DATASOFT NETWORKS TERMS OF SERVICE

General Provisions



Use of any Datafost Networks Service constitutes acceptance and agreement to Datasoft Network Inc's Acceptable Use Policy as well as Datasoft Network Inc's TOS (Terms of Service). Datasoft Networks Inc (www.datasoft.ws) provides Service on an "AS IS" basis, and without warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Datasoft and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Datasoft shall not be liable for any damages arising from such causes.


Datasoft Networks is not responsible for any damages your business may suffer. Datasoft Networks does not make implied or written warranties for any of our services. Datasoft Networks denies any warranty of merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Datasoft Networks.


Datasoft Networks has the right to change prices, or add or delete product features of any existing product or service. All orders are subject to acceptance by Datasoft Networks. Datasoft Networks has the right to discontinue products or services at any time. Datasoft Networks reserves the right to amend its policies at any time. Part of this policy was written under the framework of our parent provider's required TOS.

Contract Term



Customer agrees to a monthly/quaterly/semi-annually/annually contract term for services based on their billing payemnt period unless otherwise agreed to in writing. The monthly/quaterly/semi-annually/annually contract for services is automatically renewed each period in perpetuity subject to written cancellation by the Customer. No cancelaltion of service possible once service commensed and no refund possible for that billing period. To cancel is service a written cancellation service must be given atleast 5 days ahead of next payment due date. Payment is due 5 days ahead of next billing period start date. Any payment later than first day of the billing period is subjectected to 10% late fee. If payment is not recieved by the 3rd day of the billing start date, servcie will be terminated without any written notifications and all customer data will be destroyed for security and privacy reasons.

24 Hours Free Trial Servers



The 24 Hours Free Trial is only available on select products and services. The Criteria for assigning servers and related services is at the discretion of Datasoft Networks Inc. Customers opting for Free 24 Hours Trial Service are requested not to make any payments at the time of ordering a specific product OR service. Fully Paid Services/Products do not qualify for Free 24 Hours Trial offer. The categories that are available for Free 24 Hours Trials per customer are : One Basic Cloud and/OR One Dedicated server. The categories that DO NOT qualify for Free 24 Hours Trials are: Cpanel Servers, Application Servers, AND other value added services OR Add on configurations to the basic Servers.

Upgrade Fees



Upgrades ordered on the billing start date will be billed for a full month service and will continue each month on the start date. Upgrades ordered after the normal billing start date will be pro-rated to the next billing date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing billing due date. Please note Servers and Services are not eligible for downgrades.

Additional Service Fees



Additional services ordered on the billing start date will be billed for the full month service and will continue each month on the billing start date. Additional services ordered after the normal billing start date will be pro-rated to the next billing start date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing billing start date.

One Time Fees



One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Service Credits



Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

Cancellation



If for any reason you would like to cancel your service, please login to the Control Panel at www.datasoft.ws and click on the Cancel Request link on the left hand side of the screen. Account cancellations are effective at the end of your current billing period. You must put in your cancel request atelast 7 days before your next billing date. Failure to supply the advanced notice of cancellation will result in a full billable monthly cycle prior to cancellation. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

100% Money Back Guarantee



Our aim is to keep our customers happy. If server has any issue, please let us know we will fix it or give you another server. If the issue you are facing is because of the server , we offer 100% Money Back Guarantee, if we can not fix the issue. You have a month to month service agreement server from us. We don't collect any deposit nor do we ask for any yearly contracts. It costs us more than $100 to setup a server for you. So we cannot extend any early cancellations for servers, when and if the server assigned to you has no issues. More over we are also giving 5 days FREE trial to all our customers without taking any payment from them. Thus giving you a chance to test our Service first without any payment. So, If you need to stop server, it can be stopped only on next due date. Please open a cancellation service for your server if you want us to stop the server. Again, if server has any issues, please let us know, we will fix issue or assign you another server. If we can not fix issue, we offer 100% Money Back Guarantee

Refunds & Disputes



All services rendered by Datasoft Networks are non-refundable. Customers seeking to resolve billing errors are instructed to open a billing ticket at www.datasoft.ws. All Payments are paid for a period of time Monthly, Quaterly, Half yearly or yearly. No partial refund is possible even if service is stopped ahead of next due date. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

Non-Payment



All payments are due in full 5 days ahead of billing start date. Failure to remit payment for services atleast by the billign start date is a violation of the TOS. Failure to remit payment for five (3) consecutive days, following the billing start date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (5) consecutive days, following the billing start date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of 10% will be incurred for failure to remit payment for services on or before the monthly billing start date. A $25 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (5) days of non-payment will be destroyed for security and privacy reasons.

