The terms and conditions set forth herein constitute the full and complete agreement between you and DailyRazor.com (Doing business as and hereinafter referred to as “DailyRazor”). Your agreement to be bound by these terms is acknowledged by your use of the DailyRazor Web Site, Hosting Services, Support Services and/or any DailyRazor software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and DailyRazor whether oral, written or otherwise including any statements made by any representative of DailyRazor at any time.
1. Fees: Payment of Fees
1.1 Fees – DailyRazor charges the following fees where applicable. All such fees are subject to change with 30 days notice.
1.1.1 Service Fees – includes monthly web hosting fees and over-usage charges (e.g. bandwidth, disk space, etc)
1.1.2 Domain Registration Fee (if not qualified for the FREE Registration Offer)
1.2 DailyRazor reserves the right to offer subsequent promotional rates, which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. DailyRazor also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
1.3 DailyRazor does not charge SET UP FEE for new web hosting accounts on existing hosting packages. In some instances DailyRazor may charge a setup fee for CUSTOMIZED hosting packages as well as it’s periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from DailyRazor, DailyRazor may also charge you for Domain Registration Fees if ordering additional domain names not eligible under DailyRazor’s FREE Domain Registration offer and specifically reserves the right to institute additional charges upon notice to you. DailyRazor also reserves the right to alter, change, amend or delete charges at it’s sole option. DailyRazor further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.4 Payment of Fees – DailyRazor accepts payment by Credit Card (Visa, MasterCard or American Express) or PayPal.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow DailyRazor to charge your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any DailyRazor set-up charges, registration fees, over usage fees, and/or any other charges outlined herein as may be applicable.
You further authorize DailyRazor to charge your credit card for all subsequent renewal period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with DailyRazor for the purpose of satisfying the DailyRazor charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of DailyRazor under Paragraph 8 herein.
Service cancellation (Shared Hosting, Domain Names, VPS and SSL Certificates) and/or change requests must be received by DailyRazor at least 30 days before the service renewal date to prevent the service from renewal and automatic payment processing. Whereas service cancellation and/or change request is not received as contained above such request is will not be honored for the billing period and will not prevent your account from renewing accordingly. Dedicated Server cancellations must be received at least 30 days before service renewal date to prevent automatic renewal. All renewed services without a cancellation request as described above are not refundable.
1.6 Payment by PayPal/Check
1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. DailyRazor is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by DailyRazor. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees is due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by DailyRazor. An administrative fee of $25.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of DailyRazor under Paragraph 8 herein.
Service cancellation and/or change request (Shared Hosting, Domain Names, VPS and SSL Certificates) and/or change requests must be received by DailyRazor at least 30 days before the service renewal date to prevent the service from renewal and invoice generation. Whereas service cancellation and/or change request is not received as contained above such request will not be honored for the billing period and will not prevent your account from renewing accordingly. Dedicated Server cancellations must be received at least 45 days before service renewal date to prevent automatic renewal. All renewed services without a cancellation request as described above are not refundable.
1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to DailyRazor a sufficient time before the expiration of the current service period so that it reaches DailyRazor in advance of the renewal date.
1.7 Each of DailyRazor’s shared hosting packages carries a 30 days money back guarantee. Domain name registration, Virtual Dedicated Server (aka Virtual Private Server), SSL Certificate, and Dedicated Server orders do not qualify for the 30 days money back guarantee. If you are not completely satisfied with our shared web hosting services within the first 30 days of usage, you will be given a full refund of the monthly fee excluding setup fees (where applicable), add-ons, overages, domain name registration, ssl certificate, virtual dedicated server (aka virtual private server), or dedicated server fees. Setup fee will be retroactively charged if waived or discounted in the original charge. Setup fees are only refundable if the account order is canceled prior to activation. In order to receive a refund you must contact DailyRazor within the first 30 days following your account activation. No refunds will be given after the 30th day. No refunds will be given for accounts cancelled because of violating DailyRazor’s Terms of Service.
1.8 Account cancellations is immediate and executed within 24 hours. DailyRazor does not recognize scheduled and future date account cancellation requests – you hereby agree that you must request cancellation at the exact time you want to cancel. You also agree to not demand/request future cancellation dates and understand that such demand/request will not be recognized by DailyRazor.
2. Web Hosting Services
For the term of the agreement as set forth herein DailyRazor agrees to provide web hosting services according the plan selected by you upon activation of your account. DailyRazor reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you.
