The use of services provided by DMIT Incorporation (hereafter referred to as "DMIT") is subject to the following Terms and Conditions.
Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
- DMIT is the publisher and operator of www.dmit.io (the "Site") whereby DMIT makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
- When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to DMIT. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO DMIT SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.DMIT AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF DMIT SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
Incorporations by reference.
Although this Agreement represents the primary terms and conditions of service for DMIT Services, additional guidelines and rules are hereby incorporated by reference. You can browse all the legal documents at the following page:
Legal index page: https://www.dmit.io/legal/
1. REVISIONS TO USER AGREEMENT
This agreement contains the complete terms and conditions applicable to your use of dmit services ( as defined below ). Dmit may amend the terms of this agreement at any time, including fees ( see below for definitions ).
1.1 We can amend this agreement from time to time. We reserve the right to do so. you agree that we have this kind of unilateral right. You agree that all modifications or changes to this agreement will take effect immediately after publication and will be enforceable. The updated or edited version replaces any previous version immediately after its release and the previous version has no continuing legal effect unless the revised version specifically mentions the previous version and retains the previous version or part thereof in effect. If any amendment to this agreement is deemed invalid or invalid by any court, both parties intend to regard the previous valid version of this agreement as the maximum extent of validity and enforceability.
1.2 We agree that if we change anything in this agreement, we will change the " last revision date" at the top of this agreement. You agree to revisit this page regularly and use the " refresh" button on your browser when visiting. You agree to record the date of the last revision of the agreement. If the " last modified" date remains the same as when you last reviewed this agreement, then you can assume that nothing in this agreement has changed since you last read this agreement. If the " last modified" date has changed, then you can confirm that some contents of the agreement have changed.
1.3 If you wish to terminate this agreement due to any changes we have made, you must terminate this agreement in writing through the cancellation form within thirty (30) days after the above " last amendment" date. Your continued use of the service after the effective date of any such notification constitutes your acceptance of such changes.
1.4 Waiver - if you fail to review this agreement regularly to determine if there are any changes to the terms, you will assume full responsibility for such omissions and you agree that such failure does not constitute a positive waiver of the revised terms. We are not responsible for your neglect of your legitimate rights.
2. DURATION OF AGREEMENT AND CANCELLATION POLICY
2.1 The initial period should start after confirming your order or starting to provide services to you and receiving legal funds. The term will be chosen by you and will be indicated when ordering our service. Unless dmit defaults, this agreement shall not be terminated by you during the initial term ( and any renewal thereof ). After the initial period, this agreement will automatically continue for a continuous period equal to the initial period unless either party terminates or cancels in accordance with the provisions of this agreement.
2.2 Dmit may also terminate this agreement at any time at its discretion for any reason or no reason. ( " termination without cause" ). In this case, dmit will give you a written notice seven (7) days before the service interruption.
2.3 If dmit cancels this agreement in accordance with any of the terms outlined in this agreement, dmit shall not refund to you any fees paid or prepaid prior to the cancellation except for termination without cause under clause 2.2. you are obligated to pay all fees accumulated prior to the cancellation taking effect. If dmit terminates the agreement for some reason, all prepaid custody fees will be confiscated and will not be refunded. The termination of this agreement does not relieve you of your obligation to pay dmit any accrued or payable expenses. Io before the effective date of termination of this agreement.
2.4 In addition to DMIT right to terminate this Agreement provided elsewhere in this Agreement, DMIT may terminate this Agreement effective immediately if, based on DMIT sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in AUP page, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which DMIT considers illegal or high risk, in its discretion. (e) violated the service agreement of the relevant data center and telecommunications carrier. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon DMIT to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
2.5 If either party cancels or terminates this agreement for any reason, you shall be solely responsible for making all necessary arrangements to ensure the security of the replacement host and to transfer all electronic data, graphics, images, video or text to the new service provider. After the termination of this agreement, according to its nature, the clauses expected to remain valid after the termination shall remain valid and shall remain in full force and effect in accordance with its clauses.
