Terms & Policy Updated: December 11, 2004
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.
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 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
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
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.
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 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.
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
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.
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.
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
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
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.
Customer understands that the Internet and other various
networking communications are not secure.
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
- 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.
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.
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
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
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
UltimateBBS (UBBS - all versions)
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
Improperly installed formmail scripts
any soap mailers
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
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
Headings in this Agreement are for convenience only
and shall not be used to interpret or construe these
The terms and conditions of this Agreement may be
modified at the discretion of Datona Communications
with 30 days notice to Customer.
This Agreement supersedes all Agreements previously
made between the parties pertaining to the subject matter
of this Agreement. There are no other understandings
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.
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
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.