Managed Solutions
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DTSLeech.com provides servers to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of DTSLeech.com are subject to the following terms of service:
Indemnification Policy:
You agree to use all DTSLeech.com services and facilities at your own risk. DTSLeech.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall DTSLeech.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold DTSLeech.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DTSLeech.com, its agents, its customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DTSLeech.com against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with DTSLeech.com's server.
DTSLeech.com shall not be held liable for any materials supplied by customer infringing or allegedly infringing on the proprietary rights of a third party. DTSLeech.com shall be the sole judge of what violates this Policy.
Personal Information:
The Customer agrees to provide accurate information when registering. Customer may modify its personal information through the client area. The customer shall keep this information current.
Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. Once an order has been accepted by DTSLeech.com the order is nonrefundable, except for reasons of defect, in which case a replace product will be provided. An order has been accepted once DTSLeech.com has received confirmation of payment from one of the accepted payment methods.
We accept PayPal, Google Checkout, Amazon Checkout, Payza (Formerly AlertPay), and BitPay (Bitcoins). Their are no contract periods, but for each successive period your contract is automatically renewed unless we are notified otherwise. Cancellations of service must be made in the client area at least three (3) days prior to the end of the current period. A $5.00 USD fee may be assessed for cancellations within the three (3) days period. If a subscription has been set up through one of the accepted payment methods for DTSLeech.com, and the subscription is cancelled, this will be considered a pending cancellation on the server. If payment is not manually made by 00:00 AM Eastern Standard Time of the date due, the server will be cancelled. DTSLeech.com is in no way responsible for data lost due to cancellation of a server.
Delivery:
DTSLeech.com will attempt to deliver Customer's server details via electronic mail within one (1) hour of payment confirmation from one of the accepted payment methods. This is not a guaranteed delivery time, and during peak order periods delivery may take up to seventy-two (72) hours. If after seventy-two (72) hours delivery has not been made DTSLeech.com may contact Customer to give an estimated delivery time based on the current amount of pending orders at the time of communication as well as the expected delivery of new stock from DTSLeech.com's distributors. Under extreme circumstances delivery of Customer's server details via electronic mail may take up to seven (7) days. No refunds will be given for the sole reason of extended delivery time or unexpected delays in delivery without the express permission of DTSLeech.com.
Chargebacks and Fraudulent Payments:
Chargebacks will result in the immediate suspension of any and all accounts held by the credit card holder, PayPal account holder, Payza account holder, Google Checkout account holder, or Amazon Payments account holder issuing the chargeback, as well as in the immediate suspension of any and all services provided to the customer. There is a $25 administrative fee for any illegitimate chargebacks placed against DTSLeech.com. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation. Any Fraudulent Payments such as payments made using stolen funds are grounds for immediate account cancellation. Any payments placed on hold by a payment processor are grounds for immediate account cancellation.
Late Payments:
All accounts are billed according to the dates they were first activated on. Servers and other services will be automatically suspended at 00:00 AM EST the day of their due date if open invoices are not paid, and server may be terminated at any point after said suspension. If you do not pay for service renewal within 2 days of suspension, your account will be assessed a 15% late charge and your server will be terminated, if not already terminated. In order to have your service unsuspended, or to place an order for a new service after termination, all outstanding payments and assessed fees must be paid in full.
Referral/Affiliate Program:
Definitions:
1. "Account" means a record kept by DTSLeech.com of the Registered Participant's accrued balance of account credits by the Participant and any all data about the account that may be collected from the user or from third-parties. Each Account will have a unique account number assigned by DTSLeech.com.
2. "Good Standing" means the Participant (i) has registered, and accepted these Terms and Conditions, on DTSLeech.com, (ii) has not terminated his/her participation in the Referral/Affiliate Program, (iii) has not been determined by DTSLeech.com to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Referral/Affiliate credits in any way that is not consistent with the rules or intent of the Referral/Affiliate Program, and (v) is not in default under these Terms and Conditions.
3. "Registered Participant" means an individual adult who has registered himself/herself or his/her organization in the Referral/Affiliate Program.
4. "Referral/Affiliate Credits" or "Credits" represent a point value awarded to the Account, for Qualifying Referral/Affiliate Transactions, which may be redeemed by a Registered Participant for so long as the Registered Participant is in Good Standing. Referral/Affiliate Credits are, at all times, the property of DTSLeech.com.
5. "Qualifying Referral/Affiliate Transaction" means engaging in any specific actions offered by DTSLeech.com as a reward earning opportunity for which the participant receives Referral/Affiliate Credits.
Accruing Referral/Affiliate Credits:
For each potential customer you refer to DTSLeech.com that results in a dedicated box rental, you will receive a $2.00 Credit on your next months bill. For each referral resulting in a shared or semi-dedicated box rental you will receive a $1.00 Credit on your next months bill. For every month your referral stays with DTSLeech.com you will receive a $2.00 Credit for a dedicated rental and a $1.00 Credit for a shared or semi-dedicated rental on your next month's bill.
At the end of your current billing cycle any Credit you have accumulated during the current month will be automatically applied to your next due invoice. No excess credit will be provided in the form of monetary compensation. Your credit balance will be reset at the beginning of your next months billing cycle and under no circumstances will any credit balance be carried over to the following month. Credit balances are not redeemable for cash or any other form of currency; and have no fixed or ascertainable cash value. Credit balances may not be transferred to a third party(ies) and may not be aggregated from multiple accounts.
Eligibility to accrue additional Referral/Affiliate Credits is restricted to Accounts in Good Standing. If the Account ceases to be in Good Standing (other than as a result of the Participant voluntarily terminating participation in the program the Registered Participant has one (1) month from the date that the Account ceased to be in Good Standing to redeem Referral/Affiliate Credits, after which the Referral/Affiliate Credits will terminate and the Registered Participant will forfeit all accrued Referral/Affiliate Credits. If an Account ceases to be in Good Standing as a result of a violation Paragraph 2 (iii) herein ( a Participant been determined by DTSLeech.com to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Referral/Affiliate Credits in any way that is not consistent with the rules or intent of the Referral/Affiliate Program) DTSLeech.com shall, in its sole discretion, have the right to immediately terminate the account and invalidate all Referral/Affiliate Credits accrued in that Account and any affiliated Accounts immediately
Acceptable Use Policy:
All services provided by DTSLeech.com must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DTSLeech.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Obscene content is prohibited on all DTSLeech.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service 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.
Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, and Warez is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
LIMITATION OF LIABILITY:
DTSLeech.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DTSLeech.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, DTSLeech.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DTSLeech.com servers. As any breach of this agreement may result in incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery, liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for a breach of contract, the breaching party agrees that any damages shall be limited to liquidated damages. Liquidated damages may be assessed and recovered by the injured party in the amount of the remaining period of the current service.
CHOICE OF LAW:
This agreement shall be construed according to the laws of the State of New York and constitute the entire understanding between the parties as of the commencement of the term of the agreement, and supersedes all prior agreements and understandings between the parties, and cannot be changed or terminated orally.
The parties consent to the exclusive jurisdiction and venue of courts in Schuyler County, New York in all disputes arising out of or relating to your use of DTSLeech or your DTSLeech Server.
DISCLAIMER:
DTSLeech.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by DTSLeech.com are resold. Thus, certain equipment, routing, software, and programming used by DTSLeech.com are not directly owned or written by DTSLeech.com. Moreover, DTSLeech.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as DTSLeech.com sees fit. FURTHERMORE, DTSLeech.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer at any time without notification.
