Terms of Service and Usage Agreement
1. IDENTIFICATION OF PARTIES
The terms: Dantor, We, Us, Our, identify Dantor.com, its subsidiaries, and its parent
companies.
The terms: Customer, You, Your, identify the customer and the cutomer's use of services provided by
Dantor.com.
The term: Agreement identifies this document.
2. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties, and the remaining terms and
provisions will remain in full force and effect. In the event that any provision of this Policy
shall be unenforceable or invalid under any applicable law or be so held by applicable court
decision, such unenforceability or invalidity shall not render this Agreement unenforceable or
invalid as a whole.
3. GOVERNING LAW
The validity, interpretation, enforceability, and performance of this agreement shall be governed by
and construed in accordance with the laws of the State of Michigan.
4. FORCE MAJEURE
Dantor shall not be liable for failure or delay in performing its obligations hereunder if such
failure or delay is due to circumstances beyond its reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third party services, failure of software, failure
computer hardware, or inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of the services.
5. ACCEPTANCE OF TERMS
The services that Dantor provides to you are subject to this Agreement. Dantor reserves the right to
update this Agreement at any time without notice to you. The most current version of this Agreement
can be reviewed by clicking on the "Terms" hypertext link located at the bottom of our web pages.
6. DESCRIPTION OF SERVICES
Dantor provides you with access to a variety of resources, including web site hosting, domain name
registration, communication forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any new services, are
subject to this Agreement.
7. LIMITATION OF LIABILITY
Dantor makes absolutely no warranties whatsoever, express or implied, including warranties of
non-infringement, merchantability, or fitness for a particular purpose. Dantor does not guarantee
continuous service, service at any particular time, or integrity of data stored or transmitted via
it's systems. In no event shall Dantor be liable for any direct, indirect, incidental, special or
consequential damages, loss of profits, revenue, data or use, suffered by the Customer or any third
party, whether in an action in contract, tort or strict liability or other legal theory, even if
Dantor has been advised of the possibility of such damages. In no event will Dantor liability for
any damages, losses and causes of actions whether in contract or tort (including negligence or
otherwise) exceed the actual dollar amount paid by customer for the service which gave rise to such
damages, losses and causes of actions during the 1-month period prior to the date the damage or loss
occurred or the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or
consequential damages, so that the above limitations or exclusions may not apply. In such
jurisdictions, Dantor liability (and the liability of its affiliates, agents, content providers and
service providers) shall be limited to the greatest extent permitted by applicable law.
8. INDEMNIFICATION
Customer will indemnify, save harmless, and defend Dantor and all directors, officers, employees,
and agents of Dantor (collectively "indemnified parties") from and against any and all claims,
damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative)
and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to
the use of the services by customer. Such claims shall include, but shall not be limited to, claims
based upon trademark ,service mark, trade name, copyright and patent infringement, trademark
dilution, tortious interference with contract or prospective business relations, unfair competition,
defamation or injury to reputation, or other injuries or damage to business.
9. CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access
to confidential information and communications, including proprietary information claimed to be
unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of
the other party ("Confidential Information"). Each party agrees to maintain the confidentiality of
the Confidential Information and to use the Confidential Information only to the extent necessary
for legitimate business uses in connection with this Agreement. Upon request of either party or on
termination or expiration of this Agreement, each party shall destroy the Confidential Information
of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either
party’s use of information which (a) is now, or hereafter becomes, publicly known or available
through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving
party’s records; (c) is disclosed to the receiving party without confidential or proprietary
restriction by a third party who rightfully possesses and rightfully discloses the information; (d)
is independently developed by the receiving party without any breach of this Agreement; (e) is the
subject of a written permission to disclose provided by the disclosing party; or (f) is required by
law to be disclosed.
10. CUSTOMER ACCOUNTS, PASSWORD, AND ACCOUNT SECURITY
If any of the Services requires You to open an account, You must complete the registration process
by providing Us with current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of Your password and account. Furthermore, You are entirely
responsible for any and all activities that occur under Your account. You agree to notify Dantor
immediately of any unauthorized use of Your account or any other breach of security. Dantor will not
be liable for any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, You could be held liable for losses
incurred by Dantor or another party due to someone else using Your account or password. You may not
use anyone else's account at any time, without the permission of the account holder.
11. BILLING OF FEES AND COSTS
During the term of this agreement, the web hosting Customer shall pay the fees for the services that
are set forth on the order form, as applicable. Such fees may include taxes, fees or assessments by
governmental agencies and Dantor shall have the right, at any time, to pass through and invoice to
the web hosting Customer any new or increased taxes, fees, assessments or other charges imposed on
or required to be collected by Dantor by any governmental agency.
Invoices are due and payable upon receipt. All payments shall be made in U.S. currency. The fees set
forth in the order form are guaranteed during the initial term of this agreement. If the web hosting
Customer continues to receive the services after the initial term, the fees charged after the
Initial Term shall be at the then standard Dantor rates for such services, without discount,
determined month to month.
Dantor may assess, at it's sole discretion, a late payment charge equal to 1.5% (or the highest
amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance
of any invoice remaining unpaid thirty (30) days after the date upon which payment is due.
In the event the web hosting customer account becomes past due, or is otherwise deemed insecure,
Dantor may, in its sole discretion, suspend, interrupt or disconnect the services. In the event of
such suspension, interruption or disconnection, the web hosting customer may be required to post a
deposit or such other security, as Dantor deems necessary in order to resume receiving the Services.
