement and the Order and AUP constitute the complete and exclusive Agreement between the parties regarding its subject matter. It supersedes and replaces any prior understanding or communication, written or oral.
All files stored on Da-Manager’s servers must be legally-owned and be accompanied by a valid licence or copyright. That includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO. If we discover unlicensed or illegal files within your account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Da-Manager reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by Da-Manager if we institute our right of cancellation. In addition, any violation of policies results in extra costs billed to you.
PROMOTIONAL RATES & SPECIAL OFFERS
Da-Manager may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional prices and special offers may be separate.
We have various special promotions that include a domain name. However, the cost of this domain name is usually covered by the first month’s payment. As a result, our promotions are not refundable or covered by our 30-day money-back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Da-Manager’s services may be subject to protection under the United States or other copyright laws or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, you must not use Da-Manager or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights concerning any material you access or receive through the Da-Manager network. For example, use a domain name connecting with Da-Manager or a similar service. You must not use that domain name in violation of any third party’s trademark, service mark, or equal rights.
You will be solely responsible for the development, operation, and maintenance of your online store and products along with all content and materials appearing online or on your products, including, without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
(b.) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c.) ensure that the content and materials in the store or related to your products are not libellous or illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling customer orders and handling customer inquiries or complaints.
You are also responsible for securing any customer credit card numbers and related customer information you may access from conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your personal information.
Customers may not use the Da-Manager network to circumvent user authentication or security of any host, network, or account. That includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. In addition, you may not attempt to interfere with or deny service to any user, host, or network. That includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Da-Manager will cooperate fully with investigations for systems or network security violations at other sites, including cooperating with law enforcement authorities to analyze suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Da-Manager a licence to cache the entirety of your website, including content supplied by third parties, hosted by Da-Manager under this Agreement and
(ii) agree that such caching is not an infringement of your intellectual property rights or any third party’s intellectual property rights.
DOMAIN NAME REGISTRATION
You agree to pay Da-Manager before the effectiveness of the desired domain name registration, the then-current amount outlined in the Da-Manager price schedule for the initial registration of the domain name, and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or part, even if your domain name registration is suspended, cancelled, or transferred before the end of your then-current registration term. Da-Manager reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Da-Manager will only register your requested domain name once and when we receive the actual payment of the registration fee. We have confirmed your registration in an email from Da-Manager to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Da-Manager) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Da-Manager as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Da-Manager will reinstate your domain name registration solely at Da-Manager’s discretion and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Da-Manager
you agree to pay Da-Manager before the effectiveness of the desired domain name transfer request, the then-current amount outlined in the Da-Manager price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Da-Manager reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Da-Manager will register your requested domain name once and when we receive the actual payment of the registration fee and have confirmed your registration in an email from Da-Manager to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Da-Manager) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Da-Manager as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Da-Manager will reinstate your domain name registration solely at Da-Manager’s discretion and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Da-Manager
Da-Manager reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status, and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will expire in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
you agree and acknowledge that the failure or success of a domain name transfer will be their sole responsibility. Da-Manager will not be held liable for the loss of a domain name transfer.
Domain registrations are non-refundable. Please only purchase the domain name once you are confident that it is what you want.
Da-Manager follows the strict guidelines of our customer privacy statement. Therefore, please make sure you understand this statement fully.
Da-Manager reserves the right to refuse service to anyone. You may only use the Da-Manager server for lawful purposes, and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution, or storage of any material violating applicable law or regulation is prohibited. That includes but not limiting material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorisation and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez,’ OGG, AVI, MPEG, ISO, ‘Hacker programs or archives, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials described above is left entirely to the discretion of Da-Manager management.
The account will be suspended or terminated if illegal content or usage is found. Furthermore, you agree that Da-Manager may disclose all your information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this Agreement, you agree that this contract is entered in Fremont, California, for purposes of venue, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Da-Manager’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
ACCESS TO DAMANAGER SERVER SERVICES
DaManager may change the DaManager Services at any time, and may add, modify or discontinue references, ranges, options or features, as well as upgrade performance of DaManager Services. Notwithstanding the foregoing, modifications to Third Party Products and urgent changes to the DaManager Services in response to security risks, or legal or regulatory compliance updates may result in immediate modifications to the DaManager Services. In the case of an update that substantially degrades existing DaManager Services in use by Customer (removal of functionality, performance downgrade, etc.), Customer may terminate the relevant DaManager Services by notifying the DaManager Customer Support Team, within thirty (30) calendar days from the date the relevant update is implemented.
