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DMD Studio, Inc. Terms and conditions Click Here »
By Hosting with DMD Studio you must agree to this Service Contract. If you do not agree, you should not Host with us.
 1.USER CONDUCT:
DMD Studio, Inc. prohibits the use of its web hosting services for any unlawful purposes which includes, but is not limited to,
the posting or transmission of any data that violates any state, federal or international laws,
data which is threatening, obscene or defamatory, any data which is the property of a third party and is protected by copyright,
trade secret, intellectual property patent laws or export control laws.
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2. INDEMNIFICATION:
You hereby agree to indemnify, defend, save and hold harmless DMD Studio, Inc. from any and all demands, liability, penalties,
losses, damages, costs, claims, expenses, attorneys' fees asserted against DMD Studio, Inc., its agents, its customers,
officers and employees, that may arise or result from any service provided or performed or agreed to be performed
or causes of action or claims caused by or resulting indirectly from your use of the service which damages either
you, DMD Studio, Inc., or any other party or parties without limitation or exception.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
You hereby agree that any termination or refusal shall not constitute a breach of contract, or be used as the basis
for any other claims, financial or otherwise against DMD Studio, Inc. by you, and you agree to indemnify and hold DMD Studio, Inc.
harmless from any claims by third parties resulting from your use of our web hosting services.
DMD Studio, Inc. may elect at its sole discretion to monitor some, all or none of your web activities for adherence to this
agreement. At all times, DMD Studio, Inc. reserves the right to terminate this agreement, and refuse providing further service
to anyone it determines is in violation or may violate any law.
4. DATA ENCRYPTION
Although DMD Studio, Inc. provides encrypted data through its secure servers via industry standard methods, DMD Studio, Inc. assumes
no responsibility for the effectiveness of any encrypted data, nor will DMD Studio, Inc. guarantee that an encryption algorithm
will be indecipherable, and data visibly transmitted. DMD Studio, Inc. makes no claims or warranties regarding the viability,
integrity or invincibility of the encryption used, nor will DMD Studio, Inc. accept responsibility for the success or failure
of the secure server to properly encrypt data. Therefore by using DMD Studio, Inc's secure server and being charged for its
use, you assume any risks that the encryption may be decipherable.
5. NOT TRANSFERRABLE
You agree that the DMD Studio, Inc. web hosting service is not transferable. Whoever activates and pays for the account is
responsible for that account.
6. ECPA NOTICE
DMD Studio, Inc. reserves the right to monitor any and all communications through or with our facilities. You agree that
DMD Studio, Inc. is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation
of privacy is afforded.
7. ACCOUNTING:
DMD Studio, Inc.' billing cycle begins when you receive an e-mail
confirming that your website has become available for access over
the Internet. The first month (and all months of service) is payable
in advance, including any set up fees. Thereafter, your credit card
will be charged 1-5 days prior to the account becoming due.
If, the account is not paid within 5 days after payment is due, access to the account will be blocked and the web site will
be taken offline. No data will be deleted, however, no backup of it will be provided (it is the user's responsibility to
have a local copy of his/her web site) unless a backup restoration fee of $35 is provided.
Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event
of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs,
attorney fees, court costs, or collection agency fees. Any returned checks due to insufficient funds and credit card
charge backs are subject to a $35.00 fee, and will place your account in default and service will be terminated immediately.
An email announcing your next payment date will be sent to the contact email addresses you provide to DMD Studio, Inc. (via the
order process or the control panel's email section). It is not DMD Studio, Inc's responsibility if you do not receive or read
that email due to any circumstances beyond our control. Several emails are sent on different dates to make sure you receive it.
An example: if you opened your account on March 18th, your account becomes due on April 18th if you paid for one month of
service, with your payment date being April 13rd.
DMD Studio, Inc. reserves the right to change the rate of this service by giving thirty (30) days notice prior to the effective
date of the new rate. You may cancel this Agreement by providing thirty (30) days prior written notice to DMD Studio, Inc..
DMD Studio, Inc. reserves the right to modify these policies at any time. All clients will be notified of such changes before they
take effect. We are not responsible for any typographical or translation error.
1It is not DMD Studio, Inc's responsibility if you do not receive the "Welcome Letter" email due to any circumstances beyond our control.
8. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to
supply DMD Studio, Inc. with correct information for our records, and you have a continued obligation to keep this information
current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an
obligation to fully investigate any possible fraudulent credit card use.
