Terms of Service
Before utilizing any service offered by Desyne ("we", "us"), you ("you", "your", "yourself", "your business") must review the following terms and conditions.
These terms and conditions explain our obligation to you, and explain your obligation to Desyne when utilizing any of our service(s). This will constitute a binding contract between you
and Desyne. Desyne is providing you with service(s) in consideration of your agreement to abide by these terms and conditions.
Terms and Conditions
To ensure a high quality of service for all our clients we have developed policies, which appear at the end of this Agreement and will continue to be refined and revised over time.
You agree to abide by these policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies
before utilizing any of our service(s). You agree to review the Agreement (including the Policies) periodically to be aware of any such revisions. If any part of this Agreement, or
any future revision, is unacceptable to you, you may terminate this Agreement at any time by discontinuing service and providing us with written notice by United States mail, or by
contacting customer service via phone or email. Notice of your termination will be effective on our receipt.
You agree that Desyne may:
(a) revise the terms and conditions of this Agreement (including our Policies),
(b) revise its billing rates and account surcharges; and
(c) modify the services provided under this Agreement at any time.
Any such revisions and modifications shall be binding and effective immediately on posting the revised
Agreement on this web page, or on notification to you by e-mail, phone or through the USPS.
You agree that, by continuing to use any service following notice of any revision to the Agreement (including our Policies),
you accept any such revisions and agree to abide by any such revisions.
Desyne reserves the right to distribute informative e-mails to its clients that it feels is pertinent to the quality of its services offered. These announcements may include information
about revisions to this Agreement (including Policies) and/or modifications to the services provided under this Agreement or other information about any of our service offerings.
The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with Desyne or any of Desyne's affiliates.
Desyne cannot and does not guarantee you, your web site, your application or our services, access to the Internet. You agree that your use of our services is solely at
your own risk and is subject to all applicable local, state, national and international laws and regulations.
You agree that Desyne retains the right, but not the obligation, to restrict or terminate your service(s) at any time, if Desyne, in its sole discretion, determines that you
are in violation of this Agreement and/or our Policies. You agree that, if we determine that you are in violation of this Agreement, any restriction or termination of your
service(s) will be effective immediately, without prior notice. You agree that Desyne will have no liability to you for any restriction or termination of your service(s)
pursuant to such violation.
YOU AGREE THAT IF DESYNE TERMINATES YOUR SERVICES AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR OUR POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT
CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND DESYNE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that Desyne is under no obligation to forward any
email or provide (DNS) Domain name service, for any account canceled due to a violation. Desyne reserves the right to refuse the application or reapplication of anyone whose
account has been canceled for a violation, or anyone whom Desyne suspects is acting on behalf of someone whose account has been canceled for a violation. Desyne reserves
the right to cancel or suspend all other services belonging to you if any one of your services was involved in a violation.
Desyne reserves the right to disconnect and/or temporarily suspend an account from service without warning if in our sole discretion there is a reasonable suspicion that such
disconnection or suspension would prevent or interrupt a violation of this Agreement or our Policies.
Subject to the provision of the Digital Millennium Copyright Act and any other applicable laws and regulations, Desyne reserves the right to remove or block access to,
either permanently or temporarily, any files which we suspects or which a third party alleges are associated with a violation of the law, this Agreement and Policies or
with the account responsible for such violation. This includes but is not limited to blocking access emails and web sites.
Desyne reserves the right to terminate service(s) to any user who owns or operates an open mail relay, engages in mass emailing or in any other way degrades the quality of
services offered to any other client.
Desyne reserves the right to remove, either permanently or temporarily, any e-mail that has been left on Desyne servers for a period of 30 days or more and any mail
located within a "SPAM folder" after 3 days.
You are responsible for maintaining the security of your account, password, files, data files, web site files, network and user access, and any information you disseminate
through Desyne services or any other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use
of your account by minors.
By using our Service(s) you agree that neither Desyne nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of
any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through any of our services.
You agree that notwithstanding anything herein to the contrary, Desyne has the right, but not the obligation, to remove Content from Desyne computer servers which Desyne,
in its sole discretion, determines to be in violation of this Agreement or Policies or which in any way adversely impact any other client of Desyne.
You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or
licensors of the Rights in such Content. You agree not to upload, download, display, perform, transmit or otherwise distribute through our service(s) any material
(including, without limitation, any Content that is subject to another party's Rights, without that party's express permission or unless otherwise authorized by law.
