This agreement
documents the terms of service for web accounts provided by Dayo Web Hosting to the account holder.
1. The account holder is responsible for the
actions of account users.
2. Any use which interferes with the
server's ability to function in its primary purpose of publishing web
documents is prohibited.
3. Mail abuse (including, but not limited
to, mass mailing unsolicited email and email forgery) and usenet news abuse
(including, but not limited to, mass crossposting articles and posting
unrelated to group topics), whether direct or indirect, whether used
externally to promote a site at Dayo Web Hosting or sent via Dayo's mail
server, is prohibited.
4. Use of Dayo Web Hosting's facilities to
provide software or lists for mass mailing unsolicited email is prohibited.
5. Use of Dayo Web Hosting's facilities to
commit network abuse (including, but not limited to, denial of service
attacks such as ping bombing, email bombing, "smurf", "winnuke", "land",
"teardrop", etc.) or otherwise compromise the security of hosts or networks
is prohibited.
6. All data stored or transmitted must be
legal under all applicable US laws. The account holder is solely responsible
for determining the legality of their data which is stored or transmitted.
7. Should the account holder become the
target of a network attack, Dayo Web Hosting reserves the right to take
any necessary actions (including, but not limited to, temporary suspension
of the account holder's account) required to return server or network
operation to normal.
8. Dayo Web Hosting will use its best
efforts to maintain, but does not guarantee, the privacy of email, network
use, and the contents of user directories.
9. Use of Dayo Web Hosting services,
including the storage of information, is at the account holder's sole risk.
Dayo Web Hosting does not warrant either the results to be obtained from
the service or that the service will be uninterrupted or error free.
Dayo Web Hosting's services are provided on an "as is" basis without
warranties of any kind, either express or implied. Neither Dayo Inc. nor anyone else involved in creating, producing, or delivering
Dayo Web Hosting services shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of the use of
Dayo Web Hosting, the inability to use Dayo Web Hosting, or any breach
of any warranty. The provisions of this paragraph will survive termination
of this agreement.
10. The account holder will indemnify and
hold harmless Dayo Web Hosting against any loss, damage, cost and expense
which Dayo Web Hosting may incur or become liable for by reason of claims
or actions for libel, violation of privacy rights, plagiarism, copyright
infringement, trademark or trade name infringement, domain name disputes,
and claims arising in connection with data transmitted pursuant to the terms
and provisions of this agreement and any claims or suits resulting from the
account holder's use of the service including, without limitation, the
expense and cost of defending any and all such claims and actions, except
where such claims result solely from the negligence of Dayo Web Hosting's
failure to perform its obligations under this agreement. The provisions of
this paragraph shall survive termination of this agreement.
11. If Dayo Web Hosting is informed of an
alleged copyright or trademark infringement involving an account, Dayo Inc. will attempt to notify the account holder of those allegations and
secure a response. Dayo Web Hosting may, in its sole discretion, remove or
terminate the account containing, on a temporary or permanent basis,
materials which Dayo Web Hosting believes may create, constitute, or
contribute to copyright or trademark infringements. Account holder expressly
waives the right to assert any claims against Dayo Web Hosting for any
such removal or termination. To inform Dayo Web Hosting of a possible
infringement please send an email to Webmaster @ dayo.net .
12. Accounts are invoiced annually or monthly. Payment
is due when invoiced. Overdue
accounts may be terminated or suspended at Dayo Web Hosting's
discretion.
13. Dayo Web Hosting may terminate service
to the subscriber at any time, without notice, for violation of this
agreement. Dayo Web Hosting will not be liable for any damages or harm to
the account holder resulting from such termination.
14. The account holder may terminate their
account at any time. The account holder may send cancellation request via an email
message to webmaster @ dayo.net , by postal mail or by fax.
15. Use of a Dayo Web Hosting account
indicates acceptance of the terms of this agreement by the account holder.
16. This agreement shall be governed by and
construed in accordance with the laws of Florida. This agreement contains
the full understanding of the parties with respect to the subject matter
hereof. Any email correspondence with the account holder which is in any way
inconsistent with, or which adds to, the provisions of this agreement is
null and void.