These Terms of Service (the “Agreement”) are an agreement between Dark Knight Group (“DKG” or “Dark Knight Design” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Dark Knight Group and of the Dark Knight Group website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Dark Knight Group’s services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. You specifically agree to indemnify and hold Dark Knight Group harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Examples of content that is not acceptable:
SPAM and Unsolicited Commercial E-mail (UCE)
Dark Knight Group takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Dark Knight Group may not use or permit others to use our network to transact in UCE. Customers of Dark Knight Group may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Dark Knight Group SPAM policy will result in severe penalties. Upon notification of an alleged violation of our Dark Knight Group policy, Dark Knight Group will initiate an immediate investigation (within 48 hours of notification). During the investigation, Dark Knight Group may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dark Knight Group may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Dark Knight Group reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dark Knight Group will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Dark Knight Group Network. Violations of system or network security may result in civil or criminal liability. Dark Knight Group will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Refund Policy & Account Cancellation
The Dark Knight Group will make no refunds after the first 7 days, if you desire to cancel your account please login and select the service you wish to cancel and click on the cancel button. Your hosting account will remain active till the end of your billing period. Any hosting products that have had free development services if cancelled within the first 24 months can be charged up to $1000 and if within the first 12 months $2000.
Shipping & Delivery
Dark Knight Design will not ship anything to your address. All products and services are delivered via email to the registered email you entered when signing up for a service. If you change your email address it is your responsibility to update your details within our customer portal. Hosting account details are delivered via email within 24 hours of signing up. If your account is not created within this timeframe please contact us via the support page.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name. All development done by Dark Knight Group remains the property of Dark Knight Group unless given in writting.
Termination of Service
Dark Knight Group reserves the right to suspend network access to any customer if in the judgment of the Dark Knight Group network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Dark Knight Group chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Dark Knight Group expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate Dark Knight Group policy. Finally, Dark Knight Group wishes to emphasize that in signing the service agreement, subscribers indemnify Dark Knight Group for any violation of the service agreement, law, or Dark Knight Group policy, that results in loss to Dark Knight Group or the bringing of any claim against Dark Knight Group by any third-party. This means that if Dark Knight Group is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Dark Knight Group, plus costs and reasonable attorneys’ fees.
Please behave in a reasonable manner towards Dark Knight Group employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Dark Knight Group employees or legal threats against the company are viewed as extremely serious. Dark Knight Group reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question. Dark Knight Group reserves the right to refuse service to any customer at any time within reasonable means/requests.
Limitation Of Liability
IN NO EVENT WILL DARK KNIGHT GROUP ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF DARK KNIGHT GROUP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HFTW’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DARK KNIGHT GROUP FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Dark Knight Group shall not be responsible for any damages your business may suffer. Dark Knight Group makes no warranties of any kind, expressed or implied for the Services. Dark Knight Group disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Dark Knight Group or our employees.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources including but not limited to employing applications which consume excessive CPU time are not allowed on our network under any circumstances.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes Terms of Service. We may amend these terms of service with or without notice. You are responsible for any domains that are placed onto our servers. We do reserve the right to edit the terms of service at any time with or without notice.
If you have any questions please e-mail us at firstname.lastname@example.org
Personally Identifiable Information
Privacy concerns center on information that can be associated with a particular individual or entity. This information is often referred to as “personally identifiable information” and includes, for example, such things as a customer’s name, address, telephone number, or e-mail address.
Dark Knight Group will not disclose to outside parties any personally identifiable information obtained from the registration for or use of Dark Knight Group’s services without the consent of the customer (except as required by subpoena or other legal process, cases where Dark Knight Group suspects fraud, or in the case of imminent physical harm to customers or others). When Dark Knight Group uses agents, contractors or other companies to perform services on its behalf, Dark Knight Group will require that they protect your personally identifiable information consistent with this Policy.
Collection and Use of Personally Identifiable Information
Dark Knight Group collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products, services or special offers that better meet your needs. Dark Knight Group will not sell or disclose any of your personally identifiable information to other companies or organizations without your consent, unless compelled by a court order or subpoena. We reserve the right, however, to convey any information we collect from or about you to a successor-in-interest or business partner.
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Dark Knight Group will never knowingly request personally identifiable information from anyone under the age of 13 without first requesting verifiable parental consent.
Collection of Internet Usage Data
Dark Knight Group’s network gathers information about Internet usage such as IP address information of users connecting to your site, IP address information of FTP transfers, number of e-mails sent, and data transfer usage.
Dark Knight Group will not read your outgoing or incoming e-mail except in cases where Dark Knight Group suspects a user is violating Terms of Service and Terms of Service Policies. Dark Knight Group or its agents may store e-mail messages for a brief period of time and could be compelled to disclose the messages in order to comply with a court order or subpoena, if it is necessary to disclose this information to protect Dark Knight Group’s network or an individual’s safety or security.
Dark Knight Group has in place security measures and policy guidelines to protect your customer identifiable information from unauthorized access. The Dark Knight Design site has enabled the use of Secure Socket Layer (SSL) for a secure browser session.
Dark Knight Group may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the Terms of Service and Terms of Service Policies.
Dark Knight Group may at any time, without notice to you and in its sole discretion, amend this statement from time to time. Please review this statement periodically. Your continued use of Dark Knight Group services after any such amendments signifies your acceptance thereof.
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