9. CONFIDENTIALITY OF PASSWORD
You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or
allowing disclosure of any password or from use by any person of your password to gain access to your account.
10. BACKUP OF DATA and DATA LOSS POLICY
You are responsible for backing-up your data, files, e-mail and other information that DMD Studio, Inc. holds in computer
storage. However, DMD Studio, Inc. shall take reasonable measures to protect such information, and to undertake measures to
protect such information. DMD Studio, Inc. reserves the right to extirpate, delete, and obliterate all of your data, files,
e-mail and other information that DMD Studio, Inc. holds in computer storage once your account has been terminated, for any
reason, by either party.
DMD Studio, Inc. is not responsible for any data loss and/or damages that can incur due to such event. This includes data loss
caused by the user, lack of caution by the user (i.e.: leaving your password written down where others can see it,
log in, and delete/steal your data), hardware/software/human error, or a server security breach. DMD Studio, Inc. is *very*
strict about server security and it is something we monitor constantly. We are also very good at maintaining hardware
in optimum conditions thanks to our years of extensive experience in the server hardware industry.
WARNING
DMD Studio, Inc. is not responsible for any losses caused by the termination of an account.
FACT OF LIFE: most web hosts pay no attention to server security and constantly have security breaches. We know this
due to experience with other web hosts and their systems (specially with major web hosts). Most don't apply security
patches and use default operating system installations (!!!). Some leave ports open, unnecessary services running, etc.
This is not the case with DMD Studio, Inc.. However, we can't guarantee 100% fool proof security (actually, no one can
guarantee you such a thing) since, as you might know, security bugs constantly appear on all operating systems before
solutions to them are available.
DMD Studio, Inc. reserves the right to modify these policies at any time. All clients will be notified of such changes before
they take effect. We are not responsible for any typographical or translation error.
11. NO WARRANTIES
DMD Studio, Inc. provides the services "as is" without warranty of any kind. In the event that DMD Studio, Inc. provides you with
products in conjunction with other services, DMD Studio, Inc. also provides those products "as is" without warranty of any
kind, whether express or implied. DMD Studio, Inc. disclaims all implied warranties, including the implied warranties of
merchantability or fitness for a particular purpose. In no event shall DMD Studio, Inc. be liable for any direct, consequential,
loss of profit, special, exemplary or punitive damages, even if DMD Studio, Inc. has been advised of the possibility of such
damages, that you incur from the usage of information obtained over the internet. Notwithstanding anything here to the
contrary, DMD Studio, Inc. shall not be liable for any claim brought by Reseller for any amounts in excess of the aggregate
of the amounts paid by Reseller or Reseller's customers during the 12 month period prior to the date the cause of
action arose.
Note: No guarantee and natural disasters or provider problems.
12. DISCLAIMER
DMD Studio, Inc. will not be responsible for any damages your business may suffer. DMD Studio, Inc. makes no warranties or guarantee of any kind,
expressed or implied, for services we provide. DMD Studio, Inc. disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by DMD Studio, Inc. and its employees. DMD Studio, Inc. reserves the right to revise its policies at
any time.
13. DAMAGE OR LOSS OF INCOME OR PROFITS
DMD Studio, Inc. will not be held liable for any damages or loss of income or profits resulting from:
- a. The use of its service by you or a third party;
- b. Service interruptions caused by its own negligence, or your negligence, or any other errors or omissions;
- ac. Service interruptions caused by acts of nature or act of God, or power or line failures; or
- d. Any loss of data/files, caused by delays, non-deliveries or wrong deliveries.
DMD Studio, Inc. is not responsible for the content, accuracy or quality of information obtained through its service, or
information hosted on its web servers.
14. PRIOR AGREEMENTS
This Agreement supersedes all previous representations, understanding or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted.
15. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the laws of the Commonwealth of Los Angeles, CA. and the United States of America. If any
part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the
remainder of the Agreement will not be affected or impaired in any way.
Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered
into the Commonwealth of Los Angeles, CA., and any dispute will be litigated or arbitrated the courts of Los Angeles, CA., USA.
Furthermore, defendants waive all objections to venue and acknowledge that venue in any such litigation will be held
in Commonwealth of Los Angeles, CA.'s courts. IN NO EVENT SHALL DMD Studio, Inc'S MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS.
ALL CLIENTS OF DMD Studio, Inc. MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
DMD Studio, Inc. reserves the right to modify these policies at any time. All clients will be notified of such changes before they
take effect. We are not responsible for any typographical or translation error.
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