3. Domain Registration Services
DailyRazor’s FREE Domain Name Registration offer is only available for the first year of registration and to qualified new hosting accounts and the domain name in question MUST be for the said hosting account. If you decide to change your domain name on account and the said domain name is registered under this free offer, you agree to pay DailyRazor a $14.95 administrative fee. The offer is only valid when placing a new order as such requests to utilize the offer after order placement and/or processing will not be honored. This offer is only eligible for .com, .net, .info, .us, and .org domain name registrations.
After the first year, the free registered domain name will renewed at the yearly registration price set for that Top-Level Domain which is $14.95/year. In event you choose to leave DailyRazor, you must request in writing to support@DailyRazor.com for transfer of the domain name. You must initiate such transfer with an ICANN accredited domain registrar. If you’re leaving DailyRazor after 1 year of hosting, DailyRazor will approve the transfer with no additional cost. However, if leaving DailyRazor under a year of hosting, DailyRazor will charge you account $14.95 administration fee.
If DailyRazor registers a domain name for your hosting account in the 30 days money back guarantee period and you choose to leave DailyRazor within the 30 DAYS, you hereby consent to understanding that a fee of $19.95 will be charged to your account for the domain registration, and must paid before the said domain name can authorized for transfer to you.
At Customer’s request, DailyRazor may also acquire a Top-Level Domain Name (“Domain Name”), on behalf of Customer. DailyRazor will not own or otherwise control any domain name registered on your behalf under this paragraph. DailyRazor provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against DailyRazor for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by DailyRazor to obtain and/or maintain the Domain Name on your behalf shall be charged to you by DailyRazor under the provision therefore elsewhere herein.
4. Acceptable Use
DailyRazor strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors of any kind or to perform any activity, which is likely to cause such harm.
4.3 You agree not to take any action, which encourages or consists of any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be “spamming” or “Mail Bombing”
4.5 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any DailyRazor website or the website of any DailyRazor customer.
4.7 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
4.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
4.9 You agree not to undertake any action, which is harmful or potentially harmful to the DailyRazor server structure.
4.10 You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.
4.11 You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.
4.12 You agree not to run any background and/or listening processes. You also agree not to engage in any activity (through your code, processes, jobs, etc) that will affect the server and/or customer accounts on the said server.
4.13You understand that all hosting plans come with a preset resource limit such as storage space and/or which may be lower than advertised limit advertised on the website. This initial limits is set during account provisioning, if you need more resources simply contact customer support at support@DailyRazor.com and they will assign you more resource at no additional cost. Plans with Unlimited resource limits do give you unlimited resources in that you don’t have to pay any additional fee for more resource. A simple request to increase your limit when you need it will suffix. Don’t hesitate to contact us at sales@DailyRazor.com if you any concerns about this policy.
DailyRazor pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the DailyRazor Web Hosting Service for the term of the agreement as set forth herein.
6. Ownership of Intellectual Property; Confidentiality
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of DailyRazor including but not limited to the DailyRazor customer service and maintenance tools. You acknowledge that all right and title to any such DailyRazor intellectual property shall remain the sole property of DailyRazor and that you have no right, title or interest therein. You further agree not to provide access to the DailyRazor services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the DailyRazor Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the DailyRazor service shall also remain the sole property or DailyRazor.
6.2 During the term of this agreement you may have access to certain information and materials relating to the DailyRazor business, customers, software technology and marketing which DailyRazor treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of DailyRazor; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
The initial term of this agreement shall be the billing cycle you selected during sign up with automatic renewal for subsequent billing cycle after the expiration of the initial term. You hereby agree that you must notify DailyRazor of your intention to cancel your account 30 days before your service renewal date to prevent automatic renewal and payment processing. DailyRazor reserves the right to accept pre-payment of renewal periods and may from time to time offers financial incentives for such pre-payment. The term of the agreement, however, shall remain billing cycle period you selected during sign up.
8. Suspension and Termination:
8.1 Suspension – At the sole option of DailyRazor for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) DailyRazor may suspend your account by deactivating any access by you or by web users to any information contained on the DailyRazor servers related to your account while maintaining the information and data related to your account upon the DailyRazor servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under paragraph
8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.3 Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the DailyRazor servers. Such information or data may or may not be made available to you by DailyRazor after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 30 days notice in advance of a renewal period for any reason.
8.4 In the event of termination under paragraph 8.2(a) and/or 8.2(b) there will be no refund provided to you. In addition, DailyRazor may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not effect the rights of DailyRazor to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind as may be applicable under Maryland Law
9.1 Any notice under this agreement shall be given by DailyRazor to you via email at the address provided by you to DailyRazor at the commencement of this agreement or as DailyRazor is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.
