Where the context admits: “DBAHosting”, “We”, “Our” & “Us” includes DBAHosting subsiduary of DBADesign ltd, United Kingdom. DBAHosting is an online service.
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the DBAHosting Services. By using the DBAHosting Services, you agree to be bound by this Agreement.
You are only authorized to use the DBAHosting Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
DBAHosting may modify this Agreement from time to time and such modification shall be effective upon posting by DBAHosting on the DBAHosting Websites.
DBAHosting will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your contract with DBAHosting. You agree to be bound to any changes to this Agreement when you use the DBAHosting Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use Of The DBAHosting Services
You will not use the DBAHosting services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
Without limiting the foregoing, you will not use the DBAHosting services for any of the following activities:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- You may not transmit any chain letters or junk email. It is also a violation of these rules to use any information obtained from the DBAHosting Services in order to contact, advertise to, solicit, or sell without their prior explicit consent;
- any automated use of the system, such as using scripts to add friends or copy files;
- interfering with, disrupting, or creating an undue burden on the DBAHosting Services or the networks or services connected to the DBAHosting Services;
- using any information obtained from the DBAHosting Services in order to harass, abuse, or harm another person;
- using the DBAHosting Services in a manner inconsistent with any and all applicable laws and regulations;
- We shall use our reasonable endeavours to make available to you at all times the DBAHosting Services but we shall not, in any event, be liable for interruptions to or unavailability of the DBAHosting Services.
DBAHosting reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the DBAHosting Services at any time, with or without prior notice.
Content
DBAHosting does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you upload to the DBAHosting Services.
You represent and warrant that your uploading any Content to the DBAHosting Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the DBAHosting Services.
Without limiting the foregoing, you will not upload any Content to the DBAHosting Services which:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have uploaded without that person’s consent;
- you represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;
- Bit Torrent software and P2P protocol software is not permitted on our network. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
DBAHosting may delete from the DBAHosting Services any Content that in the sole judgment of DBAHosting violates this Agreement or which We deem inappropriate.
DBAHosting assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the DBAHosting Services.
You are solely responsible for the Content that you upload to the DBAHosting Services, DBAHosting does not endorse and has no control over the Content. Content is not necessarily reviewed by DBAHosting.
DBAHosting Reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed.
DBAHosting assumes no responsibility for monitoring the DBAHosting Services for inappropriate Content or conduct. If at any time DBAHosting chooses, in its sole discretion, to monitor the DBAHosting Services, DBAHosting nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content. Our Web Hosting packages are intended for website content only and not for storage.
Fees
All charges payable by you for the DBAHosting Services shall be in accordance with the scale of charges and rates published from time to time by Us on Our web site, errors and omissions excepted and shall be due and payable in advance of provision of the DBAHosting Services.
We reserve the right to alter pricing including ceasing to offer elements of the DBAHosting Services free of charge at any time. DBAHosting will inform by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
Payment is due each Year
All fees for our services are due in advance to a refund under any other circumstances. Any refund will be issue to the same payment source used for the initial payment.
The renewal date for the contract shall be deemed to be one year following the advertised half price trial period. Privacy
Use of the DBAHosting Services is also governed by Our Privacy Policy, which is incorporated into this Agreement by this reference.
Indemnity
You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by you of this Agreement and any claim brought against Us by a third party resulting from the provision of the DBAHosting Services by Us to you and your use of the DBAHosting Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the DBAHosting Websites or through the DBAHosting Services causes DBAHosting to be liable to another.
Limitation of Liability
DBAHosting will not be responsible for any incorrect or inaccurate Content uploaded to the DBAHosting Websites or in connection with the DBAHosting Services, whether caused by Users of the DBAHosting Services or by any of the equipment or programming associated with or utilized in the DBAHosting Services.
DBAHosting is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the DBAHosting Services or combination thereof.
DBAHosting is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the DBAHosting Services.
DBAHosting is not responsible for the conduct, whether online or offline, of any User of the DBAHosting Services.
All conditions, terms, representations and warranties relating to the DBAHosting Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the DBAHosting Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.
In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Non-Waiver
Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
Law
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement
GDPR
Here at DBADesign we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.