3. ACCOUNT MANAGEMENT
3.1 When registering for the service, you will select login (email) and password. You can only use services or modify data and content through such user id and password. You are fully responsible for maintaining the confidentiality of your user id and password, as well as any and all activities carried out using these credentials. You agree to immediately notify us of any unauthorized use of your account or any other security violation you know.
3.2 You must provide us with a frequently checked main email address. All notices and correspondence between us will be sent to the email address you provided, so you need to keep this address up to date or notify us when your address changes. If any of your contacts and / or billing information changes, you should inform us so that we can update your account. You also have the responsibility to ensure our field, pay attention to it. DMIT.IO is not included in any spam blocking list used by you or your mail provider.
3.3 According to section 2 of this agreement, providing any kind of false or inaccurate contact information may result in the termination of your account.
3.4 You are responsible for all activities under your account. Therefore, we strongly recommend that you protect file, directory, and script permissions to the most stringent settings. You agree that you have the technical ability to operate the website correctly and that you are responsible for any operations performed under your account, including but not limited to damage to your website, dmit website and / or equipment, and any other websites.
3.5 As a customer, you should use your own real information to register. We have the right to check your information or request any evidence. Filling in false information will result in the termination of your account and will not be refunded.
3.6 Due to OFAC restrictions, we do not accept orders from the following countries:
Cuba, Iran, Lebanon, Libya, Myanmar (Burma), North Korea, Somalia, Sudan, Syria
3.7 Most of our services are unmanaged services, we can only guarantee the support ticket reply with 72 hours. unmanagement customers should pay attention to the situation when requesting support tickets to ensure that our resources are used reasonably, otherwise we have right to close your support account, but we don't want to do that. (a) Sending a large number of identical support orders in a round robin manner; (b) Use offensive language; (c) Send SPAM and advertisement.
3.8 DMIT system will try to identify the natural person/legal person during the account registration. These accounts will share the same limitations, such as refund, IP replacement, promotions policy, and affiliate program if we are sure that your account is registered by the same natural person/legal person who already has had an account or accounts in DMIT.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Between you and DMIT, DMIT acknowledges that it does not claim ownership of the content ( including but not limited to text, software, music, sound, audiovisual works, movies, photos, animations, videos and graphics ) you provide for your use on the website. You hereby grant DMIT a non-exclusive, global, royalty-free license for your own benefit and enable DMIT to fulfill its obligations under this agreement by copying, producing derivative works, displaying, executing, using, broadcasting, and transmitting your content on the internet.
4.2 DMIT may ( but is not obligated to ) provide you with certain materials related to the performance of the service, including but not limited to computer software ( object code or source code form ), data, documents or information developed or provided by dmit or its suppliers under this agreement, domain names, email addresses and other network addresses assigned to you, as well as other proprietary technologies, methods, equipment and processes ( " host materials" ) used by dmit to provide the service for you. In accordance with the terms and conditions of this agreement, dmit hereby grants you limited, revocable, non-transferable and non-exclusive license to use only host materials related to the service. This license will be terminated when this agreement is terminated. Between you and dmit, you acknowledge and agree that dmit has all rights, titles and interests, or otherwise obtained all licenses applicable to the host materials, as well as all copyrights, trade secrets, patents, trademarks and other intellectual property rights therein. After the termination of this agreement, any use of host materials has not been permitted and is strictly prohibited. You agree that you cannot upload, transmit, copy, distribute or use any host data obtained through the service in any way without dmit's express written permission.
4.3 This agreement does not constitute a license to use dmit trademarks, service marks or any other trademarks. Without dmit's prior written consent, it is strictly prohibited to use any trade name, service mark or any other trademark of dmit.
4.4 If we need the help of a lawyer or other person to collect any liquidated damages or any other amount of money from you, or if we need the help of a lawyer to seek injunctive relief against you, or if we need to submit ICANN complaints to you in order to transfer the offending URL from you to us, then you also agree that you will reimburse us for all expenses incurred to collect these liquidated damages or seek your injunctive relief, or to submit and prosecute ICANN complaints.