9.2 Any notice by you to DailyRazor shall be made by email to a customer service representative at support@DailyRazor.com during DailyRazor regular business hours of 9:00 a.m. to 5:00 p.m. EST. Such notice may also be sent via mail to the following Address:
9320 Annapolis Road
Lanham, Maryland 20706
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
11. Warranties and Limitations
11.1 DailyRazor makes every reasonable effort to maintain operation of the DailyRazor service however because as many events and circumstances are beyond the control of DailyRazor, DailyRazor does not in any way warrant or otherwise guarantee the availability of the DailyRazor system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of DailyRazor.
11.2 THE DailyRazor SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, DailyRazor has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. DailyRazor accepts no responsibility for any information, which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. DailyRazor provides no warrantee for any goods or services, which you obtain over neither the Internet nor the compatibility of any such services with the DailyRazor system.
11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO DailyRazor IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL DailyRazor BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12.1 You agree to fully defend and indemnify and hold harmless DailyRazor of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of DailyRazor in any way related to your use of the DailyRazor service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless DailyRazor of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the DailyRazor service or any portion thereof. Choice of counsel remains exclusively that of DailyRazor
12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless DailyRazor of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of DailyRazor.
13. Force Majeure
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder is not assignable or transferable except that DailyRazor may assign it’s rights hereunder to any person or entity who shall become a principal owner, or shareholder of DailyRazor. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
16. Choice of Law
This Agreement shall be interpreted under the laws of the State of Maryland without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venue in the Superior Court of the State of Maryland, County of Prince Georges. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
17. No Agency
Notwithstanding any other provision of this agreement, DailyRazor is not your agent, partner or joint venture in any respect.
DailyRazor may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the DailyRazor web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts
19.1 DailyRazor will take action against any parties found in violation of this Terms of Service. DailyRazor reserves the right to terminate service at any time and without warning when a violation of our Terms of Service has occurred.
Any complaints regarding prohibited use or other abuse of the DailyRazor’s services, including violations of this Acceptable Usage Policy, should be sent via e-mail to DailyRazor at: abuse@DailyRazor.com. Include all applicable information that will assist DailyRazor in investigating the complaint, including all applicable header lines of forwarded messages, traces, and logs.
19.2 Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
19.3 Google and all Google-based marks are trademarks or registered trademarks of Google, Inc. in the U.S. and other countries.
19.4 Google AdWords Coupon Credit is subject to Google’s terms and conditions which may change from time to time and DailyRazor is in no way or form liable or responsible for such changes as and when they arise.
19.5 In the event that any government agency requests our cooperation regarding an official government investigation into potentially criminal activities on your part, or activities that violate any US or State law or regulation, we will cooperate fully with such investigation and turn over any documents, correspondence, files, data and any all other records and data pursuant to subpoena or other court order and you agree to hold us harmless from any potential loss, damage or liability of any and all nature regarding our cooperation with the relevant government agency.
20. “Fair-Use” Resource Assignment
DailyRazor offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. The intention of DailyRazor is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.
It is acknowledged by users of DailyRazor web hosting services that these resource allotments are optimized and dedicated towards serving web documents and FTP services and is not to be used as offsite storage area for electronic files, email messages older than 3 months (emails should be downloaded to subscriber’s computer using POP3 clients such out Outlook, Thunderbird, etc), streaming media (audio and/or video), or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on DailyRazor’s web hosting servers.
It is also acknowledged by users of DailyRazor web hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. DailyRazor takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of DailyRazor web hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. DailyRazor, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, DailyRazor reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of DailyRazor.
You also acknowledge that you will only use the appropriate DailyRazor’s Reseller web hosting plan if you intend to resell web hosting services via DailyRazor’s servers. If you are not on a reseller, dedicated server of vps, all websites/domains hosted on your account must be your own and not someone elses. Only reseller, vps and dedicated server plans can be used for hosting websites/domains for others other than yourself. Violation of this provision is violation of this agreement and can lead to account termination at DailyRazor’s sole discretion.
Furthermore, you hereby agree to using Personal Web Hosting plans only for hosting personal web sites, blogs, contents etc and will not use it to host business related websites. For business related web sites, you agree to subscribe to the appropriate Business Web Hosting plan via the DailyRazor.com website.
If a “Fair-Use” breach occurs, which determination is solely up to DailyRazor, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by DailyRazor, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that DailyRazor may have to take.