ACCESS TO DaManager Services. Customer may access and use the DaManager Services for which it has registered (via an DaManager Order Form or through Customer’s Account) solely for its own benefit and only in accordance with this Agreement. As a condition to using the DaManager Services, Customer must set up an authorized Account with Login Credentials. Customer will provide accurate and complete information in its Account and will update its information as necessary to keep it current. For purposes of fraud prevention, DaManager may require Customer to provide documentation verifying their identity and payment information. Failure to provide accurate information in response to such a request will result in the cancellation of Customer’s order(s) and immediate termination of Customer’s Account. Customer may manage its Account through the DaManager portal available here.
Subject to the terms and conditions of this Agreement, DaManager will provide support to Customer for the DaManager Services in accordance with the then applicable Support Policy. Customer acknowledges that DaManager is not responsible for technical issues that cannot be identified as being primarily caused by the DaManager Services
DaManager reserves the right to terminate, without notice to You, Your Account and any and all DaManager Services where, in DaManager’s sole discretion, You harass or threaten DaManager or any of DaManager’s employees.
PURCHASES AND PRICING
Customer may purchase the right to access and use the DaManager Services by (i) registering for the applicable DaManager Services through Customer’s Account, or (ii) executing an DaManager Order Form. DaManager offers different types of rates depending on the type of DaManager Service (monthly flat-rate, yearly flat-rate, metered-usage, etc.). These rates may be linked to a commitment to a particular period of use and/or a specific method of invoicing. Purchase of the DaManager Services includes access to any applicable Support during the Service Term. The provisioning time for DaManager Services may vary depending on the DaManager Services ordered. Some DaManager Services are made available only upon receipt by DaManager of payment from Customer in advance for the relevant DaManager Services. It is the responsibility of Customer to ensure the delivery terms for the ordered DaManager Services meets Customer’s need.
IP ADDRESS OWNERSHIP
Da-Manager shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Da-Manager. Da-Manager reserves, in its sole discretion, the right to change or remove all such IP numbers and addresses.
THIRD PARTY PRODUCTS
Customer is responsible for any Third Party Products that a third party licenses, sells or makes available to Customer that Customer installs or uses with the DaManager Services. Customer’s use of such Third Party Products is governed by separate terms between Customer and that third party.
This Agreement will be effective upon Customer’s execution of an DaManager Order Form or when Customer otherwise clicks a box agreeing to this Agreement (during Account creation or otherwise) and, unless earlier terminated as set forth in this Agreement, continue in effect for the initial service term identified on the DaManager Order Form
GENERALLY. DaManager may suspend Your use of the DaManager Services if DaManager reasonably determines: (i) Customer, or Customer’s use of the DaManager Services, is in breach of this Agreement; (ii) Customer fails to address DaManager’s request to take action as specified in Section 7(b); (iii) Customer’s use of the DaManager Services poses a security risk to the DaManager Services or other users of the DaManager Services; (iv) suspension is warranted pursuant to DaManager’s receipt of a subpoena, court order, or a request by a law enforcement agency; or (v) as otherwise expressly set forth in this Agreement. DaManager may give You notice before DaManager suspends You, subject to Applicable Law. However, DaManager reserves the right to suspend You, without prior notice if, in DaManager’s sole discretion, you have violated this Agreement or DaManager reasonably determines that providing You with notice presents risk of harm to the DaManager Services or any person or property. DaManager is entitled to obtain injunctive relief if Customer’s use of the DaManager Services is in violation of any restrictions set forth in this Agreement.
EFFECT OF SUSPENSION
You will remain responsible for all Fees incurred before or during any suspension. You will not be entitled to any service credits under any applicable Service Level Agreement that You might have otherwise accrued during the period of suspension.
WARRANTIES AND DISCLAIMERS
THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE VPS SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, DAMANAGER EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE VPS SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE VPS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THUS REFUND WILL NOT BE POSSIBLE IN CASE/SITUATION WHEREBY DAMANAGER HAS PROVIDED FULL DELIVERY OF PRODUCT/SERVICES TO CUSTOMER.