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Database Mart LLC Dedicated Server Terms of Service (TOS)

You must accept the terms of this Agreement in order to use the Services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

Database Mart LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Database Mart LLC Website (the "Site"). Your continued use of Services following Database Mart LLC's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Acceptable Use Policies (AUP)

Content

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our AUP and TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may also co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed below without notice, based upon the nature of the violation.

No Database Mart LLC, servers or networks may be used for:

• Email spamming
• IRC Hosting or Services of any kind
• Warez, Hacks or Serials sites
• Child Pornography
• Illegal content or activities
• Any other type of high packet load or disruptive network traffic

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack.In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Database Mart LLC may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Password Protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Database Mart LLC service to guess passwords or to access other systems or networks without authorization.Database Mart LLC will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Commercial Advertisements with Email

Database Mart LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Database Mart LLC may not use or permit others to use our network to transact in UCE. Customers of Database Mart LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.

Customers of Database Mart LLC are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Database Mart LLC network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Database Mart LLC SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Database Mart LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Database Mart LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Database Mart LLC may at its sole discretion restrict, suspend or terminate customer's account. Further, Database Mart LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Database Mart LLC will notify law enforcement officials if the violation is believed to be a criminal offense.

Any Investigation, correction or Fixes under violation of Database Mart LLC AUP's may result to $75/hour fee.

Term of Service (TOS)

Payments and Fees

Acceptable means of payment are credit card, paypal, and check. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach two days past due. Service interrupted for nonpayment is subject to a $150.00 reconnection charge. Accounts not paid by due date are subject to a $25.00 late fee.

Delinquent Accounts

Database Mart LLC may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation

You must notify us of a cancellation request a minimum of seven (7) days prior to the billing renewal date. To do so please submit a sales ticket at Customer Support Center or email sales$dedicatedsqlserver.com. There are no penalties for canceling your server. The server would then be terminated at the end of your billing cycle.

Refunds and Disputes

All payments to Database Mart LLC are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback, in Database Mart LLC discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service.

NO WARRANTIES

Database Mart LLC makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Database Mart LLC or its agents or employees shall create a warranty. Database Mart LLC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Database Mart LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Customer's use of or inability to use the service, or for third parties' use of the service to access Customer's Web content, or to access the Internet or any part thereof, or Customer's or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If Customer is dissatisfied with Database Mart LLC' service or any of its terms, conditions, rules, policies, guidelines, or practices, Customer's sole and exclusive remedy is to discontinue using the service.

Customer understands that by placing information on a dedicated server from Database Mart LLC that such information becomes available to all Internet users and that Database Mart LLC does not limit or restrict access to such information, nor protect any such information from copyright infringement or other wrongful activity. Customer assumes full responsibility and risk for their use of the dedicated server. It is the Customer's sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise, provided through Database Mart LLC or on the Internet generally.

Our Mailing Address

Database Mart LLC
7017 Weis Driver
Galveston, TX 77551
USA