SPAM and Unsolicited Commercial Email (UCE)



Datasoft Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network. Very simply this means that customers of Datasoft Networks may not use or permit others to use the network to transact in UCE. Customers of Datasoft Networks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
Violation of Datasoft Networks's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Datasoft Networks will initiate an immediate investigation (within 2 hours of notification). During the investigation, Datasoft Networks may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Datasoft Networks may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, Datasoft Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Datasoft Networks will notify law enforcement officials if the violation is believed to be a criminal offense. If Customer is found to be in violation of our SPAM policy, Customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Bandwidth Usage



As part of our continuing effort to provide the best experience to all of our customers, Datasoft has created this Fair Use Policy for Internet Bandiwdth. This Fair Use Policy states important requirements regarding your use of the Internet Bandwidth Usage in your Servers. Datasoft Server Plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows. Internet Bandwidth use is unlimited as long as, it is used as an integral part of your server, you are not intentionally abusing the service by using excessive bandwidth, you are not violating our terms and conditions, and you are not impeding our capability to provide other users with unlimited Bandwidth. In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth your server is consuming. Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth limits. We'll take care of these sorts of issues so you can concentrate on growing your business. If, however, you are attempting to take advantage of the service by distributing large files or streaming excessive video or hosting torrents or something similar or hacking/spamming, then we will request that you cease doing so or shutdown your server until issue is solved. Also please note that by unlimited Bandiwtdh, you are sharing 1000 mbps bandwidth with other 48 servers in each CISCO Switch. If you need 100 mbps dedicated bandwidth, it will cost $50 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps bandiwdth with other 48 servers. If you need 100 mbps dedicated bandwidth, it will cost $50 extra rent per month.

Cloud Server Bandiwdth, CPU, Memory and Drive Usage



For all types of Cloud Server, CPU/Memory/Drive Usage is limited to an average of 50-60%. You can use 100% CPU/Memory/Drive for short Intervals, but not continuously. If you need to use 100% CPU/Memory/Drive continuosly, Please change to Dedicated Servers. Also please note that by unlimited Bandwitdh, you are sharing 1000 mbps bandiwdth with other 48 servers in each CISCO Switch. If you need 100 mbps dedicated bandwidth, it will cost $50 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps bandwidth with other 48 servers. If you need 100 mbps dediacted bandwidth, it will cost $50 extra rent per month.

IP Usage



Most services are offered with one designated Public IP. Customers are entitled to use only this IP unless they buy additional IP for $5/M extra. If any other IP is used accidently or intentially, all the services offerd to that custoerm will be stopped right away and a fine of $100 fine will be imposed. Service won't be enabled until fine is paid and the IP usage is stopped.

System and Network Security



Users are prohibited from violating or attempting to violate the security of the Datasoft Networks Network. Violations of system or network security may result in civil or criminal liability. Datasoft Networks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation: accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. If Customer is found to be in violation of our System and Network Security policy, Datasoft Networks may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Suspension of Service



Datasoft Networks reserves the right to terminate or suspend network member access to any Customer if in the judgment of the Datasoft Networks network administrators that the Customer's website is the source or target of a network attack or is found to be in violation of any of the other terms of the AUP or TOS or for any other reason which Datasoft Networks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's account was suspended. If Customer is found to be in violation of any Datasoft Networks policy, Datasoft Networks may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behavior of any sort will not be tolerated and will be grounds for termination. Datasoft Networks has the right to deny an order or service renewal for any reason Datasoft Networks chooses.

Data



Datasoft Networks agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.

Data Backup and Restore



User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Datasoft and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Datasoft shall not be liable for any damages arising from such causes and damage of Data. It is customers duty to secure Data and take regular Daily backup of data.

Chargebacks and Fraudulent Transactions



All chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action toward you. Your credit rating can be affected by false claims of fraud. If you have any questions or concerns, please contact us to clarify the matter.

Identity Use



Customer agrees to use Datasoft Networks logo, Datasoft Networks information, and related services in accordance to the approved marketing guidelines. Datasoft Networks agrees not to use Customer name, logos, or information without prior written consent of Customer.

Laws



Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in St Louis, Missouri, United States of America. Proper venue for legal remedies shall be Orange St Louis, Missouri, Florida. All contract terms found herein shall be governed by Missouri State Law or the Uniform Commercial Code whichever may be applicable.

Mutual Indemnification



Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability



Except as described in the SLA, Datasoft Networks shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of Datasoft Networks and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the (6) months prior to the occurrence of the event(s) giving rise to the claim.

Arbitration



Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator shall be final and binding on the parties and may be entered in any court having valid jurisdiction.



Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

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