Terms of Service

Dataworld-Technology - Terms of Service (TOS)

There are no hidden fee’s so if you are searching for them in small print, just a head’s up.

Use of Dataworld-Technology’s Service constitutes acceptance and agreement to Dataworld-Technology’s AUP (Acceptable Use Policy) as well as Dataworld-Technology’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Dataworld-Technology, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Dataworld-Technology.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Dataworld-Technology, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Dataworld-Technology will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Dataworld-Technology any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.

5. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://dataworld-technology.com/. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

What may not be hosted on our network: (changed 19 April 2008)

Dataworld Technology Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material (physical or external link to) in violation of any applicable law or regulation is prohibited. This includes, but is not limited to:

- Copyrighted Software (WAREZ) *this does not include copyrighted software written by yourself. You may host your own software.
- Cracked Software
- Pirated Software
- Trojan / Virus Creation Information or Software
- Child pornography
- Credit Card Fraud Information
- Hackers Programs or Archives
- Prescription Drug Sales
- Material that is obscene, defamatory, constitutes an illegal threat, or violates the laws of the state of Florida or Alabama
- Keycode Generators (KEYGEN)
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio

No online pharmacies are allowed on our network.

Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.

In addition to "Materials" as of 19 April 2008 we no longer will host websites written in non supported languages (see below for a complete list of supported languages). This is not due to prejudice or opinions formed by anyone. This has to do with there are not sufficient translators to properly translate the words written. We have no means of verifying ABUSE reports and cannot have illegal activity going on because we are not able to see or understand what is written. Here is a complete list of current supported languages:

- ENGLISH
- SPANISH
- GERMAN
- FRENCH
- ITALIAN

If you are a current client and are effected by this change, you MUST change your website into one of the above listed languages no later than 1 June 2008. If any website is reported after 1 June 2008 that is in a non listed language, we reserve the right to immediately terminate the account without notice. If you do not wish to make this change, request a refund by submitting a support ticket to Billing Department. Any new clients that sign up effective 16 April 2008 MUST create their website in one of the above listed languages and are not covered under the above listed grandfather clause.

If you find any of the above materials hosted on one of our web servers, please report by filling out the form by CLICKING HERE.

In your report the following must be included:

1. Name and exact location of the file(s)

2. Reason the file(s) is/are being reported (must be specific especially in case of claiming a file is a virus)

Any general abuse reports will go unanswered therefore make your report as specific as possible so we can investigate. Multiple attempts of making general statements without proof or background of a website, will be considered SPAM and the offending IP will be banned from the server and all information will be reported to the offending IP for SPAMing.

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Network Uptime is the total time in a calendar month that Dataworld-Technology network is available through the Internet, provided that Client has established connectivity. Dataworld-Technology takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Dataworld-Technology’s Network as confirmed by Dataworld-Technology. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Dataworld-Technology scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

SLA Network Violation Credit

http://www.dataworld-technology.com/sla.shtml

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Dataworld-Technology’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to Dataworld-Technology. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:

Payment is due on the defined monthly/quarterly/semi-annual/annual recurring billing date of each monthly/quarterly/semi-annual/annual. If your account is suspended for non-payment and you wish to reinstate this service a $10.00 fee will be added. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted (suspended) immediately on accounts that reach overdue and terminated if 10 days past due. Services terminated for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date + 6 days will also subject to a $7.95 late fee. Accounts that are not collectable within 30 days of the due date by Dataworld-Technology will be "Blacklisted" from our service.

Account Transfers and Fees:

We only accept requests for hosting account transfers which are hosted on cPanel servers version 3 and above. cPanel account transfers are free for up to 10 accounts. Each cPanel account transfer over 10 will require a $1.00 fee per each account. Transfers are not guaranteed as remote server problems and other issues may render cPanel account transfer impossible. In such cases a refund will be made for any transfer fees paid.

In the event that data is missing in new account after transfer, Dataworld-Technology Inc. will not be held responsible for such data loss.

Delinquent Accounts:

Dataworld-Technology may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:

Should your reseller account become delinquent, and payment not made to Dataworld-Technology, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Dataworld-Technology billing department to resolve the issue will allow for the reseller's client to be able to purchase the service directly from us, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Dataworld-Technology responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:

All requests for canceling any service / services must be made in writing with at least 20 days notice but not more than 30 days prior for monthly payments and 60 days notice but not more then 90 days prior for any other payments written via email to sales@dataworld-technology.com Include your domain name, last name on credit card in your email.

Refunds and Disputes:

All payments to Dataworld-Technology are non refundable. This includes any setup fees, monthly fees, and yearly hosting fees regardless of usage. All billing disputes must be reported within 10 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Dataworld-Technology’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Pro-rated refunds are only issued in regards to upgrades and downgrades of an existing hosting/reseller plan. Payments made on a monthly or yearly basis after upgrade are still non refundable, however the customer is not obligated to continue their subscription past the month or year last paid for.

14 Day money back Guarantee:

All hosting plans come with a 14 day money back promise. If for whatever reason we fail to satisfy your needs and are within 14 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers and Domain name sales do not fall under this policy due to the labor involved in setting them up and also cost.

Dedicated Server Restore:

Dataworld-Technology is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Dataworld-Technology shall not be liable for loss of data under any circumstance.

Hardware replacement:

will occur within 1 - 8 hours of the reported problem, Dataworld-Technology will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@dataworld-technology.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*