1.0 Generic
1.1 DDC Net Services's policy is to act as a neutral
provider of access to the global Internet. We reserve
the right to suspend or cancel a customer's access to
any or all services provided by us if the account is
inappropriately used. All services are intended for end
user only and may not be sold or given to third parties.
1.2 DDC Net
Services is a web presence provider allowing Client's
web site to be reachable via Client's domain name (i.e.
theirname.com), or by anyone with access to a web
browser connected to the Internet. ddcnet.com provides
the disk space in which the files composing Client's web
site reside and a connection capable of transmitting
said files to End User.
2.0 Ordering
2.1 Please
read the following Terms of Service and
AUP
agreement before proceeding. By ordering any package,
you agree to all the policies listed. If you do not
agree with these policies, you cannot order. These
policies are to protect the best interest of our
customers as a whole.
2.2 DDC Net Services handles the registration process
for Client's requested domain name. Client agrees to pay
DDC Net Services for the domain charges for the amount
stated in the hosting plans.
3.0 Charges Agreement
3.1 Client
understands that each purchase will appear in credit
card statement under the name of DDC Net Services and
that should client encounter any problem with the
billing or order client should contact the DDC Net
Services billing department.
3.2 DDC Net Services also uses Paypal as a Credit Card
processor. Should a client use more than specified
resources; such as web space, data transfer, sub domain,
ftp account, mailing list, pop account, mySQL Database;
client agrees to pay the bill sent by DDC Net Services
for the amount listed in the DDC Net Services billing
center.
3.2.1 If Paypal is selected as payment type then the
following policy applies:
Goods and services provided by DDC Net Services sold by
Paypal.
3.3 DDC Net Services reserves the right to refuse,
suspend, or cancel service pending DDC Net Services's
receipt of valid credit card information from Client.
Client agrees to notify DDC Net Services of any changes
to Client's credit card information by updating the
credit card on file in the Client Billing Center.
3.4 All payments to DDC Net Services are non-refundable
this includes one time setup fees and other subsequent
charges regardless of usage. If a dispute has been
issued by client's credit card company, in DDC Net
Services and/or Paypal's sole discretion is a valid
charge under the provisions of the TOS and/or AUP, you
agree to pay DDC Net Services an administration fee of
not less than $75 and not more than $200.
3.5 On account of credit card declination or failed
subscription payment, DDC Net Services will resume to
charge the credit card again the next day. Service
interruption will occur on accounts that have reached 6
days past due. Service interruptions are subject to $50
reconnection fee. Payments that are not collectable by
DDC Net Services will be turned over to collection
agencies and clients agrees to pay the agency any fees
incurred.
3.6 Client agrees to complete the payment for any custom
support job provided for non managed dedicated service.
3.7 CLIENT may cancel account with DDC Net Services and
be removed from billing, thereby stopping all future
charges. Should Client decide to cancel the account,
notice should be made 10 days before the account is due.
Should Client fail to make an advance notice; DDC Net
Services reserves the right to charge the client for the
next payment.
4.0 Indemnification
4.1 Client
agrees that he/she will defend, indemnify, and hold
harmless DDC Net Services from any and all demands,
fines, liabilities, losses, costs, claims, and expenses,
including attorney's fees, asserted against DDC Net
Services, its employees, officers, agents, and directors
that may arise or result from any service provided or
performed, or agreed to be performed, or any product
sold by Client, its employees, officers, agents, and
directors.
4.2 DDC Net Services assumes no liability of the Client
for failure to follow this Agreement and any results
caused by the acts, omissions or negligence of the
Client, subcontractor or an agent of Client or an
employee of any one to them, including, but not limited
to, claims of third parties arising out of or resulting
from or in connection with the Client's products,
messages, programs, caller contracts, promotions,
advertising, infringement or any claim for libel or
slander or for violation of copyright, trademark or
other intellectual property rights.
5.0 Disclaimer
5.1 DDC Net
Services will not be held responsible for any damages
you or your business may suffer.
5.2 DDC Net Services makes no warranties of any kind,
expressed or implied, for services rendered.
5.3 DDC Net Services disclaims any warranty,
merchantability, or fitness for a particular purpose.
5.4 DDC Net Services assumes no liability for
disruptions or improper operation of its equipment or
software for any reason, including, but not limited to,
vandalism, theft, phone service outages, Internet
disruptions, human error, extreme or severe weather
conditions or any other causes in the nature or force
nature.
5.5 DDC Net Services will not be responsible for
consequential damages or punitive or exemplary damages
under any circumstances. In no case will Client be
entitled to recover damages from DDC Net Services.
6.0 Policies Terms
6.1 The term
of this Agreement will continue until a notice of
cancellation by DDC Net Services or Client is given, or
until terminated under other provisions of this
Agreement. DDC Net Services reserves the right to
terminate this Agreement without cause upon notification
to the Client.
6.2 DDC Net Services may further terminate this
Agreement immediately without notice at any time the
Client breaches any part of this Agreement, or if any
program or facility used by DDC Net Services to
implement this Agreement is disrupted or terminated for
any reason.
7.0 Presumption of Agreement
7.1 By signing
up with DDC Net Services, be it using DDC Net Services's
online sign up form or contacting in any way an
employee, officer, agent, and director with request for
ddcnet.com to provide Client services, Client (1) agrees
to complete the payment form sent by DDC Net Services in
order to setup Client's account, and (2) agrees to each
and every provision set forth in this Agreement and
shall hold to said Agreement in the court of law.
8.0 Default
8.1 In the
event Client defaults in any provision or fails to
perform pursuant to this Agreement, DDC Net Services
will be entitled to damages, costs, and attorney's fees
from the Client.
9.0 Invalid or Non-enforceable provisions
9.1 The
invalidity or non-enforceability of any provision of
this Agreement, as so determined by a court of competent
jurisdiction, will not affect the other provisions
hereof, and in any such occasion this Agreement will be
construed in all respects as if such invalid or
non-enforceable provision were omitted. This agreement
constitutes the entire agreement between the parties
hereto.
10.0 Choice of Law/Venue
10.1 This
Agreement will be construed and enforced in accordance
with the laws of the State of FL and the venue for any
action, dispute or proceeding with respect to this
Agreement will be FL.
11.0 Captions
11.1 The
captions in this Agreement are for convenience only and
will not be used in interpreting, construing, performing
or enforcing this Agreement.
12.0 Amendments and Modifications
12.1 DDC Net
Services may make amendments or modifications to this
Agreement at any time. Whenever practical, DDC Net
Services will notify Client of changes to this
Agreement.
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