| Terms of Service |
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| Written by Weston Elliot | |
| Saturday, 05 April 2008 | |
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Modifications: DavaTech reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes DavaTech may reasonably make to this agreement when such changes are made. If you have purchased services or software from DavaTech, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You agree that you will be responsible for notifying DavaTech should you require to terminate your use of DavaTech's services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date. Privacy: DavaTech will not sell, distribute, reveal, or otherwise make available any customer information. We spend a great amount of time helping to prevent spam. Should we need to contact you directly regarding your specific account or service we will do so via email only. If you are a member of our forum, you may receive mailings from us, as required to receive server announcements. You are free to request to not receive forum notifications/emails at any time from within your user panel at our forum. Satisfaction Guaranteed: If for any reason you are unhappy with the services you receive from DavaTech during the first 30 days of service, you may request in writing via email that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Domain Names: In order for your domain name to point to the Surpass server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. DavaTech will take necessary steps to register new domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. DavaTech does not take responsibility for failing to renew domain names. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. At this time, DavaTech is not a domain name registerer meaning you can only register domain names through third party companies such as enom.com and modify their name servers to point to our servers. Payments: All payments will be charged to an approved credit card, debit card, or PayPal account. All hosting packages will be due for renewal each month. All hosting plans renew automatically and payments will incur unless you submit proper cancellation of your account. Late Payments: If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that DavaTech holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances. In the event that a client issues a chargeback or reversal of charges without first following the below cancellation policy, the customer will be responsible for a $50.00 billing service fee. Cancellations: All Hosting Accounts - If you wish to cancel your services, you must file your request via Email ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, we can not guarantee that you will not be charged for the proceeding month. You will then be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. If you cancel your account and your payments still continue for any reasons such as 1) by fault of DavaTech staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution. Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed. If, for any reason, DavaTech fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces DavaTech to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period. Overage Charges: Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed. Refunds / Account Termination: If, for any reason, DavaTech fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces DavaTech to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period. Content: DavaTech believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination. We prefer that you self-govern your content and remain responsible and all-knowing of the content your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if DavaTech is made aware of any questionable content on a DavaTech hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a DavaTech server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation. Liabilities: DavaTech makes no endorsement, claims, or promises
regarding the services offered by our customers and will not be held
liable for any disputes or claims against said customers. In no event
shall DavaTech be liable for any direct, indirect,
incidental, consequential, special and exemplary damages, or any
damages whatsoever, arising from the use or performance of a customer
web site or from any information, services or products provided through
a customer web site. If there is questionable content on any server in
our network, we will not take any action against any material or action
until the website is brought to our attention by emailing us at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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| Last Updated ( Monday, 05 January 2009 ) |
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