This "Database Mart LLC" Terms of Service (this "Agreement") governs your purchase and use of all "Database Mart LLC" services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by "Database Mart LLC" ("Service Order"). You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. "Database Mart LLC" may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the "Database Mart LLC" web site (the "Site"). Your continued use of the Services following "Database Mart LLC" posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify "Database Mart LLC" of your termination of this Agreement in the manner described in the section below.
"Database Mart LLC" provides web hosting, domain name registration, SSL certificates and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
You agree not to misuse the "Database Mart LLC" services or help anyone else to do so. The following is a list of actions that will cause direct suspension/cancellation/termination of your service without the possibility of refund:
"Database Mart LLC" provides 24/7/365 technical support to our clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
Resellers are responsible for the conduct of their clients and by agreeing with this ToS and agree that their clients will adhere to the ToS. Resellers should make their perspective clients aware of the ToS and the consequences of violation.
We are not "HIPAA compliant." Clients are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Clients acknowledge that the services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. "Database Mart LLC" does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Clients requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that "Database Mart LLC" is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.
"Database Mart LLC" is required by Texas state law to charge an 8.25% sales and use tax from all of our Texas-based clients, including out of state and international companies who have subsidiaries located in Texas. All questions regarding this tax may be directed to the Texas State Comptroller of Public Accounts Office at http://comptroller.texas.gov/contact.php.
"Database Mart LLC" provides a 3-day grace period from the time the invoice is overdue and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% late fee. The 10% late fee is applied in addition to whatever else is owed to "Database Mart LLC" for services rendered.
All cancellations must be made 2 days before the new billing cycle to avoid new charges. You must notify us of a cancellation request a minimum of two (2) days prior to the new billing due date. It is required that you make a cancellation request in our billing system or submit a sales ticket or email to [email protected]. Please note on your request the date for the cancellation to be effective. Cancellations become effective when you receive the cancellation confirmation email from "Database Mart LLC". Please contact us with live chat or our ticket system if you do not receive the cancel confirmation within 2 business days. Please note if you make the cancellation after the required timeframe (which is 2 days prior to the new billing due date), you are not able to receive a refund.
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.
Promotional offers are offered periodically and are not valid after they are expired. If a customer upgrades or downgrades a service or services before or after a promotional offer expires, one is ineligible to return to the same promotional offer and will revert to the current rate.
When a new account or domain, as applicable, is registered with or transferred to "Database Mart LLC", the process requires and results in the creation of the following within the records of "Database Mart LLC", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
"Database Mart LLC" is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with "Database Mart LLC". By accessing "Database Mart LLC"'s system, registering, or using any of the services provided by "Database Mart LLC", the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with "Database Mart LLC" are subject to the terms and conditions of this section of these Terms.
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by "Database Mart LLC" or in an associated "Database Mart LLC" account. "Database Mart LLC" is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by "Database Mart LLC" or in an associated "Database Mart LLC" account, and, in "Database Mart LLC"'s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then "Database Mart LLC" will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves "Database Mart LLC" of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what "Database Mart LLC", in its sole judgment, deems to be a reasonable time, then "Database Mart LLC", at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Texas, file an interpleader action in a court of competent jurisdiction within the State of Texas for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse "Database Mart LLC" for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to "Database Mart LLC" under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
The form found here may be used to notify "Database Mart LLC" of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the billing system and account control panel must be changed by the Transferor or the Transferee. "Database Mart LLC" will not be liable for any inability to access the account due to a failure to release access information. Filing this form with "Database Mart LLC" does not guarantee any changes. "Database Mart LLC" reserves the right to accept or reject the request for any reason in its sole and absolute discretion.