Last update: September 30, 2014
This Terms of Service Agreement (hereafter “Agreement” or “TOS”) is entered into by and between Global Money Union Inc., doing business as NoDowntime Domains Corporation, (hereafter “Unmanaged-Dedicated-Servers.com”) and you (hereafter the “Client”) and is made effective as of the date of your use of Unmanaged-Dedicated-Servers.com website or the date of electronic acceptance.
The current version of the TOS can be found on the website https://unmanaged-dedicated-servers.com/terms/.
The Unmanaged-Dedicated-Servers.com and the Client shall be collectively referred to as the Parties. The parties agree as follows:
Under this Agreement, the Unmanaged-Dedicated-Servers.com will provide Web Hosting, Monitoring, Automatic Failover Service, URL redirection and related services (hereafter “Services”) to Client. By accepting this Agreement and using Unmanaged-Dedicated-Servers.com’s Services, Client agrees to be bound by all the terms and conditions of this Agreement.
Unmanaged-Dedicated-Servers.com agrees to provide Client with Services. Unmanaged-Dedicated-Servers.com reserves the right to change or modify the features of Client’s service plan from time to time on 15 days written or e-mailed notice to Client. Client’s continued use of Unmanaged-Dedicated-Servers.com’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the Unmanaged-Dedicated-Servers.com’s modification of the terms and conditions of this Agreement.
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
(a) Client may terminate this Agreement at any time, for any reason, by contacting Unmanaged-Dedicated-Servers.com, either by phone or e-mail, and requesting that Client’s account be canceled. In the event of a cancellation, Unmanaged-Dedicated-Servers.com will not refund amounts already billed for the current monthly service period in which Client terminates the Agreement. Any amounts paid in advance by Client for future service terms following the current monthly service term will be promptly refunded by Unmanaged-Dedicated-Servers.com.
(b) Unmanaged-Dedicated-Servers.com may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client’s primary website e-mail contact.
(c) If either Party terminates this Agreement, Unmanaged-Dedicated-Servers.com will back up all Client’s current Website content, databases, and e-mail messages as an archive file, and send them to Client either as an attachment to an e-mail or via other file transfer process.
Client agrees to abide by the terms of this Agreement and by Unmanaged-Dedicated-Servers.com’s general use policies as set forth in this Agreement, as those policies may exist from time to time. Unmanaged-Dedicated-Servers.com may change its use policies on 15 day written notice to Customer by e-mail message. Any violation by Client of the terms of this Agreement or of Unmanaged-Dedicated-Servers.com’s general use policies shall be grounds for immediate termination of Client’s account for cause. If Unmanaged-Dedicated-Servers.com terminates Client’s account for a violation of this Agreement, Unmanaged-Dedicated-Servers.com shall not be required to refund any amounts billed for the billing period in which Unmanaged-Dedicated-Servers.com terminates Client’s services.
(a) The Client agrees to pay Unmanaged-Dedicated-Servers.com an amount (based on the actual costs of the Services defined on the Unmanaged-Dedicated-Servers.com website) for the Unmanaged-Dedicated-Servers.com’ Services. Unmanaged-Dedicated-Servers.com reserves the right to change or modify its charges for Client’s plan from time to time on 15 days notice written or e-mailed to Client. Client’s continued use of Unmanaged-Dedicated-Servers.com’s services after receipt of such a notice shall constitute Client’s acceptance of and Agreement to be bound by the Unmanaged-Dedicated-Servers.com’s modified charges for its services. Additional charges for add-on services not included in Client’s plan will be made as mutually agreed upon.
(b) Service charges are payable in advance, on a monthly or annually basis. Unmanaged-Dedicated-Servers.com will invoice Client at the beginning of each payment period. Unmanaged-Dedicated-Servers.com will submit all invoices to Client by e-mail.
(c) Client agrees to be billed for all recurring and one-time charges for any Services ordered by Client and any fees owed to Unmanaged-Dedicated-Servers.com.
(d) Any charges for upgrading Client’s current Hosting package, or performing add-on requests, will not be billed until the next invoice.
(a) Failover Shared Hosting and Failover Double Shared Hosting Services have a 30-Day Money Back Guarantee. The Client can try these Services out and if the Client is not satisfied, then can ask Unmanaged-Dedicated-Servers.com for a refund within 30 days from the payment date. If the client asks for a 30-Day Money Back Guarantee refund, then this must be asked properly, as is defined in the “Refunds and Chargebacks Method” section below.
(b) Domain name registration does not have a 30-Day Money Back Guarantee option and all other Services (except Failover Shared Hosting and Failover Double Shared Hosting) do not have a 30-Day Money Back Guarantee Option.
