This Terms of Service Agreement (hereafter "Agreement" or "TOS") is entered into by and between Global Money Union Inc., doing business as NoDowntime Domains Corporation, (hereafter "NoDowntime.Domains") and you (hereafter the "Client") and is made effective as of the date of your use of NoDowntime.Domains website or the date of electronic acceptance.
The NoDowntime.Domains and the Client shall be collectively referred to as the Parties. The parties agree as follows:
Under this Agreement, the NoDowntime.Domains will provide Web Hosting, Monitoring, Automatic Failover Service, URL redirection and related services (hereafter "Services") to Client. By accepting this Agreement and using NoDowntime.Domains's Services, Client agrees to be bound by all the terms and conditions of this Agreement.
2. Provision of Services
NoDowntime.Domains agrees to provide Client with Services. NoDowntime.Domains reserves the right to change or modify the features of Client's service plan from time to time on 15 days written or e-mailed notice to Client. Client's continued use of NoDowntime.Domains's services after receipt of such a notice of modification shall constitute Client's acceptance of and agreement to be bound by the NoDowntime.Domains's modification of the terms and conditions of this Agreement.
3. Agreement Term
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the "Initial Term"). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
4. Termination without Cause
(a) Client may terminate this Agreement at any time, for any reason, by contacting NoDowntime.Domains, either by phone or e-mail, and requesting that Client's account be canceled. In the event of a cancellation, NoDowntime.Domains will not refund amounts already billed for the current monthly service period in which Client terminates the Agreement. Any amounts paid in advance by Client for future service terms following the current monthly service term will be promptly refunded by NoDowntime.Domains.
(b) NoDowntime.Domains may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client's primary website e-mail contact.
(c) If either Party terminates this Agreement, NoDowntime.Domains will back up all Client's current Website content, databases, and e-mail messages as an archive file, and send them to Client either as an attachment to an e-mail or via other file transfer process.
5. Termination for Cause
Client agrees to abide by the terms of this Agreement and by NoDowntime.Domains's general use policies as set forth in this Agreement, as those policies may exist from time to time. NoDowntime.Domains may change its use policies on 15 day written notice to Customer by e-mail message. Any violation by Client of the terms of this Agreement or of NoDowntime.Domains's general use policies shall be grounds for immediate termination of Client's account for cause. If NoDowntime.Domains terminates Client's account for a violation of this Agreement, NoDowntime.Domains shall not be required to refund any amounts billed for the billing period in which NoDowntime.Domains terminates Client's services.
6. Payment Terms
(a) The Client agrees to pay NoDowntime.Domains an amount (based on the actual costs of the Services defined on the NoDowntime.Domains website) for the NoDowntime.Domains' Services. NoDowntime.Domains reserves the right to change or modify its charges for Client's plan from time to time on 15 days notice written or e-mailed to Client. Client's continued use of NoDowntime.Domains's services after receipt of such a notice shall constitute Client's acceptance of and Agreement to be bound by the NoDowntime.Domains's modified charges for its services. Additional charges for add-on services not included in Client's plan will be made as mutually agreed upon.
(b) Service charges are payable in advance, on a monthly or annually basis. NoDowntime.Domains will invoice Client at the beginning of each payment period. NoDowntime.Domains will submit all invoices to Client by e-mail.
(c) Client agrees to be billed for all recurring and one-time charges for any Services ordered by Client and any fees owed to NoDowntime.Domains.
(d) Any charges for upgrading Client's current Hosting package, or performing add-on requests, will not be billed until the next invoice.
7. Refunds and Chargebacks
(a) Failover Shared Hosting and Failover Double Shared Hosting Services have a 30-Day Money Back Guarantee. The Client can try these Services out and if the Client is not satisfied, then can ask NoDowntime.Domains for a refund within 30 days from the payment date. If the client asks for a 30-Day Money Back Guarantee refund, then this must be asked properly, as is defined in the "Refunds and Chargebacks Method" section below.
(b) Domain name registration does not have a 30-Day Money Back Guarantee option and all other Services (except Failover Shared Hosting and Failover Double Shared Hosting) do not have a 30-Day Money Back Guarantee Option.
(c) REFUNDS AND CHARGEBACKS METHOD: IF THE CLIENT EVER FEELS THAT NODOWNTIME.DOMAINS INCORRECTLY CHARGED THE CLIENT'S CREDIT CARD OR THE CLIENT ASKS FOR A 30-DAY MONEY BACK GUARANTEE (FOR FAILOVER SHARED HOSTING AND/OR FAILOVER DOUBLE SHARED HOSTING SERVICES ONLY); THE CLIENT MUST CONTACT NODOWNTIME.DOMAINS THROUGH CUSTOMER SUPPORT AT http://nodowntime.domains/customersupport/ FOR A CORRECTION. IF THE CLIENT CHOOSES TO CONTACT THEIR CREDIT CARD COMPANY AND ISSUE A CHARGEBACK WITHOUT CONTACTING NODOWNTIME.DOMAINS AND THROUGH NODOWNTIME.DOMAINS, THEN THE CLIENT WILL BE RESPONSIBLE FOR A $50 PROCESSING FEE INVOICED TO THE CLIENT'S ACCOUNT. CLIENT ACCOUNTS THAT INITIATE A CHARGEBACK OUTSIDE OF NODOWNTIME.DOMAINS WILL BE IMMEDIATELY SUSPENDED.