4.5 You know, even nominal damages may cost a lot of legal fees, travel expenses, legal fees and other expenses that may dwarf the liquidated damages. You agree that you will pay all these expenses.
5. DMCA Notice and Takedown Policy
DMIT.IO ("DMIT") implements the following DMCA Notice and Takedown Policy. DMIT respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, DMIT complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. DMIT's infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
6. Notice of Claimed Infringement
6.1 Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as DMIT, requesting that infringing material hosted on DMIT's servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). DMIT will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.
6.2 Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to DMIT's Designated Copyright Agent, containing the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on DMIT's servers (preferably including specific URL's associated with the material);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claimants may send their Notice of Claimed Infringement to:
Please do not send other queries or information to the agents we specify.
7. Takedown Policies and Procedures
DMIT implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, DMIT will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. DMIT reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of DMIT to terminate the account of repeat copyright infringers, when appropriate, and DMIT will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying DMIT of claimed copyright infringement is set forth in Section 7.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, DMIT shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when DMIT's Designated Agent receives a valid notice, DMIT will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. DMIT reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
8. Counter-Notification Procedures
If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
9.1 To initiate a counter-notification, the Recipient must submit to DMIT's Designated Copyright
Agent the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice.
- a description of where the material was located within DMIT or the Content before such material was removed and/or disabled (preferably including specific URL's associated with the material.)
a statement reflecting the Recipient's belief that the removal or disabling of the material was done so
erroneously. For convenience, the following language may be utilized:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
- a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
- the Recipient's physical address, telephone number, and email address.
Counter Notifications can be sent to:
Please do not send other queries or information to the agents we specify.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.
Within ten to fourteen (10-14) days from DMIT's receipt of a valid counter-notification, DMIT will replace or cease disabling access to the disputed material unless DMIT's Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on DMIT's system or network.
9. Service Provider Customers of DMIT
Some of DMIT's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, DMIT requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of DMIT's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
DMIT reserves the right to modify, alter or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
11. ZERO TOLERANCE SPAM POLICY
11.1 You agree to comply with DMIT's Anti-Spam Policy which may be found at https://www.dmit.io/legal/antispam/ and which is hereby incorporated by reference as an indispensable part of this Agreement. Use of DMIT's services for any illegal spam activities is strictly prohibited.
11.2 Dmit reserves the right to modify the anti-spam policy at any time by publishing the modified policy on its website. You agree to monitor dmit homepage to view any changes to anti-spam policies. You continue to use these services after the effective date of any changes to the anti-spam policy, which indicates that you intend to be bound by these changes.
12. BACKUP & DATA LOSS
12.1 You agree that Your use of DMIT's Services is at Your own risk, and that DMIT is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
12.2 Should you wish for DMIT to provide you with routine backup service, in addition to the Services provided under this Agreement please contact us.
13. RESOURCE USAGE & SECURITY
13.1 DMIT does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. DMIT will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
13.2 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to DMIT, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
13.3 SECURITY Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:
- Any form of unauthorized access to or use of data, systems or networks, including the Site and/or Services;
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
- Unauthorized interference with service to any user, host or network;
- Introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services;
- Circumventing user authentication or security of any host, network or account;
- Using an account with another provider to promote Your site with Us in an abusive manner.
- Utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site.
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your account per Section 2 of this Agreement.
13.4 BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific package
for which You sign up. If Your account exceeds Your monthly allowance, You can choose to reset, suspend, or
Please note: we still have the right to adjust the price without notice.
13.5 FAIR USE POLICY We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our DMIT Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
- Rate-limit the data the Client may send and/or receive from the individual machine to the entire solution level
- Adjust pricing to a standard bandwidth rate (market-dependent)
- Suspend or terminate Service to any or all Client machines
14. UPTIME GUARANTEE
14.1 DMIT will offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA were separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.
