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The following are the Terms & Conditions
that must be agreed upon in order to sign-up with Dataride by Implex.
All users of our service will be bound to this agreement.
Refusal of Service
We reserve the right to refuse, cancel, and/or suspend service on our systems at
our sole discretion, for any reason.
Domain Names
Domain Names registered through Dataride/Enom must follow the
Uniform Domain Name Dispute Resolution Policy as approved by ICANN.
This policy can be found here.
Passwords - Account Ownership,
The Account Holder, as defined by the party listed in the Dataride
accounting system submitted by the customer upon initial registration
shall be responsible for maintaining security of its password.
Dataride will not change passwords to any account without proof
of identification, which is satisfactory to Dataride, which may
include written authorization with signature. In the event of
any dissolution of a corporation or partnership, divorce or other
legal action that includes Account Holder, Account Holder understands
that Dataride will remain neutral and may put the account on hold
until final adjudication of the disposition of the domain name
by a court with appropriate jurisdiction. Under no circumstances
will Dataride be liable for any losses incurred by Account Holder
during this time of determination of ownership, or otherwise.
The Account Holder agrees to indemnify and hold harmless Dataride
from any and all Claims arising from such ownership disputes.
In the event of a breach of security through the Account Holder's
account, the Account Holder will be liable for any unauthorized
use of the Dataride services, including any damages resulting
therefrom, until the Account Holder notifies Dataride ’s
customer service dept.
Unacceptable Content
All services provided by Dataride by Implex may be used for lawful
purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State
or City law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Dataride by Implex and its employees
from any claims resulting from the use of the service which damages
the subscriber or any other party. Dataride by Implex will be the
sole arbiter as to what constitutes a violation of this provision.
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to Dataride servers or any
other server on the Internet. Links to such materials may also
be prohibited. Pornography is not expressly prohibited, however
the legal bounds still apply.
System and Network Abuse
Any attempt to undermine, compromise the security of, or otherwise
cause harm to any Dataride equipment or customer accounts is strictly
prohibited and will result in the cancellation of the account.
Web Site Files
The subscriber is responsible for maintaining a complete and current
copy of their web site content at a remote location from Dataride
by Implex Dataride does perform daily backups and there will
be a $50 restore fee should Dataride be required to provide a
simple website restore per subscribers request (Additional support time may be billed to you at a rate of $125 per hour or the current billable rate for issues beyond simple website restoration - e.g. database failures, et. al.). E-mail will not be available
for restore. Dataride has the right to delete all data, files,
or other information in the customers web site account, if the
customer's account with Dataride is terminated, for any reason,
by either Dataride or the customer.
Email
Spamming, or the sending of unsolicited e-mail including, without
limitation, commercial advertising and informational announcements,
from a Dataride server or using an e-mail address or domain that
is maintained by Dataride as reference is STRICTLY prohibited.
Dataride by Implex will be the sole arbiter as to what constitutes
a violation of this provision. A user shall not use another site's
mail server to relay mail without the express permission of the
site. Dataride will be the sole arbiter as to what constitutes
a violation of these provisions.
Limited Liability
Use of Dataride by Implex services is at the customers sole risk.
Neither Dataride, its employees, affiliates, third party services,
merchant licensors or the like, warrant that Dataride web hosting
service will not be interrupted or error free. Dataride will make
every good faith effort to ensure that its web servers are available
to as many Internet users as possible and that there is minimal
interruption of service as possible. In no circumstance will Dataride,
its employees, or its affiliates be liable for any claims, any
action either direct, indirect, special, incidental, or consequential,
or any damages either punitive or alleged to have resulted, including
loss of profits, from the use of or inability to use Dataride
services, from service interruptions, from customer errors or
problems with their Internet connectivity, from unauthorized access
to Dataride hosting services, from communication failure, from
bandwidth congestion or interruptions, or from acts of God.
Agreement & Account Activation
By activating your account with Dataride you agree to the
above policies, the 'Service Level Agreement' and disclaimer(s). Upon requesting an account activation,
you are required to accept these policies, guidelines, the 'Service Level Agreement' and disclaimer(s)
and a copy of your acceptance is forwarded along with your activation
request to be maintained within your account information.
Reporting Network Abuse
Any party seeking to report any violations of Dataride
policy may contact Dataride at abuse@Dataride.com
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