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.
"Database Mart LLC" provides web hosting, domain name registration, SSL certificates and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
You agree not to misuse the "Database Mart LLC" services or help anyone else to do so. The following is a list of actions that will cause direct suspend/cancel/terminate your service without the possibility of refund:
We do not permit sites and databases on the shared servers that use more than 10% of system resources (including CPU, memory, disk space, bandwidth and other resources), or sites which in the our view are detrimental to the enjoyment of the services by the other clients. If at any time the client's website affects the performance of the other client sites on the server, we reserves the full right to offer client the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the client's web site.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
"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".
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.
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.
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".
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
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.
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.
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.
"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.
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.
"Database Mart LLC" provides 24/7/365 technical support to our clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
Resellers are responsible for the conduct of their clients and by agreeing with this ToS, Resellers agree that their clients will adhere to the ToS. Resellers should make their perspective clients aware of the ToS and the consequences of violation.
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 Nationals” (“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.
You agree to pay for the services in advance of the time period during which such services are provided.
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.
Database Mart LLC is required by Texas state law to charge a 6.6% sales and use tax from all of our Texas based clients, including out of state and international companies who have subsidiaries located in Texas. All questions regarding this tax may be directed to the Texas State Comptroller of Public Accounts Office at http://comptroller.texas.gov/contact.php.
"Database Mart LLC" provides a 3 day grace period from the time the invoice is overdue and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% late fee. The 10% late fee is applied in addition to whatever else is owed to "Database Mart LLC" for services rendered.
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.
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.
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.
Database Mart 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 firstname.lastname@example.org. 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.
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.
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.
Anyone who violates our Terms of Services is ineligible for any refunds or credits.
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.
If you are not satisfied with our services for any reason during the first 30 days of your new account, we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. 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, SQL domain name registration(s) or SSL certificates or any other optional service(s) are not included under this guarantee.
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@example.com 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 firstname.lastname@example.org 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.
When a new account or domain, as applicable, is registered with or transferred to "Database Mart LLC", the process requires and results in the creation of the following within the records of "Database Mart LLC", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
"Database Mart LLC" is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with "Database Mart LLC". By accessing "Database Mart LLC"'s system, registering, or using any of the services provided by "Database Mart LLC", the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with "Database Mart LLC" are subject to the terms and conditions of this section of these Terms.
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 not 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@example.com
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
"Database Mart LLC" cannot be held liable for unexpected 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. We are currently functioning as a reseller for the dedicated servers, domains and SSL certificates. Thus, certain equipment, routing, software, and programming used by "Database Mart LLC" are not directly owned or written by "Database Mart LLC". We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, "Database Mart LLC" 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 "Database Mart LLC" sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
Database Mart LLC
7017 Weis Drive
Galveston, TX 77551