Day Hold Terms of Service

By using the services from Day Hold.com (hereinafter the "Services," defined further below), you signify your agreement to the terms and conditions contained in this Term Of Services Agreement (hereinafter, the "Agreement") and that you consent to resolve in Santa Clara County, California (USA) any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “user” "you" or "your" (and appropriate formatives) and Day Hold.com. (Day Hold, "we", “us” and “our”).

We value the privacy of our Customers, and we strive to use commercially acceptable means to protect it. Please review Privacy Policy for further details.

Reports of activity in violation of this Agreement may be sent via email to [email protected].

1.1 General Terms

Day Hold agrees to furnish your services subject to your complete compliance with our Terms of Service (TOS) and Acceptable User Policy (AUP). Day Hold reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at our sole discretion.

1.2 Payment Policy

You acknowledge that Day Hold provides service through subscription. All payments are due on the renewal date for the service in the following billing cycle.

Service that is 1 day past due will be suspended and subject to an administrative fee of 10% of invoice. Failure to pay will result in suspension or termination of User’s account. Accounts that are not collectible by Day Hold may be turned over to an outside collection agency for collection, and the User agrees to pay for all collection, legal and attorney costs.

1.3 Additional Administrative Fees

Users that have their assigned Day Hold IP addresses placed on SPAM blacklists, or that cause other IP addresses within Day Hold network to become blacklisted, may be assessed a $30-50 per blacklisted IP.

If the customer purchased Day Hold Services with the intention to conduct SPAM activity, Day Hold will charge a $50 minimum administrative fee to cover our administrative cost. Users are expected to take all necessary action to resolve the abuse complaint within 24 hours of notification. Failure to fix any violations within 48 hours will result in immediate loss of usage of those IP addresses. Users that are subjected to more than one IP null-route in any given month may be assessed an administrative fee of $50 per null-route.

Users are allowed to request up to one free reinstallation per calendar month of the operating system Day Hold originally delivered with the server. If Users request more than one reinstallation per calendar month or requests a change of the installed Operating system, then these may be charged at $25 per installation.

Day Hold reserves the right to terminate the account without notice and without any refunds if in the judgment of the Day Hold administrators the user's server is the source of the violation of any terms specified in this policy. Users will be held responsible for any damages to Day Hold, including but not limited to, Day Hold's system, servers, connectivity, reputation, business, service, network, operations, or equipment.

1.4 Support Boundaries

Day Hold provides support related to your physical or virtual servers up to the Operating Systems level only. Day Hold does not touch or offer tech support for anything above Operating Systems level (e.g. application or data on your server).

1.5 Consent to Monitoring

Day Hold is under no obligation to monitor the material residing on or transmitting to or through its services. The Users are solely responsible for determining the legality of their applications and content.

However, anyone using this service agrees that Day Hold may monitor the content periodically to comply with valid law enforcement requests. Anyone using our services expressly consents to such monitoring.

1.6 Unsolicited Email and Spam

Users may not send unsolicited email messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam"). In addition, Users may not use Day Hold's Services in order to (a) send email messages which are excessive and/ or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, "mailbombing", (e) send or receive email messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. Violation of any of Day Hold’s SPAM policy may result in a fee of at least $30 per instance and/or suspension or termination of your account.

1.7 System and Network Security

Users are prohibited from hacking or attempting to hack the security of Day Hold's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Hacking of system or network security may result in civil or criminal liability. Day Hold will investigate occurrences of such violations and may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

1.8 Suspension/Termination of Service

Day Hold reserves the right to suspend network access to any User that violates any of the terms specified in this policy. If any violation is detected, Day Hold reserves the right to terminate the account without notice and without any refunds. The user will be held responsible for any damages to Day Hold, including but not limited to, Day Hold's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee. In extreme cases, law enforcement will be contacted regarding such violations.

1.9 Disclaimer of Warranties

Day Hold makes no warranty of our services either expressed or implied. It is the user's responsibility to have backups of their data at all times. Day Hold has the right to restrict access to any services, possibly causing you to not have access to your data and services. You understand that Day Hold is not required to allow access to any service on our network. Day Hold cannot be held responsible for lost, corrupt, or restricted data for any reason.

1.10 Indemnification

User agrees to indemnify and hold harmless Day Hold, Day Hold’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Day Hold’s Services.

1.11 Copyright and Trademark Infringement

If Day Hold is informed of an alleged copyright or trademark infringement involving an account, Day Hold will attempt to notify the user of those allegations and secure a response. Day Hold may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Day Hold believes may create, constitute, or contribute to copyright or trademark infringements. You expressly waive the right to assert any claims against Day Hold for any such removal or termination.

To inform Day Hold of a possible infringement please send an email to [email protected].

1.12 Force Majeure

Day Hold shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Day Hold's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

1.13 Dispute Resolution

The Agreement shall be governed by the laws of the State of California, and the laws of the United States of America, as applicable. EXCLUSIVE VENUE FOR ALL DISPUTE RESOLUTION ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA, USA. EACH PARTY AGREES NOT TO DISPUTE SUCH JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

All provisions of Services are subject to the TOS (Terms of Service) and AUP (Acceptance Use Policy) of Day Hold. Day Hold reserves the right to amend its policies at any time. All users must adhere to the above policies. You understand that change to the TOS or AUP by Day Hold shall not be grounds for early contract termination or non-payment.

We can be reached via email at [email protected] for all questions related to these Terms of Use (TOS) or Acceptable Use Policy (AUP).