Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Datapack.net credit approval requirements, Datapack.net agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. Datapack.net may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Datapack.net to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Datapack.net will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in Euro. Customer is responsible for providing Datapack.net with changes to billing information (such as credit card expiration, change in billing address) at its option, Datapack.net may accrue charges to be made to a credit/debit card.
Datapack.net may suspend the service without notice if payment for the service is overdue. Customer agrees to pay Datapack.net reasonable reinstatement fee following a suspension of service for non-payment, and to pay Datapack.net reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Datapack.net may increase its fees at any time and at its sole discretion for services even within a current contract if there is any material change with respect to any service provided to Datapack.net by any local government, municipality, utility provider, bandwidth provider, or control panel operator.
Datapack.net may upgrade a customer’s hosting package to the next available package to maintain service if the customer exceeds their current package limits. Datapack.net will bill the customer for the upgrade.
Datapack.net DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Datapack.net DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Datapack.net AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Customer agrees that Datapack.net may suspend services to Customer without notice and without liability if: (i) Datapack.net reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Datapack.net reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Datapack.net reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Datapack.net fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Datapack.net prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from Datapack.net describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Customer agrees to maintain a current copy of all content hosted by Datapack.net notwithstanding any agreement by Datapack.net to provide back up services.
Upgrades and other changes in Datapack.net network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Datapack.net reserves the right to change its network in its commercially reasonable discretion, and Datapack.net shall not be liable for any resulting harm to Customer.
This Acceptable Use Policy (“AUP”) governs the use of Datapack.net web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Datapack.net regarding the interpretation of this AUP,Datapack.net interpretation, in its reasonable commercial judgment, shall govern.
You may not publish or transmit via Datapack.net service any content that Datapack.net reasonably believes:
Content “published or transmitted” via Datapack.net service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Datapack.net.
You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Datapack.net customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
All accounts are subject to the following restrictions on storage space usage:
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Datapack.net services.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
Datapack.net will terminate the service of repeat copyright infringers.
If you believe your copyright is being infringed by a person using the Datapack.net network, please send your notice of copyright infringement to abuse@datapack.net
You must have valid and current information on file with your domain name registrar for any domain hosted on the Datapack.net network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
Datapack.net guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99% of the time in any given calendar month.
If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
Datapack.net cannot guarantee 99% server uptime, but we can guarantee 99.9% network uptime in any given calendar month, for all VPS, Cloud Servers and Dedicated Servers.
If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
Datapack.net guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month.
If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The maximum credit available is one (1) month of service.
Credits are available only for future services/invoices and will not be issued as refunds.
All credit requests must be sent no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted – no exceptions.
The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled Maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.
Datapack.net SLA policy does NOT apply to services such as: Static IP Addresses, SSL Certificates, Domain Registrations or Domain Transfers.
We reserve the right to deny any credit request for any or no reason.
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices.
Information
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
If we send you an e-mail, we may include a marker that will allow identifying e-mail that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
We will not provide any personally identifiable information about you to any other person other than:
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
What is a Cookie
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customise your visit.
Security of Your Information
We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.
Children’s Privacy
Our service is not available to children under the age of 18, and we will not intentionally maintain information about anyone under the age of 13.
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