DNS USER MANAGER POLICIES
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Design Masters Net Services provides DNS services to many clients, and we have a responsibility to provide each and every client with the best possible service. The following guidelines have been established to insure this intent is met.
BY CLICKING ON "YES" AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN Design Masters Net Services DNS USER MANAGER ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- Subscriber: The Subscriber is defined as an individual who is accessing the Services. Subscribers may not have more than one account. Subscribers cannot share accounts. If a Subscriber has more than one account, Design Masters Net Services reserves the right to aggregate the Subscriber’s usage across all of his accounts for purposes of calculating accurate fees and usage charges.
- Term: The term of Subscriber subscription is effective as soon as the Subscriber begins using the Services. Design Masters Net Services shall endeavor to enable Subscriber to commence access to the Services (the "Access Date") as soon as possible. Notwithstanding the foregoing, Design Masters Net Services shall not be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason.
- Fees: Upon establishment of an account through submission of the Signup Form, the initial fees shall be due and payable and thereafter the other Fees applicable shall be due and payable in advance unless otherwise specifically provided in a written Quotation. Subscriber shall pay all applicable taxes relating to use of the Service by the Subscriber. Subscriber shall be responsible for all use of the Service accessed through Subscriber's account and will pay for all usage charges accrued there under whether or not they are authorized by the Subscriber. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify Design Masters Net Services. Subscriber will remain responsible for all charges to Subscriber's account until Design Masters Net Services is so notified and has had a reasonable opportunity to cancel access to the account. Any amounts not paid by Subscriber to Design Masters Net Services when due shall bear interest at the rate of 1.5% per month until paid in full and Design Masters Net Services may be obligated to suspend any services until all payments are made. In addition if any amount is not paid when due subscriber shall be responsible for Design Masters Net Services cost of collection including attorneys' fees and costs. Subscriber fees already assessed by Design Masters Net Services are NON-REFUNDABLE.
- DISCLAIMER OF WARANTEES: LIMITATION OF LIABILITY
- A: Design Masters Net Services shall endeavor to provide the Services in accordance with the standards of the industry. Design Masters Net Services will make a good faith adjustment to any amount paid or payable by the Subscriber for the use of the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond Design Masters Net Services's reasonable control; provided that Subscriber reports such problems to Design Masters Net Services immediately upon discovery and requests an adjustment within 5 business days of such failure. Notwithstanding any other provision of a written Quotation or these terms and conditions, in no event shall Design Masters Net Services's liability for any reason upon any cause of action in connection with this agreement, the Service or otherwise exceed the Most Recent Yearly Payment by Subscriber to Design Masters Net Services
- B: Subscriber acknowledges that Design Masters Net Services has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and Design Masters Net Services specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. Subscriber acknowledges that Design Masters Net Services shall not be liable or responsible for consequential damages, lost profits or other damages of any type or nature, even if Design Masters Net Services has been advised of such damages. Subscriber acknowledges that sole remedy for any such failure is set forth in the second sentence of paragraph 5A. Hereof Subscriber acknowledges that Design Masters Net Services does not monitor or review any of Subscriber's material (as hereafter defined); However, Subscriber acknowledges that Design Masters Net Services may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, Prevent Subscriber material from being accessible through the service; provided that Design Masters Net Services shall have no obligation to Prevent Such Access and no liability to Subscriber or any third party for Preventing Access To or failure to Prevent access to such material.
- Subscriber Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any material which Subscriber places on the service, permits to be placed on the service with or without Subscribers authority, or on the Internet and/or the Web through Design Masters Net Services's service, including Subscriber's domain name(s), ("Subscriber Material") will not 1) violate the rights of any 3rd party and will not give rise to any claim of such violation 2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls or 3) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like.
(B) Subscriber shall indemnify and hold Design Masters Net Services and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by subscribers of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms and Conditions.
(C) Subscriber agrees to comply with Design Masters Net Services's policies with respect to the Services, as such policies may be modified from time to time.
- Termination: Design Masters Net Services may terminate the term and Subscriber's right to use the service at any time without cause by sending notice to the Subscriber. Design Masters Net Services may Terminate the term and subscriber's right to use the service immediately without prior notice on a breach of the these Terms and Conditions by Subscriber. In addition, Subscriber may also terminate this Agreement by giving written notice to Design Masters Net Services and discontinuing use of the service. Terminations by subscriber will be effective 60 (sixty) days after the date on which Design Masters Net Services receives notice from the Subscriber and Subscriber will be liable for fees and charges set forth in the Subscriber selected subscription level through the termination date and any additional usage fees accrued through the termination date. No refunds will be given if the Subscriber cancels the Services, or if Design Masters Net Services cancels the Services due to a breach of these Terms and Conditions, and under no circumstances will any termination of this contract result in a refund exceeding the unused portion of any fees paid to Design Masters Net Services.
- Changes in Services, Terms and Conditions, and Fees. Design Masters Net Services may modify these Terms and Conditions or service prices and may discontinue or revise any and all other aspects of the service in Design Masters Net Services's sole discretion. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such thirty days period.
- Spamming: If our services are used for spam (unsolicited commercial email), and we receive complaints, then you will be required to stop spamming, and will be notified via email. If spamming continues, your service will then be canceled in accordance with our Terms & Conditions.
- Bandwidth Usage Fees: There is a bandwidth limitation per domain per year of 200 megabytes of total data transferred through our servers. Usage that counts towards your quota includes bytes transferred during DNS queries, delivery of parked home pages, delivery of URL forwarding information, and delivery of forwarded e-mails. If you do not use WebPark, WebForward and MailForward, then only DNS queries will count towards your total usage. If a single domain goes over 200 MB of transfer during a year, then it counts as TWO domains, if it goes over 400MB, then it counts as three, etc. Usually DNS hits are cached, so even the busiest sites won't go over the 200 MB limit. A typical site uses 5 MB per year of DNS bandwidth. There is no limit to the number of subdomains or records that your zone may contain. You will be charged for usage, if your usage exceeds the amount which you have been allocated. An invoice will be sent to your email address. If this invoice is not paid, then your account will be suspended until the usage fees are paid. Occasionally, at our discretion, we will give you the opportunity to reduce your usage of our service in order to meet your allocation in lieu of payment for the next higher allocation.
Design Masters Net Services cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Design Masters Net Services are resold. Thus, certain equipment, routing, software, and programming used by Design Masters Net Services are not directly owned nor written by Design Masters Net Services. Moreover, Design Masters Net Services holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to edit these policies without advance notice and reserve the right to remove any account without advanced notice for any reason Design Masters Net Services sees fit.