That Darn Computer Network (or “we”, “us”, “company” below), agrees to furnish services to the “Subscriber” (or the “customer”, “you” below), subject to the following TOS (Terms of Service).
Use of That Darn Computer Network Services constitutes acceptance and agreement to both That Darn Computer Network’s TOS (Terms of Service) and That Darn Computer Network’s AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by That Darn Computer Network shall not be grounds for early contract termination or non-payment by the Subscriber.
The initial service term of the Agreement shall begin on the date that That Darn Computer Network generates an e-mail message or written letter to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the duration stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for an unlimited successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless That Darn Computer Network or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term .”
A. All services must be paid for in advance of service delivery. Subscribers will be charged automatically for the same service fee on the due date for service renewal.
B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.
C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must respond to emails generated by the Sales Department requesting payment within 72 hours.
D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response.
E. Customers paying by check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by check. Returned checks will result in termination of service and will incur up to a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect terminated service.
F. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 5% per month will be charged on any overdue invoices.
G. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. That Darn Computer Network does not issue refunds or credits except as explicitly specified within the Terms of Service.
3) Adherence to Acceptable Use Policy (AUP):
A. ubscriber agrees not to allow That Darn Computer Network equipment and services to be used for activities specifically prohibited by the That Darn Computer Network Acceptable Use Policy (AUP) posted at AUP . It is the Subscriber’s responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber’s responsibility to regularly check for updates.
Subscribers must not allow That Darn Computer Network resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
B. Subscriber agrees to compensate That Darn Computer Network for any expenses That Darn Computer Network may incur resulting from Subscriber’s violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution.
C. Subscriber is responsible for any activity conducted on his/her account/server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. That Darn Computer Network will endeavor to assist Subscriber but That Darn Computer Network is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber’s account/server.
D. That Darn Computer Network does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
E. Resellers are responsible for enforcing the AUP and TOS to all of their clients. An sub-account will be suspended without prior notice to the reseller if it is found to have violated any of our terms. The reseller will also be responsible for all activities conducted by the client/sub-account. This includes but not limited to compensating any expenses That Darn Computer Network may incur resulting from the violation.
F. That Darn Computer Network does not issue refunds for terminating service due to any TOS or AUP violation.
4) Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by That Darn Computer Network are leased to the Subscriber and remain the property of That Darn Computer Network. That Darn Computer Network reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. That Darn Computer Network will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
5) Service Levels:
A. That Darn Computer Network may interrupt service to perform maintenance. That Darn Computer will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, That Darn Computer Network will provide its best efforts to repair the system as quickly as possible.
B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to That Darn Computer Network. In the event that That Darn Computer Network suspects that server security has been breached, That Darn Computer Network reserves the right to disable the account/server in order to facilitate investigation and recovery in coordination with Subscriber.
C. Subscriber agrees that That Darn Computer Network shall not be responsible for any service interruptions.
6) Limitation of Liability, Indemnification:
A. Upon the discovery of facts which reasonably indicate that That Darn Computer has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify That Darn Computer Network of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against That Darn Computer Network with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to That Darn Computer Network as requested by Subscriber anytime during the twelve (12) month period following such notification, That Darn Computer Network shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to That Darn Computer Network for service fees. Payment will be made via company check from That Darn Computer Network. The remedies set forth in this paragraph are Subscriber’s sole and exclusive remedies should That Darn Computer Network breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
B. The parties acknowledge and agree that That Darn Computer Network shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber’s Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
C. That Darn Computer Network is not responsible for data or content maintained and distributed by That Darn Computer Network facilities. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. That Darn Computer Network DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. That Darn Computer NETWORK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
7) Back Up & Data Loss:
Customer agrees to maintain a current copy of all content hosted by That Darn Computer Network notwithstanding any agreement by That Darn Computer Network to provide backup services. That Darn Computer Network does not provide any sort of compensation for lost, inaccurate,incomplete, or outdated data, regardless of any reason(s) such as human error or system failure.
8) Chargeback Dispute:
The customer must contact That Darn Computer Network when there is any dispute on payment, instead of filing a chargeback. Any chargeback attempt will leadto immediately suspension of all services of the customer until the dispute is fully resolved according to the agreement between That Darn Computer Network and the customer. Failure to resolve the dispute within 7 days will lead to termination of all services of the customer.
That Darn Computer Network respects the privacy of our customers. We will never disclose/sell the email addresses, web addresses and any private information of our customers to any third party members without our customers’ permissions. All email messages sent from That Darn Computer Network will also be related to our customers’ hosting accounts and our services. This policy does not apply to fraudulent orders and customers who violate our TOS and AUP. We will disclose any information about customers upon, in our sole discretion, any valid request by government or law officials.
A. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.
B. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by That Darn Computer Network, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
C. That Darn Computer Network reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the That Darn Computer web site. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
D. The Customer agrees to the domain registration agreements of the service that the domain is registered. All TOS and AUP aggreements with that service apply.
Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and That Darn Computer Network hereby agree by making use of the That Darn Computer Network service.