TO REACTIVATE A CLIENT ACCOUNT SUSPENDED DUE TO A CHARGEBACK, THE CLIENT MUST REVERSE THE CHARGEBACK. REVERSING A CHARGEBACK IS DONE BY CONTACTING THE CLIENT'S BANK OR CREDIT CARD ISSUER AND REQUESTING THAT THE CHARGEBACK BE REVERSED. THE CHARGEBACK REVERSAL PROCESS CAN BE A TIMELY ONE AND THE CLIENT'S ACCOUNT WILL BE SUSPENDED UNTIL IT IS COMPLETED AND NODOWNTIME.DOMAINS IS NOTIFIED OF THE REVERSAL. A CLIENT'S ACCOUNT, DUE TO A CHARGEBACK, CANNOT BE REACTIVATED BY MAKING PAYMENT USING AN ALTERNATIVE PAYMENT METHOD.
NoDowntime.Domains shall not be liable for any taxes and other governmental fees related to purchases made by Client or from NoDowntime.Domains' server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by NoDowntime.Domains.
9. Materials and Products
Any material and data Client provides to NoDowntime.Domains in connection with Services shall be in a form requiring no additional manipulation on the part of NoDowntime.Domains. NoDowntime.Domains shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. NoDowntime.Domains, in its sole discretion, may reject material or data that Client has placed on NoDowntime.Domains's servers or that Client has requested that NoDowntime.Domains put on NoDowntime.Domains' servers. NoDowntime.Domains agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the NoDowntime.Domains's requirements. Client's failure to amend or modify the data or material as directed by NoDowntime.Domains within a reasonable time shall be a breach of this Agreement.
10. Electronic Mail Abuse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of e-mail) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person's permission is prohibited. NoDowntime.Domains's accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to $99.
11. Violations of Network Security
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client's agreement. NoDowntime.Domains will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any Client, NoDowntime.Domains or network, including, without limitation, via means of overloading, "flooding," "mail bombing," or "crashing".
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the Client is not entitled.
12. Warranty against Unlawful Use
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client's account for cause.
13. Liability; No Warranty; Limitation of Damages
(a) Client expressly agrees that use of Services provided by NoDowntime.Domains is at Client's sole risk.
(b) NoDowntime.Domains guarantees 100 percent uptime for its Web servers. If uptime for the Client's Web server falls below 100 percent during any given month (or specified other payment period), NoDowntime.Domains will credit the Client as defined in the Service Level Agreement (SLA).
(c) NoDowntime.Domains, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(d) NoDowntime.Domains, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to NoDowntime.Domains's records, programs, or services.
(e) NoDowntime.Domains will exercise no control over the content of the information passing through NoDowntime.Domains's network except those controls expressly provided herein.
(f) NoDowntime.Domains makes no warranties or representations of any kind, express or implied, for the services it is providing. NoDowntime.Domains also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
14. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to NoDowntime.Domains. These products and services are only for Client's use in connection with Services provided to Client as outlined in this Agreement.
(b) Client expressly warrants to the NoDowntime.Domains that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to NoDowntime.Domains servers.
15. Hardware, Equipment, and Software
Client is responsible for and must provide all phones, ISP services, computers, software, hardware, and other services necessary to access NoDowntime.Domains servers. NoDowntime.Domains makes no representations, warranties, or assurances that Client's equipment will be compatible with NoDowntime.Domains Services.
Client expressly represents and warrants that Client and any person to whom Client grants access to Client's NoDowntime.Domains account are at least 18 years of age.
Client agrees to defend, indemnify, and hold NoDowntime.Domains harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against NoDowntime.Domains, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client's agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless NoDowntime.Domains against liabilities arising out of:
(a) Any liability to NoDowntime.Domains arising by virtue of any use of NoDowntime.Domains's services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client;
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and
(e) Any defective product which Client sold or distributed by means of Services.
Client agrees that the liability limit of NoDowntime.Domains shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.
19. Attorneys' Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Client agrees to keep NoDowntime.Domains informed of all current contact information for Client's account. Changes in Client's account information may be reported to NoDowntime.Domains's website located at http://nodowntime.domains/customersupport/. Failure to maintain or keep current all contact information shall be a ground for NoDowntime.Domains to terminate Client's account for cause.
21. Governing Law
This Agreement has been entered into in the State of Delaware (USA), and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by NoDowntime.Domains of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
This Agreement shall constitute the entire agreement between Client and NoDowntime.Domains, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Simple Automatic Website Failover Service by NoDowntime.Domains!
We'll help you transfer your websites and domain names. We can transfer your entire site over (files and databases), free of charge. If your old host uses cPanel, we may be able to transfer emails as well.
100% Uptime SLA Agreement
NoDowntime.Domains guarantees 100% uptime backed by a Service Level Agreement (SLA). We use and maintain custom built IT solutions to make NoDowntime.Domains failover service 100% available. In the event that NoDowntime.Domains does not meet the foregoing commitment, our users will be eligible to receive a service credit.