Terms of Service

  1. Customer agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
  2. There is a per-plan one time, non-refundable setup fee of $49.95 for all data backup packages, and if the customer wishes to cancel Data and Storage shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their monthly term funds money promptly refunded.
  3. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the web panel. After the first thirty (30) days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
  4. “30-Day Money-Back Guarantee” offer only applicable to credit card or Google Checkout payments for shared data backup and VPS Hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any free domain registrations included with the plan) are not refundable under any circumstances and will be charged according to the current offering of domain name pricing. See domain registration agreement for more information.
  5. Violations of Data and Storage Terms of Service or Spam Policy may, at Data and Storage discretion, result in immediate and permanent disablement without refund.
  6. Disputed charges (“chargebacks”) associated with any Data and Storage account may, at Data and Storage discretion, result in immediate and permanent disablement.
  7. Violations of Data and Storage Legal Policies, Terms of Services or Agreements may result in additional penalties solely at Data and Storage discretion with immediate payment required, depending on the nature of the violations.

TAXES

  1. Data and StorageWeb Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Data and Storage Web Hosting server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

  1. Customer will provide Data and Storage Web Hosting Services with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Data and Storage Web Hosting. Data and Storage Web Hosting shall make no effort to validate this information for content, correctness or usability.
  2. Use of Data and Storage Web Hosting Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
  3. The following examples are offered:
    • Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP'ing Webspace contents, Graphics, text, Sound, image-mapping, etc.
    • CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C-Shell scripts, permissions, etc.
  4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Data and Storage Web Hosting to provide this knowledge or Customer Support outside of the defined service of Data and Storage Web Hosting.
  5. Servers are shared with other customers and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. Bit Torrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Data and Storage Web Hosting Services. If your processes are adversely affecting server performance disproportionately Data and Storage Web Hosting Services reserves the right to charge client additional fees and penalties to the Customer and/or the discontinuation of the offending processes.
  6. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
  7. All domain names registered through Data and Storage or its any of its owned website properties that are 'parked' or are otherwise not immediately associated with a Data and Storage hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Data and Storage.com. The Coming Soon web page may be modified at any time by Data and Storage without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Data and Storage .

SPACE AND BANDWIDTH/TRANSFER

  1. Data and Storage Web Hosting Services will exercise no control whatsoever over the content of the information passing through the network.
  2. The customer agrees to make use of Data and Storage Web Hosting Services primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose; Data and Storage Web Hosting Services are not intended as a data backup or archiving service.
  3. Data and Storage Web Hosting Services reserves the right to apply and charge additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion.
  4. Data and Storage Web Hosting Services reserves the right to apply and charge additional charges to subscriber if the subscriber or customer exceeds their allocated transfer bandwidth during any month, customer will automatically be billed at the rate of $1 per additional 10GB on a monthly basis.
  5. Data and Storage Web Hosting Services makes no warranties or representations of any kind, whether expressed or implied for the service's it is providing. Data and Storage will abide by all legal requirements, limitations and laws of the State of Tennessee and The United States of America.
  6. Data and Storage Web Hosting Services also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Data and Storage Web Hosting Services is at the Customer's own risk, and Data and Storage Web Hosting Services specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  7. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Data and Storage Web Hosting Services expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  8. Data and Storage Web Hosting Services specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Data and Storage Web Hosting Services may, at its option and at any time, reject this material, including but not limited to after it has been put on Data and Storage Web Hosting Services. Data and Storage Web Hosting Services agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Data and Storage Web Hosting Services. Customer must have current and up-to-date contact information provided to Data and Storage at all times. If the Customer fails to modify the material, as directed by Data and Storage Web Hosting Services, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the applicable trademarks, if any.
  2. Data and Storage is a registered trademark of Data and Storage Corporation. "Data and Storage" is not to be used without expressed written agreement and permission by Data and Storage Corporation and is subject to trademark laws.

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide current and up-dated telephone, computer, hardware and software equipment and services necessary to access Data and Storage Web Hosting Services.
  2. Data and Storage Web Hosting Services makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Data and Storage Web Hosting service.

Data and Storage DEDICATED SERVER STIPULATIONS

  1. Bandwidth and Power pricing and measurement frequency is subject to change at Data and Storage discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Data and Storage .
  2. Data and Storage is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Data and Storage Web Hosting Services, or Data and Storage upstream providers.
  3. Customer agrees that dedicated server payments are NONREFUNDABLE with no exceptions.
  4. Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by Data and Storage and shall incur an additional hourly labor fee of $150 USD as well as an increase to Customer's standard monthly rate.
  5. Data and Storage reserves the right to alter the dedicated server packages advertised on its website at its discretion. Data and Storage is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charges associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
  6. For managed dedicated servers using a "My Data and Storage Network View" monitoring option, Data and Storage is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of Windows Server that come installed with the server). Data and Storage may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
  7. For Colocation Services and unmanaged servers not using a "My Data and Storage Network View" monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
    1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
    2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.

Data and Storage is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Data and Storage reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Data and Storage Data Center and Carrier Network.

AGE

  1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

  1. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Data and Storage Web Hosting Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Data and Storage Web Hosting Services. All messages transmitted via Data and Storage Web Hosting Services should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
  2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Data and Storage or external computers and Denial of Service attacks of any kind.
  3. For more information on acceptable practices for bulk email, the use of copyrighted materials, trademarks, and more, please see our Legal page.

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. If Customer terminates prior to the end of the agreed upon terms and/or plan, Customer agrees to pay the remaining amount owned. Data and Storage Web Hosting will accept termination by electronic mail. Notwithstanding the above, Data and Storage Web Hosting may terminate service under this contract at any time, with penalties, solely at Data and Storage decision, if the Customer fails to comply with the terms of this contract, including non-payment. Data and Storage Web Hosting reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

  1. Customer expressly agrees that use of Data and Storage Web Hosting Services is at Customer's sole risk. Neither Data and Storage Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Data and Storage Web Hosting 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Data and Storage Web Hosting Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Data and Storage Web Hosting Services, its offices, agents or anyone else involved in creating, producing or distributing Data and Storage Web Hosting Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Data and Storage Web Hosting Server service; or that results 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 Data and Storage Web Hosting Services records, software, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Data and Storage Web Hosting Services.
  3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

  1. Customer may only use Data and Storage Web Hosting Services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Data and Storage Web Hosting Services. >
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Data and Storage Web Hosting Services for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Data and Storage . Any complaint we receive about a violation of this or the preceding two points will be taken very seriously will result in immediate account cancellation without a refund and additional penalties will apply.

LIMITED LIABILITY

  1. Customer agrees that it shall defend, indemnify, save and hold Data and Storage Web Hosting Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Data and Storage Web Hosting Services, its agents, its customers, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Data and Storage Web Hosting Services against Liabilities arising out of:
    • any injury to person or property caused by any products sold or otherwise distributed in connection with Data and Storage Web Hosting Services;
    • any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    • copyright and/or registration infringement;
    • any defective product which Customer sold on Data and Storage Web Hosting Servers.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of Data and Storage Web Hosting Services.

CONTRACT

These Terms and Conditions constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.