TERMS OF SERVICE
The following terms and conditions govern all use of the Devllo website and all content, products, and services, available at or through the website (taken together, the “Website”). It also includes the customer support service (including reading and responding to support messages) provided to you and your customers (“the Services”).
Our Website and Services are intended for use by individuals 18 years or older. By using our site or services, you represent and warrant that you are at least 18 years of age.
You (“Client”) accept these Terms and agree to be bound by them if you visit or use the Devllo or related websites, use any of the Services, or otherwise indicate your affirmative acceptance of such Services. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Devllo, acceptance is expressly limited to these terms.
This Agreement also covers use of your Account, created when you sign up for Devllo Services.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any Client for any reason not prohibited by law. Any deliberate attempt to cause damage to Devllo or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted, or prohibited persons including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
Modification or Changes to these Terms
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Intellectual Property and other Proprietary Rights
All trademarks, service marks and trade names of Devllo or its partners, vendors or licensors used herein (including, but not limited to, the “Devllo” names and logos) (collectively “Marks”) are trademarks or registered trademarks of Devllo or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Devllo’s prior written consent. The use of the Marks on any other Website or network computer environment is not allowed.
All Services provided by Devllo may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization.
Examples of unacceptable content include, but are not limited to, the following:
- Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
- Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;
- Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
- Child pornography, rape, or bestiality;
- Security circumvention software or archives;
- Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
- Torrent files and trackers that facilitate the download of any materials included in this list;
- Any software that facilitates any activity prohibited in this policy.
Devllo will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Devllo or its business. You agree to indemnify and hold harmless Devllo from any claims resulting from such compliance or the use of Service.
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.
Devllo will be the sole arbiter as to what constitutes a violation of this provision.
We love hearing your feedback and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.
Devllo is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Devllo network, by clients or any other users of the Devllo network (including the Client’s customers); AND/OR over ANY network – if the message sent advertises or mentions a site hosted on the Devllo network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on Devllo’s network is prohibited. The use of Devllo’s network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email: email@example.com
Note: Devllo explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
Devllo prohibits the running of any specific IRCd, eggdrop, IRC related scripts, programs, or bots.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Devllo investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
Executing any form of network activity that will intercept data not intended for the client’s server;
Circumventing user authentication or security of any host, network or account;
Interfering with or denying service to any user other than the client’s host (example: denial of service attack or distributed denial of service attack);
Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user’s terminal session, via any means, locally or via the Internet.
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Devllo. The Client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your account. As a policy, we do not offer credits or refunds for time already expended or on any company issued credit, such as a free month of maintenance or support. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. Devllo considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use. Additional features can be added at any time. Devllo reserves the right to change prices at any time, but will notify all clients before such changes take place.
All Clients will receive invoices at least 5 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically up to 7 days before the due date. After the due date, there is a 5 day grace period in which to fully pay the invoice, with an overdue notice being emailed every day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shut down after the 5th day. The Client is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In doing so, Devllo will take all reasonable care to insure the work is completed in a professional manner with minimal interruptions to Services. In all instances Devllo’s liability will not exceed what is provided within this Agreement.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the Clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Devllo’a part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Devllo, Devllo will have no liability.
The customer is fully responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is the customer’s responsibility to activate that backup space and to backup their data.
Devllo and its subcontractors have strict Non-Compete clauses in place with our employees, former employees, dedicated developers, independent contractors, and consultants with which we work and may assist us in providing your contracted Services.
You agree that while using the Services during the Term and for 12 months after the termination of Services (for any reason), you shall not, and shall not assist any other party or entity to, directly or indirectly, recruit, solicit, or induce, other than by general advertisement not directed specifically to any other employees, former employees, dedicated developers, independent contractors, vendors, or consultants (collectively hereinafter “Person”) for employment or engagement as an independent contractor or employee any Person then or within the prior 12 months employed or engaged by Devllo or its Subcontractors, involved in any respect with the Services or the performance of this Agreement. In the event of a violation of this Section, you agree that Devllo is entitled to liquidated damages equal to the compensation paid by Devllo or its subcontractors to the applicable Person during the prior 12 months.
You may cancel at any time, unless otherwise stated in a written contract or agreement. To cancel your service, please email firstname.lastname@example.org or submit a cancellation through our billing portal. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from Devllo that the service has been cancelled. If the Client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.
If the Client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve Client of any outstanding financial obligations. Devllo reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 40% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
Devllo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.