This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary of the renewal date subscribed services. The above applies to all accounts and services provided by Datona Communications.
Any services charged to clients credit card that is declined for any reason will be subject to suspension. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Datona Communications may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Suspension of Account

We reserve the right to suspend an account at any time. Reasons for suspension include, but are not limited too, breach of terms of service, unable to contact client, lack of client details being maintained and updated, non payment, overdue payment, excessive CPU usage, misleading us in any way. We reserve the right to charge you time taken in investigating an account.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month allocated to each domains account.
Datona Communications will monitor Customer's bandwidth and disk usage. Datona Communications shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the allocated amount. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Datona Communications sole and absolute discretion. If Datona Communications takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Datona Communications may, at its sole discretion, collect a deposit, in an amount determined by Datona Communications, against customer's credit card.
Excessive Disk space usage, or excessive bandwidth usage, will be charged to the clients account at the following rates:
Excessive Diskspace: $3.00 per 10 MB overage (rounded to the next highest megabyte)
Excessive Bandwidth: $2.00 per 1 GB overage (rounded to the next highest gigabyte)

Client Content

Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of Datona Communications or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Datona Communications or any third party. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, misconfigured scripts, voyeuorism, adult content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Datona Communications will be the sole and final arbiter as to what constitutes a violation of this policy and at any time, result in a fine and/or cancellation of account without refund.

Copyright or trademark infringement

Use of the Datona Communications service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software."

Refund and Disputes

We offer a 30-day money back guarantee in case our customers are not satisfied for any reasons with the services provided by us. To cancel your account you will need to use the cancel feature inside the members area only.
Please note that if any charges are involved in the refund (e.g. Credit Card charge by Card issuer) will be deducted from the money refunded.
All overcharges or billing disputes must be reported within 10 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Datona Communications sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Datona Communications an "Administrative Fee" of not less than $50 and not more than $150.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If data loss occurs due to negligence of client in securing their account or by an action of the client, Datona Communications will attempt to recover the data from the most recent archive for a $50.00 fee.

Cancellation

Cancellation MUST be made inside the Members Area. All fees paid for services are non-refundable. If account is cancelled, ALL DNS for the account MUST be pointed to other DNS servers other then Datona Communications.

Termination

Either party may terminate this Agreement without cause upon notice to the other party. All requests for cancelling accounts must be made through the Members Area using the CANCEL DOMAIN feature. Nothing in this paragraph however shall limit Datona Communications right to terminate Customer immediately and without prior notice for improper use and/or violations as set forth herein.
In the event that Datona Communications elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that Datona Communications elects to terminate Customer without cause, CustomerData Loss. shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

Indemnification

Datona Communications wishes to emphasize that in agreeing to the Terms of Service, customer indemnifies Datona Communications for any violation of the Terms of Service that results in loss to Datona Communications or the bringing of any claim against Datona Communications by any third-party. This means that if Datona Communications is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Datona Communications, plus all costs and attorney's fees.

Liability

Customer agrees that Datona Communications shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that Datona Communications shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold Datona Communications liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
Datona Communications is not liable for customer site content backups on their shared hosting platforms. Datona Communications has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a loss or failure.
IN NO EVENT SHALL Datona Communications LIABILITY EXCEED THE TOTAL VALUE PAID TO Datona Communications BY CUSTOMER.

Representation and/or Warranties

Datona Communications makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Datona Communications liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. Client Content, Backups and Data Loss.
Datona Communications assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Datona Communications Servers, or of any database maintained on any server operated by Datona Communications.
AT NO TIME SHALL Datona Communications ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Security

Customer understands that the Internet and other various networking communications are not secure.

Support Boundaries

Datona Communications provides 24 x 7 technical support to our subscribers through our Touble Ticket area located inside the MEMBERS AREA. Datona Communications limits our technical support to our area of expertise. The following is our guidelines when providing support: Datona Communications provides support related to your server or virtual site physical functioning. Datona Communications does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Datona Communications does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our FAQ page at http://www.datona.com/faq.php - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before starting a trouble ticket.

Applicable Laws

Customer will ensure that its use of the Internet and any service provided by Datona Communications to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, forgery, impersonation, voyeurism, and adult content. In the event that Customer violates this provision, Datona Communications shall have the right to consider same a breach of this Agreement by customer which shall entitle Datona Communications to terminate Customer immediately without prior notice.

It shall be within the sole discretion of Datona Communications to deem material as inappropriate.

Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Datona Communications shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL Datona Communications LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Datona Communications AND CUSTOMER.

Datona Communications will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Datona Communications be responsible for this cost.

Mail Services

Datona Communications mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Web based e-mail is provided by Datona Communications for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on Datona Communications servers is deleted after 60 days. Datona Communications does not backup the mail accounts of its customers and customers store their e-mail on Datona Communications servers at their own risk.

Scripts Prohibited From All Servers

Formmail.pl - We do not allow ANY version of formmail from Matt's Scripts.
Please use formmail.PHP or the secure version of formmail 1.9s available at
http://www.monkeys.com/anti-spam/filtering/formmail.html
Any current client found to be using a version of formmail below 1.92 will be subject to a $100US fine and/or account suspended until scripts can be removed and confirmed.

Pirated software, warez or illegal MP3
Hackers programs or archives
Proxys/Port "Bouncers" etc (BNC, shelld)
IRC and IRC bots (BitchX, eggdrop, etc.)
ALL versions of TWiki
Third party chat scripts (para is OK)
Sites with banners, graphics, or CGI's running from their domain used on other domains
Minivend daemons
UltimateBBS (UBBS - all versions)
Yabb-cgi
smartsearch.cgi
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
nph-proxy
The Anonymizer
Improperly installed formmail scripts
any soap mailers

Bandwidth Usage

Datona Communications reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by Datona Communications will be given the option to pay for excess usage at a rate specified with hosting package purchased, or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

Hosting Account Ownership

The billing contact, as registered with Datona Communications is considered to be the account owner. Datona Communications will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify and hold Datona Communications harmless in any legal action which arises as a result of Customer's use of Datona Communications services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Jurisdiction and Governing Law

This Agreement shall be governed by the laws of the province of British Columbia. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE PROVINCE OF BRITISH COLUMBIA.

Headings

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

Modification

The terms and conditions of this Agreement may be modified at the discretion of Datona Communications with 30 days notice to Customer.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Datona Communications via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal

Customer's failure to properly notify Datona Communications of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect.

Spam Or Unsolicited E-Mail Policy

You must not use the Datona Hosting Network, Datona Hosting equipment or any Datona Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above nor shall Datona Communications IP address be used. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Datona Hosting Network, Datona Hosting equipment or any Datona Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Datona Communications reserves the right to disable your domain without warning. In addition, Datona Communications may impose a $100 USD penalty for each spam policy violation. Datona Communications solely reserves the right to refuse or cancel service to known spammers. Lastly, Datona Communications reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.