(c) REFUNDS AND CHARGEBACKS METHOD: IF THE CLIENT EVER FEELS THAT UNMANAGED-DEDICATED-SERVERS.COM INCORRECTLY CHARGED THE CLIENT’S CREDIT CARD OR THE CLIENT ASKS FOR A 30-DAY MONEY BACK GUARANTEE (FOR FAILOVER SHARED HOSTING AND/OR FAILOVER DOUBLE SHARED HOSTING SERVICES ONLY); THE CLIENT MUST CONTACT UNMANAGED-DEDICATED-SERVERS.COM THROUGH CUSTOMER SUPPORT AT https://nodowntime.domains/customersupport/ FOR A CORRECTION. IF THE CLIENT CHOOSES TO CONTACT THEIR CREDIT CARD COMPANY AND ISSUE A CHARGEBACK WITHOUT CONTACTING UNMANAGED-DEDICATED-SERVERS.COM AND THROUGH UNMANAGED-DEDICATED-SERVERS.COM, THEN THE CLIENT WILL BE RESPONSIBLE FOR A $50 PROCESSING FEE INVOICED TO THE CLIENT’S ACCOUNT. CLIENT ACCOUNTS THAT INITIATE A CHARGEBACK OUTSIDE OF UNMANAGED-DEDICATED-SERVERS.COM WILL BE IMMEDIATELY SUSPENDED.
TO REACTIVATE A CLIENT ACCOUNT SUSPENDED DUE TO A CHARGEBACK, THE CLIENT MUST REVERSE THE CHARGEBACK. REVERSING A CHARGEBACK IS DONE BY CONTACTING THE CLIENT’S BANK OR CREDIT CARD ISSUER AND REQUESTING THAT THE CHARGEBACK BE REVERSED. THE CHARGEBACK REVERSAL PROCESS CAN BE A TIMELY ONE AND THE CLIENT’S ACCOUNT WILL BE SUSPENDED UNTIL IT IS COMPLETED AND UNMANAGED-DEDICATED-SERVERS.COM IS NOTIFIED OF THE REVERSAL. A CLIENT’S ACCOUNT, DUE TO A CHARGEBACK, CANNOT BE REACTIVATED BY MAKING PAYMENT USING AN ALTERNATIVE PAYMENT METHOD.
Unmanaged-Dedicated-Servers.com shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Unmanaged-Dedicated-Servers.com’ server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by Unmanaged-Dedicated-Servers.com.
Any material and data Client provides to Unmanaged-Dedicated-Servers.com in connection with Services shall be in a form requiring no additional manipulation on the part of Unmanaged-Dedicated-Servers.com. Unmanaged-Dedicated-Servers.com shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. Unmanaged-Dedicated-Servers.com, in its sole discretion, may reject material or data that Client has placed on Unmanaged-Dedicated-Servers.com’s servers or that Client has requested that Unmanaged-Dedicated-Servers.com put on Unmanaged-Dedicated-Servers.com’ servers. Unmanaged-Dedicated-Servers.com agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Unmanaged-Dedicated-Servers.com’s requirements. Client’s failure to amend or modify the data or material as directed by Unmanaged-Dedicated-Servers.com within a reasonable time shall be a breach of this Agreement.
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person’s permission is prohibited. Unmanaged-Dedicated-Servers.com’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to $99.
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. Unmanaged-Dedicated-Servers.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any Client, Unmanaged-Dedicated-Servers.com or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the Client is not entitled.
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause.
(a) Client expressly agrees that use of Services provided by Unmanaged-Dedicated-Servers.com is at Client’s sole risk.
(b) Unmanaged-Dedicated-Servers.com, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(c) Unmanaged-Dedicated-Servers.com, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Unmanaged-Dedicated-Servers.com’s records, programs, or services.
(d) Unmanaged-Dedicated-Servers.com will exercise no control over the content of the information passing through Unmanaged-Dedicated-Servers.com’s network except those controls expressly provided herein.
(e) Unmanaged-Dedicated-Servers.com makes no warranties or representations of any kind, express or implied, for the services it is providing. Unmanaged-Dedicated-Servers.com also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Unmanaged-Dedicated-Servers.com. These products and services are only for Client’s use in connection with Services provided to Client as outlined in this Agreement.
(b) Client expressly warrants to the Unmanaged-Dedicated-Servers.com that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to Unmanaged-Dedicated-Servers.com servers.
Client is responsible for and must provide all phones, ISP services, computers, software, hardware, and other services necessary to access Unmanaged-Dedicated-Servers.com servers. Unmanaged-Dedicated-Servers.com makes no representations, warranties, or assurances that Client’s equipment will be compatible with Unmanaged-Dedicated-Servers.com Services.
Client expressly represents and warrants that Client and any person to whom Client grants access to Client’s Unmanaged-Dedicated-Servers.com account are at least 18 years of age.
Client agrees to defend, indemnify, and hold Unmanaged-Dedicated-Servers.com harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Unmanaged-Dedicated-Servers.com, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client’s agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Unmanaged-Dedicated-Servers.com against liabilities arising out of:
(a) Any liability to Unmanaged-Dedicated-Servers.com arising by virtue of any use of Unmanaged-Dedicated-Servers.com’s services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client;
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and (e) Any defective product which Client sold or distributed by means of Services.
Client agrees that the liability limit of Unmanaged-Dedicated-Servers.com shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Client agrees to keep Unmanaged-Dedicated-Servers.com informed of all current contact information for Client’s account. Changes in Client’s account information may be reported to Unmanaged-Dedicated-Servers.com’s website located at https://nodowntime.domains/customersupport/. Failure to maintain or keep current all contact information shall be a ground for Unmanaged-Dedicated-Servers.com to terminate Client’s account for cause.
This Agreement has been entered into in the State of Delaware (USA), and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Unmanaged-Dedicated-Servers.com of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
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