Terms of Service

Use of DataBeyond Service constitutes acceptance and agreement to the Acceptable Usage Policy (AUP) as well as the Terms of Service (TOS). DataBeyond reserves the right to revise, amend, or modify the AUP, TOS, and our other policies and agreements at any given time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of DataBeyond services and associated clients/referrals, must comply with our AUP and TOS.

Important Notice:

Use of DataBeyond service constitutes acceptance and agreement to the AUP and TOS. Any use of DataBeyond service is subject to the provisions of this contract and all terms of associated policies. This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of Florida. Use of DataBeyond services constitutes an acceptance of the State of Florida as proper venue for all disputes.

This document is intended to provide a basic understanding of our TOS. The following are guidelines for the establishment and enforcement of our TOS. If an account violates this TOS or our AUP, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action although, based on the nature of the violation, can still result in immediate termination of service.

Payments and Billing:

Payment: Establishment of this service is dependent upon receipt of the stated charges by DataBeyond. Unless otherwise noted, payments will be collected on a monthly basis as per billing cycle of the account(s) or service. All payments to DataBeyond are non-refundable. All payments received by DataBeyond from clients, customers, and subscribers are non-refundable.

Service Rates: Subscriber acknowledges receipt of the nature of the service provided and the initial rates and charges by DataBeyond. Subscriber is aware that DataBeyond may change the specified rates and charges from time to time in the sole discretion of DataBeyond and without previous notice to its subscribers and customers.

Payment Failure & Associated Fees: DataBeyond may, in its sole discretion, temporarily deny service or terminate this agreement upon the failure of subscriber to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees or other fees as imposed by this Agreement.

For Shared Hosting accounts, customers must complete payments by the specified due date. If this is not met, the account will still remain active for 5 days. After 5 days, the customer must then pay for the hosting package or the account will be suspended. If the account remains in suspension for 5 days, the account will be terminated. Service interrupted for non-payment is subject to an additional $10.00 reconnection charge. Service will only be reconnected upon receipt of all amounts due.

For Non-Shared Hosting accounts, such as Colocation or Dedicated server customers, an invoice will be provided to you. Payment is due on the invoice date and must be paid in full. After 5 days, if the invoice is not paid in full, your account will be suspended and any physical or connected machines will be disconnected on our end, discontinuing service. If service is still not paid for by 5 days after the invoice date than the offending account will be disconnected entirely. Dedicated machines will be reformatted and colocation customers must arrange to retrieve their hardware and machinery. Service interrupted for non-payment is subject to an additional $10.00 reconnection charge. Service will only be reconnected upon receipt of all amounts due.

Credit Cards: Choosing to pay by credit card authorizes DataBeyond to bill your card when invoices are sent. Credit cards that are declined for any reason are subject to a $1.00 reprocessing fee.

Refund and Disputes: All billing disputes must be reported within 5 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DataBeyond's sole discretion is a valid charge under the provisions of this Agreement, your account will be charged an "Administrative Fee" of not less than $50.

Domain Names: DataBeyond is not a domain registrar. It is the sole responsibility of the subscriber to verify/set their domain to our name servers. Domains take 24/48 hours to propagate and we are not responsible for lack of said access to services during this period. Subscribers who recieve domain names through any bundled package, feature, promotion, giveaway, or any other service DataBeyond offers, do not own their domain name. DataBeyond offers domains as bundled with packages and will release them after they have been active for over 1 year. Subscribers who would like to transfer their domain names, before the maturity date, must pay the full price of the domain when it was created.

Game Server Refunds: We do not issue refunds for game servers. We make no claim to third party functionality and do not provide troubleshooting and support thereof we simply provide hosting of said product.

Account Cancellation: If a customer cancels service for any reason, all charges for that period are considered earned for all tasks and services DataBeyond is to perform. Requests for canceling accounts must be submitted from within our support center. All other forms of notice will not constitute acceptance of any cancellation. All cancellations must be submitted by the 25th day of the preceeding month. Your account will be terminated the day we receive your cancellation request unless otherwise requested. If a payment method is declined or APP (Automated Payment) is cancelled and you do not contact us with in 7 business days we will terminate your account.

Collections: Accounts that are not collectable by DataBeyond may be turned over to an outside collection agency for collection. If your account is turned over for collection, you hereby agree to pay DataBeyond, or parent company A to Z Integrated Networks, a "Processing and Collection" fee of not less than $100.

Support & Guidelines:

DataBeyond provides support related to your server or virtual site physical functioning.

DataBeyond does not offer tech support for application specific issues or any other software issue, unless it is included in our services, i.e. C-Panel.

DataBeyond does not provide technical support for DataBeyond subscriber third party customers or subscribers.

DataBeyond encourages subscribers to contact support for assistance. If the internet is accessible to you and you have other questions, please refer to our web site.