In addition, if Dantor in its sole discretion, deems the web hosting customer to be financially
insecure, Dantor may require such other action of the web hosting customer, including letters of
credit, security deposit(s), restrictions on available credit or other action as Dantor may require
from time to time regardless of the web hosting customer's current status or payment history.
Failure to satisfy Dantor requests for such action within timelines set by Dantor may result in
immediate termination of service without further notice.
Termination of an account by Dantor or voluntary closure of an account by the Customer, does not
relieve the Customer of any outstanding fees or costs.
12. BULK EMAIL POLICY
Dantor has STRICT policy against bulk email, SPAM, and SPAM support services. SPAM, also known as
UCE, bulk email, unsolicited commercial email, and email marketing is strictly prohibited.
SPAM is defined as ANY unsolicited or unwanted email sent to one or more email accounts. A SPAM
support service is anything that facilitates SPAM. Examples of SPAM support services include, but
are not limited to - bulk emailing software, lists of email addresses, proxy lists, open relay
lists, and providing DNS service to SPAM marketers.
The web site hosting Customer is responsible for the actions of their employees, customers, vendors,
contractors and agents. Dantor will immediately terminate any web site that engages in sending bulk
email, SPAM, or provides SPAM support services. Dantor reserves the right to determine what is or is
not bulk email, SPAM or SPAM support services. An administrative fee of twenty five U.S. dollars
($25) will be assessed for EACH spam complaint received, and an additional fee of twenty cents
($0.20) for each SPAM or bulk email that was sent through your account or web site. Termination of
an account by Dantor or voluntary closure of an account by the Customer, does not relieve the
Customer of any outstanding fees or costs.
13. CANCELLATION BY CUSTOMER
The Customer may terminate their account at any time. However, the Customer and Dantor remain bound
by this Agreement and the Customer is obligated to pay all amounts remaining in the initial term,
plus any costs or fees that have been added during the term.
Any and all prepayment for services made by the web hosting customer are non refundable.
14. TERMINATION BY DANTOR
Dantor may suspend or terminate the Customer account at any time, with or without notice to the
Customer. Dantor may suspend or terminate the Customer account at any time, for any reason, or for
no reason at all.
In the event of termination by Dantor, the Customer and Dantor remain bound by this Agreement and
the Customer is obligated to pay all amounts remaining in the initial term, plus any costs or fees
that have been added during the term.
15. RESOURCE USAGE
The Customer shall not exceed the disk space usage of their account. If disk space usage exceeds the
disk space listed for the Customer account, Dantor, at it's sole discretion, may assess additional
charges of fifty cents ($0.50) per MB (megabyte) of disk space or discontinue and terminate service
without notice.
The Customer shall not exceed the monthly bandwidth usage allowance of the account. If bandwidth
usage exceeds the monthly bandwidth usage allowance of the account, Dantor at it's sole discretion,
may assess additional charges of two dollars ($2) per GB (gigabyte) of traffic or discontinue and
terminate service without notice.
In the event of termination by Dantor, the Customer and Dantor remain bound by this Agreement and
the Customer is obligated to pay all amounts remaining in the initial term, plus any costs or fees
that have been added during the term.
16. ADULT CONTENT
Dedicated servers: Adult content is permitted.
Shared hosting: Adult content is NOT permitted.
The Customer agrees that they will not store or link to any adult content. Dantor will immediately
terminate any account with adult content, without notice. Dantor reserves the right to determine what
is or is not adult content.
In the event of termination by Dantor, the Customer and Dantor remain bound by this Agreement and
the Customer is obligated to pay all amounts remaining in the initial term, plus any costs or fees
that have been added during the term.
17. ILLEGAL ACTIVITIES
The Customer agrees that they will not store or link to any content that is illegal in the United
States. The Customer will not promote, or link to any web site that does promote activity that is
illegal in the United States. Dantor will immediately terminate any account that contains illegal
content without notice.
In the event of termination by Dantor, the Customer and Dantor remain bound by this Agreement and
the Customer is obligated to pay all amounts remaining in the initial term, plus any costs or fees
that have been added during the term.
18. ABUSE
Dantor will immediately terminate any account found to be in violation of the following rules,
without prior notice.
Spamming, sending unsolicited advertising to numerous email addresses or newsgroups and/or
generating a significantly higher volume of outgoing email than a normal user, allowing spamming by
third parties to promote a web site hosted by Dantor, trolling, posting outrageous messages to
generate numerous responses, mailbombing, subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive number of newsgroups, attempting without
authorization to enter into a secured computer system, newsgroup flooding, forgery, account hacking,
posting of defamatory, scandalous, or private information about a person without their consent,
violating trademarks, copyrights, or other intellectual property rights, misuse of system resources,
including but not limited to employing posts or programs which consume excessive CPU time or storage
space; permitting use of mail services, mail forwarding capabilities, POP accounts, or
autoresponders other than for the customer's own account; resale of access to CGI scripts installed
on Dantor servers, or attempting to use a single customer account for third party web sites by
allowing more than one domain name to be used to reference pages within the customer's site. Dantor
reserves the right to determine what constitutes abuse.
In the event of termination by Dantor, the Customer and Dantor remain bound by this Agreement and
the Customer is obligated to pay all amounts remaining in the initial term, plus any costs or fees
that have been added during the term.