14.2 To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
14.3 At present, dmit is only able to provide 99% SLA. if the SLA is lower than 99%, you can get compensation for half month period. If the SLA lower than 95%, you can get compensation full month period. If the SLA lower than 90%, you can get compensation 2 month period.
15. PRICE CHANGE
The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed on DMIT.IO at any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if we terminate this agreement without cause pursuant to paragraph 2.2 of the Agreement, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. DMIT does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
16. NO WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. DMIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 11, DMIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DMIT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DMIT MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES ("THIRD-PARTY SERVICES"). DMIT HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.
DMIT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DMIT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON DMIT'S WEBSITE.
UNLESS OTHERWISE AGREED TO IN WRITING, DMIT DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.
17. LIMITATION ON LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL DMIT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL DMIT, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF DMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF DMIT AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO DMIT DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
18.1 Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow DMIT's cancellation procedure set forth in this Agreement.
18.2 Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
18.3 At the time of registration, You must select a payment method. DMIT reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, DMIT will charge You interest at one and three percent (3%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
18.4 You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. DMIT is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If DMIT should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, DMIT will invoice You for the difference between payment received and the Fees due.
18.5 You also agree to pay all attorney and collection fees arising from DMIT's efforts to collect any past due Fees. If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that DMIT will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees.
18.6 We will release discount codes from time to time. Discount codes only apply to new customers. At the same time, please note that we will issue discount codes to existing customers because of business compensation. if we find that you use a specific user discount code, we will suspend the service and refuse to refund. you can request to open the service after you have paid the full order.
18.7 You can transfer your products to any DMIT customer; However, DMIT does not take any responsibility for disputes and misoperation before and after the transfer process.
18.8 If you unilaterally initiate a dispute from the payment company under the premise of violating TOS, we will reserve the right to shut down your account.
18.9 If we receive the "unauthorized transaction" returned from the payment method, we will hand over some of your personal data (including name, IPs, payment information and server information) for verification by the payment gateway company.
19. Refund clause
We will not refund to the payment gateway under the following circumstances:
19.1 Three days after purchasing the service;
19.2 You used more than 10GB traffic on the VM;
19.3 Targed by (D)DoS;
19.4 The network is not good enough;
19.5 You already have a VM in the same location;
19.6 Any loss caused by any type of abuse;
19.7 IP geographic location reason;
19.8 IP is not available in some region but the service is already activated more than 24 hours. Please contect with our sales department once your IP is not globally accessible at the first time. (The same day you bought).
20. IP Replacement Policy
We will charge fee for replacement if the SSH/ICMP is reachable from all countries.
20.1 For the HKG Location:
- With IP Care+ Service: IP Replacement is available every 15 days.
- Without IP Care+ Service & Monthly Billing Cycle: IP Replacement costs 5.00 USD each time, 30 days between each replacement.
- Without IP Care+ Service & Non-Monthly Billing Cycle: IP Replacement is available every 30 days.
20.2 For the LAX & TYO Location:
- With IP Care+ Service: IP Replacement is available every 7 days. (You can ask for immediately replacement at anytime by 5.00 USD)
- Without IP Care+ Service & Monthly Billing Cycle: IP Replacement is available every 15 days. (The services need to be valid for more than 30 days).
- Without IP Care+ Service & Non-Monthly Billing Cycle: IP Replacement is available every 15 days.
20.3 For Lite network profile:
- Any IP with Lite network profile: There is no free IP relacement for Lite network VM even it was blocked by some regions when you get it or while using.
20.4 LAX.sPro / HKG.Pro is not allowed to replace IP address.
21. The Action of Abuse Taken Down Request
21.1 DMIT uses Timed-Based Null-Route Action for the offending IP address.
21.2 Child-porn Notifications- 1 Mo.
21.3 Phishing Attack - 1 Day.
21.4 DMCA/Copyright - 3 Business Day
21.5 Malware content - 1 Day
21.6 Botnet controllers - 1 Mo.
21.7 Unsolicited commercial email - 3 Days
21.8 Others - TBD