Terms of Service

Darkbit.net and Darkbit Technical Services (collectively known as "Darkbit"). Before using Darkbit servers you need to review the following terms and conditions of the "Darkbit Service". These terms and conditions constitute a binding contract between you and Darkbit. They explain Darkbit's obligations to you, and explain your obligations to Darkbit when you use our Service. By using Darkbit, you agree that your use of the Service is provided in consideration of your agreement to abide by these following terms and conditions.

I. Terms of Darkbit Hosting Agreement.

1. To make your use of the Service as enjoyable as possible, in addition to the terms and conditions of this Agreement, Darkbit requires its subscribers to abide by the rules of conduct described in the Darkbit Acceptable Use Policy ("AUP"). You agree to abide by the Darkbit Acceptable Use Policy and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with the Darkbit Acceptable Use Policy.

2. You agree that Darkbit may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on the Darkbit home page, or on notification to you by e-mail or postal mail.

3. You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Darkbit with written notice by email, or by contacting Darkbit customer service via phone. Notice of your termination will be effective on receipt by Darkbit.

II. Darkbit Service Responsibility.

1. You agree that Darkbit retains the right, but not the obligation, to restrict or terminate your Service at any time, if Darkbit, in its sole discretion, determines that you are in violation of this Agreement and/or Darkbit Acceptable Use Policy. You agree that, if Darkbit determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that Darkbit will have no liability to you for any restriction or termination of your Service pursuant to such violation.

2. You agree that if Darkbit terminates your Hosting account as a result of your violation of our Acceptable Use Policy, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to by you and Darkbit as liquidated damages and not as a penalty. You further agree that Darkbit is under no obligation to forward any email for an account canceled due to a violation. Darkbit reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom Darkbit suspects is acting on behalf of someone whose account has been canceled for a violation. Darkbit reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.

3. Darkbit reserves the right to disconnect and/or temporarily suspend an account from service without warning if in Darkbit's sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation.

4. Darkbit reserves the right to remove, either permanently or temporarily, any e-mail that has been left on our servers for a period of 45 days or more.

5. You are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through Darkbit services or other Internet services, and for all use of your account with or without your knowledge or consent.


IV. EMAIL

1. In an effort to eliminate Unsolicited Bulk Email (Spam), Darkbit's mailservers have a number of anti-spam mechanisms which together eliminate (bounce) 96%+ of junk emails (unfortunately not all of it). All customers need to be aware of these anti-spam mechanisms as they apply to all email passing through our servers.

2. Darkbit's anti-spam mechanisms include the Spamhaus Project SBL and other Realtime Blocklists. By using the Darkbit email service you agree to our use of these mechanisms and understand that, however remote, there is the possibility that a legitimate email could be refused due to the use of anti-spam filter mechanisms.

3. Customers can request that anti-spam filtering be turned off for their domain by contacting Darkbit technical support.

IV. NO WARRANTY.

1. Darkbit disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data (including email); (2) loss or liability resulting from access delays or access interruptions; (3) loss or liability resulting from acts of God.

2. You agree that Darkbit's entire liability, and your exclusive remedy, with respect to your use of the Darkbit Service and any breach of this Agreement is solely limited to the amount you paid to use the Darkbit Service

3. You may not rely on oral or written information or advice given by our employees, agents, authorized representatives, subcontractors or affiliates and/or their employees, agents, authorized representatives, subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and our responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by us to govern the use of the Darkbit Service.


V. Indemnification.

1. You agree to defend, release, indemnify, and hold Darkbit, its affiliated companies and licensers, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Darkbit Service.


VI. Termination.

1. You agree that you or Darkbit may terminate this Agreement for any reason at any time.

2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of Darkbit in operating the Service; (II) Content available on or through the Service or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1 of this section.

3. You agree that Darkbit has the right, but not the obligation, to delete all programs, data, or other files on our computer servers that are associated with your account at the time of termination.

4. Only the person whose name is on the account will be able to change User ID and/or Password, and/or cancel an existing account.

5. The following are nonrefundable: Web Design and Development Fees, Domain registration fees, Static IP charges.

Revision 1 9/11/2005