Demonbolt Hosting - Terms of Service
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Terms of Service

Overview

The use of services provided by Demonbolt Development Inc. (hereinafter “Demonbolt Hosting”, “Us”, “We”, or “Our”) constitutes agreement to the following Terms and Conditions.

These Terms and Conditions, along with the Privacy Policy, Cookie Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA) set forth the general rules and policies governing your use of our website and related services.

Interpretation & Definitions

The provisions of the Terms of Service Agreement are in no way exhaustive. Any conduct that violates laws, regulations, or the norms of internet use is prohibited. We reserve the right to limit or prohibit any of your activities that damage our reputation as it pertains to your use of our services.

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: Ontario, Canada.
  • Company (referred to either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Demonbolt Development Inc.
  • Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription bases by the Company to You.
  • Terms and Conditions (also referred as “Terms” or “Agreement”) mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Service.
  • Website refers to Demonbolt Hosting (accessible from https://demonbolthost.com) and the Demonbolt Hosting Client Area (accessible from https://my.demonbolthost.com).
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and other who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. We reserve the right to revise or amend any portion of these Terms and Conditions at any time and at Our sole discretion and without advance notice to You. Any changes will be effective when they are posted to the Website. Your continued use of the Service following any change in these Terms and Conditions will signify that You accept such changes. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy, Cookie Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA) of the Company.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for the purpose of facilitating the completion of Your Order.

Order Cancellation & Refund Policy

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order
  • Your details are flagged by our Anti-Fraud system as carrying a high risk

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized illegal transaction is suspected. We may, at our sole discretion, refuse or cancel Your Order for any reason.

Refund Policy

We understand that sometimes a service just isn’t for you. Therefore, upon the completion of an Order, You are granted with a seven (7) day timeframe to request a refund for any reason. After the seven (7) day period from the initial order date, no refunds will be given.

Some fees are non-refundable. These include, but are not limited to: setup fees, one-time fees, upgrade fees, additional service fees, add-ons, administrative fees, and late fees.

You will not be offered a refund or receive a refund after seven (7) days when:

  • You caused the downtime
  • You did not want to buy the service
  • You do not receive support

If Your Order is refused or cancelled as a result of a violation of these Terms and Conditions, no refund will be issued. If You have completed another Order with Us in the past six (6) months, You are not eligible for a refund.

All refunds must be requested by opening a ticket on our Website.

A chargeback or dispute of any payment, past or present, will result in immediate termination of all services, payment of any costs/fees associated with the chargeback, in addition to an administrative charge of no greater than fifty dollars ($50) and will be subject to collection by an authorized collection agency. You will be responsible for any fees and costs (including but not limited to: reasonable attorneys’ fees, court costs, and collection agency fees) incurred in enforcing collection.

Any funds You send to Us which are in excess of the amount owed for an Order can only be reimbursed in credit and is not eligible for a refund.

Availability, Errors, and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Renewals

On all plans, we enforce the following renewal, suspension, and termination policy:

  • An invoice will be generated 14 days prior to the due date.
  • If unpaid, the invoice will be marked overdue at 9:00 AM EST on the day after the due date.
  • At this point, the first overdue notice will be sent out via email.
  • Once overdue, affected services will be immediately suspended until payment is received.
  • After three (3) days of being overdue, the second overdue notice will be sent to You via email, and a ten percent (10%) late fee (with a one dollar ($1.00) minimum) added.
  • After five (5) days of being overdue, the third and final overdue notice will be sent out via email.
  • After fourteen (14) days, of being overdue, the affected services will be terminated, and data will be removed in accordance with these Terms and Conditions.
Reinstatement

Depending on the individual circumstances, We may be able to reinstate services after they have been terminated if the data has not yet been wiped. Please open a ticket immediately to enquire about this. We cannot and do not guarantee the reinstatement of terminated services in all cases.

This process is subject to an administrative fee of no greater than ten dollars ($10), which must be paid before the reinstatement of the terminated service.

Subscriptions

The Service of some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic bases (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

You may cancel Your Subscription renewal either through the Website or by contacting the Company via a support ticket. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the Terms and Conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Giveaways run for any of Our Goods or by Us are subject to the final decision of Demonbolt Hosting management. Prizes may be withdrawn at any time for any reason. This includes, but is not limited to, monetary prizes, services, or account credit.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, current, and true at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or action under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You with appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Your use of the Service and agreement to these Terms also constitutes agreement to the Acceptable Use Policy (AUP). Violation of the Acceptable Use Policy (AUP) may result in the immediate termination of your services.

Service Level Agreement (SLA)

We are committed to supplying web hosting services to our respective clients at 99.99% uptime at an efficient and professional level.

Your use of the Service and agreement to these Terms also constitutes agreement to the Service Level Agreement (SLA).

Please read the SLA carefully, as it dictates Our full uptime policy, how You can get compensated for downtime, and exclusions to the policy.

Overages

By default, We shall suspend Your services when Your account limits, including but not limited to disk space & bandwidth, are exhausted, unless prior arrangements are made to either upgrade Your plan, or bill You at an agreed cost. Such overages will be charged at a cost agreed upon by You and the Company.

Backups

We perform daily redundant backups of Our servers; however, these backups are for administrative purposes only, and are in no way guaranteed. We strongly encourage You to maintain Your own backups on their own personal computers. We do not provide any compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right, and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, policies, or practices of any third party websites or services. You further acknowledge that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If you wish to terminate Your Account, you may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or one hundred dollars ($100) if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Warranty

We make no express or implied warranties, including warranties of title, non-infringement, and warranties of merchantability or fitness for a particular purpose, regarding the Service, or any software or other material available through the Service, regardless of what You may have told Us about Your intended use of the Service. No advice or information (including but not limited to oral or written) given by Us or Our employees shall create a warranty or otherwise alter the provisions of this section. The service and any software provided to You is provided on an “as is, as available” basis; We do not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. We do not guarantee the security or back-up of any of Your data which may be stored on the service.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Demonbolt Development Inc.
Legal Department
Contact Email: [email protected]
Contact Phone: +1 (647) 696-2563

Last Updated: December 22, 2020