Data paradise Terms of conditions
Last Modified 12/09/2017
FOLLOWING ARE TERMS OF CONDITIONS WHICH IS A BINDING CONTRACT WITH CLIENT :
1. Service Abuse
a- No illegal use of any kind is permitted on sites or servers including, but not limited to, unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any State or Federal laws, and selling or distributing contraband.
b- No internet abuse of any kind is allowed including, but not limited to, spamming, mass emailing programs, cross-posting unsolicited messages to online groups, posting obscene or inflammatory messages, threatening Internet users, mail bombing, and running packet sniffers or port scanners.
2. Service Abuse Violation
a- Should a Service Abuse violation occur, in addition to all other legal and equitable remedies, Data paradise may terminate the account without notice and without any refunds. Client shall be responsible for any and all damages caused to Data paradise. Data paradise may charge client an amount equal to the cost associated with repairing any damages done.
3. Data Loss and Backups
a- Client is responsible and shall at all times maintain all its data on Clients own remote backup system separate from Data paradise equipment or servers. Client acknowledges that access to the Internet may fail or be interrupted at any time; hardware is mechanical and prone to failure without warning. Data paradise offers backup services and, if so subscribed, backups are performed on a best-effort basis, but in no event, with back up subscription or not, shall Data paradise be responsible to Client for any lost files, data, damages or information
4. Server Management
a- Server management occurs as a queued task. Data paradise is not responsible for any loss or in any manner should a server be hacked, exploited, cracked, or in any way damaged by client or a 3rd party. Data paradise reserves the right in its sole discretion to decline management services for any reason whatsoever.
5. Technical Support
a- If the client wishes to file a support ticket or to check on progress of an existing trouble ticket, they may dial +0731-4067140 and select option 1, log-in to the portal at http://dataparadise.net, or e-mail firstname.lastname@example.org
b- Data paradise technical support team is ready to assist 24 hours a day, 7 days a week, 365 days a year.
6. Payment Policy
a- Certain services may require setup fees prior to activation, which client shall be made aware of by Data paradise.
b- Full payment is required before any Data paradise hosting or other service is provided.
c- Data paradise accepts credit card payment (Visa, Master Card, Discover, or American Express), certified funds, wire transfers, or PayPal (www.paypal.com).
d- Online credit card payments are authorized and assessed in real-time.
e- Once an order is successfully submitted, the client is subject to Data paradise refund policy.
7. Additional Features
a- Additional features can be added at any time at the client’s request and will be activated upon payment.
b- The cost for additional features is non-refundable regardless of whether the service was used. The 7-day cancellation period outlined in Section 12 applies to all Additional Features that may be active on any given account.
8. Refund Policy
a- All refunds are at the sole discretion of Data paradise, including fees associated with primary services, additional features, and any/all setup fees previous assessed.
a- Data paradise reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
b- Customers can cancel service pursuant to the terms of their contract by email or through the portal. Only authorized contacts/individuals can cancel an account. Unless client specifies a termination date, accounts will be terminated upon notice.
c- Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.
d- Cancellation requests must be submitted via the Data paradise management portal by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued.
e- Refund policies (Section 9) strictly apply to all cancelled accounts.
f- If an account is cancelled due to non-payment, Data paradise reserves the right to delete contents without notice and re-provision the server.
g- Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.
a- The client agrees to defend, indemnify, and hold harmless Data paradise and all of its officers, owners, employees, agents, and contractors from and against any and all liabilities of every nature or kind resulting from the services herein, including but not limited to, client’s defective products, personal injury or property damage caused by products or services sold or distributed from Data paradise servers, any infringements on the rights of a third party and libel or defamation of a third party. Client also agrees to pay and indemnify Data paradise for any legal fees, fines, levies, judgments, settlements, or charges.
a- Data paradise is not responsible for any damages to any client’s business. Data paradise makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of Data paradise’s service is at the client’s sole risk. Under no circumstances will Data paradise be liable for any claims resulting from the use or inability to use Data paradise’s services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to Data paradise servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
13. Policy Revisions
a- Data paradise reserves the right to revise its policies at any time.