Internet Protocol Address Ownership: The right to use any IP address assigned to a subscriber or customer shall belong only to DataBeyond, and the subscriber or customer shall have no right to use that IP address except as permitted by DataBeyond. DataBeyond shall maintain and control ownership of all IP numbers and addresses, and DataBeyond reserves the right to change or remove any and all such IP numbers and addresses. DataBeyond recommends using name-based hosting, as opposed to IP addresses, and will periodically review IP address usage. If DataBeyond finds that clients are not using name-based hosting whenever possible, but IP addresses instead, DataBeyond may revoke authorization to use those IP addresses.

Bandwidth and Disk Allocation: DataBeyond will monitor customer bandwidth and disk usage, and shall have the right to interrupt or terminate service if a subscriber or customer's bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all services, or termination of this agreement. If DataBeyond takes any corrective action under this section, customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Spam and Unsolicited Email: DataBeyond takes a zero tolerance approach to the sending of unsolicited ads or e-mails (Spam) over our network or affiliated networks.

When an alleged violation of our spam policy is reported, DataBeyond:

Will initiate an immediate investigation, within 48 hours.

May restrict customer access to the network to prevent further violations.

May restrict, suspend or terminate customer account(s).

Will immediately remove any subscriber or customer hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various spam databases.

System Security: Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the DataBeyond servers, system, or network. DataBeyond will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations. By using DataBeyond services and systems, subscribers and customers agree not to:

Access data, or log into a server or account, which such User is not authorized to access.

Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.

Attempt to interfere with service to any user, host or network, including, without limitation, overloading, flooding, mail bombing, or crashing.

Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Take any action in order to obtain services to which such User is not entitled.

Violation of Policies: If inappropriate activity is detected, all accounts of the subscriber or customer in question will be deactivated until an investigation is complete. DataBeyond does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network. Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this agreement:

An e-mail, warning them of the violation.

Service may be subject to a temporary suspension pending a subscriber or customers written agreement to refrain from any further violations.

Immediate suspension or termination of service without further notice.

DataBeyond reserves the right, to drop any section of IP space involved in any violation of this agreement if it appears that the offending activity is causing harm to parties on the Internet. In addition to the above actions, any violation of this agreement will result in a fee of $200 charged to the account of the subscriber. Any further violation will result in a fee of $500 and immediate termination of the account. Subscribers and customers who violate this policy agree that in addition to these penalties, they will pay $150 per hour that DataBeyond personnel must spend to investigate and correct the matter. DataBeyond reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

Suspension of Service or Cancellation: DataBeyond reserves the right to suspend network access to any customer if, in the sole judgment of DataBeyond, the customer's server is the source or target of the violation of any of the other terms of the DataBeyond TOS, or for any other reason which DataBeyond chooses. Prior notification to the customer is not assured.

Uncontrolled Interruptions of Service: Subscriber acknowledges that the services provided by DataBeyond can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Indemnification: By agreeing to the DataBeyond TOS, and/or using DataBeyond services, subscribers and customers agree to indemnify DataBeyond for any violation that results in a loss to DataBeyond or the bringing of any claim against DataBeyond by any third-party, including any damages of DataBeyond, any awards against DataBeyond, plus all costs and attorney fees.

Sub-Networks and Resellers of DataBeyond Services: The subscriber agreement and customer policy must be followed by all sub-Networks, resellers and managed servers of DataBeyond services. Failure to follow any term or condition will be grounds for immediate cancellation of all DataBeyond services. You are responsible for insuring the actions of your clients do not violate these Terms of Service. DataBeyond recommends that you implement similar or stricter Terms of Service to control your clients and prevent violations of DataBeyond terms.

Responsibility for Content: DataBeyond is not responsible for the material input by others and not posted to the DataBeyond network by DataBeyond. DataBeyond is not responsible for the content of websites linked to the DataBeyond network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as a DataBeyond subscriber and customer, are solely responsible for the content stored on and served by your DataBeyond server.

Disclosure to Law Enforcement: The DataBeyond AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition DataBeyond shall have the right to terminate all service set forth in this Agreement.

Waiver: A waiver by the Company of, or failure to act on, any breach of any provision of this Subscriber Agreement or Customer Policy shall not operate as, or be construed as, a continuing or subsequent waiver of any other breach of any provision thereof, or as a waiver of any legal right or remedy.

Transfer or Assignment: Subscriber shall not transfer or assign this agreement without the prior written consent of DataBeyond. DataBeyond may assign agreement at anytime without consent from or notice to subscriber. DataBeyond reserves the right to cancel customer rights under this contract at anytime without further obligation.

Captions: DataBeyond uses the captions in this agreement for convenience only and shall not be considered a part hereof or affect the construction or interpretation of any provision of this agreement.