You acknowledge and agree that any such unauthorized conduct: (a) may result in termination of this Agreement, and; (b) may expose you to civil or criminal liability.
WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT DESYNE SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR
SERVICES IF YOU ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
With respect to any material stored on any our systems or servers under our control, you acknowledge and agree that in the event that Desyne receives appropriate notice
that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is
apparent, Desyne shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify
Desyne that such material has been removed or access denied as a result of a mistake or misidentification of the material. You also acknowledge and agree that, under
appropriate circumstances, Desyne shall have the right to remove or block your allegedly infringing Content.
Rights in Desyne Services
Your use of Service(s) gives you limited rights. Desyne grants clients a non-exclusive, non-transferable, revocable, limited license or sublicense to use Services and Software
solely for the purpose designed and in accordance with this Agreement. Upon the termination of this Agreement for any reason, your license or sublicense to use such Service Software
shall automatically terminate.
You acknowledge that Desyne and its licensors have Rights in the Services, including, without limitation, the Service Software and related documentation, certain Content
provided by Desyne or its licensors, the "look and feel" of the Services and Software, Service names, subscriber interfaces, and other features.
You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any Content or any aspect of any service that is owned
by or in which Desyne or its licensors have Rights.
YOU AGREE THAT YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, DESYNE DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING
TO YOUR USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO
SOFTWARE OR HARDWARE; (C) ACCESS DELAYS, ACCESS INTERRUPTIONS OR SERVICE AVAILABILITY; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA INCLUDING
E-MAIL; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF DESYNE OR DESYNE CLIENTS; (G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL
INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH USE OF DESYNE SERVICES, (H) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND DESYNE'S CONTROL.
Since Desyne invoices for all services only after they are received, each payment received by Desyne from you will constitute full and final settlement, with accord and satisfaction,
for all service provided to the date such payment is received. You agree that Desyne's entire liability, and your exclusive remedy, with respect to any and all of our services will
be the negation of any outstanding balances of your accounts.
You may not rely on oral or written information or advice given by Desyne's officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or
their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established
in these terms and conditions. Your rights and Desyne's responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been
established by Desyne to govern the use of Services.
You agree to defend, release, indemnify, and hold Desyne, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized
representatives, and subcontractors 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 or other material by or through your use of our service(s).
You agree that Desyne has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.
You agree that, notwithstanding anything herein to the contrary, you or Desyne may terminate this Agreement for any reason at any time.
You agree that your only right with respect to any dissatisfaction with (a) any agreement term, policy, or practice of Desyne in operating Services,
(b) any Content available on or through any Service or change therein, or (c) 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.
You agree that Desyne has the right, but not the obligation, to delete all program, data, or other files on Desyne servers that are associated with your account at the time of termination.
Only the person whose name is on the account shall have the right to change the usernames and/or password(s) for the account, change billing information and/or cancel an existing account.
Some restrictions may apply to your selection of username.
The following fees and charges are non-refundable: Web and Publishing/Development Fees, Domain registration fees, and any shipping and handling charges.
You agree that this Agreement and Desyne's Policies (which are incorporated by reference) comprise the entire understanding between Desyne and you, and supersede any prior agreements
or correspondence between you and Desyne and/or any postings or other notices from Desyne with respect to the subject matter of this Agreement.
You agree that, if any portion of this Agreement (including Desyne's Policies) is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
The Agreement will be governed by the laws of the State of Virginia, excluding its conflicts of law rules. You and Desyne each submit to the exclusive subject matter jurisdiction,
personal jurisdiction, and venue of the courts of the State of Virginia and the federal courts located in the state of Virginia.
Acceptance by Client
I accept the terms of this Service Agreement and agree to be bound by its terms.
Desyne's Policies, including the following list of Prohibited/Abusive Activities, are part of your agreement with Desyne. Please note that if you engage in any such activities,
Desyne may suspend or terminate your account immediately without refund.
As explained in your agreement, your use of Desyne Services must be governed by all applicable laws and regulations, including all applicable local, state, national, and international
laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, trade secrets, obscenity, defamation, rights of privacy and publicity,
false advertising, and fraud.
In addition to such laws and regulations, when using Services you must use your best efforts to avoid interfering with any other person's use and enjoyment of Services. You must also
ensure that your use of the Services is governed by generally accepted rules of proper Internet conduct.
Please use your best judgment and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities.
Following these rules will ensure that everyone has a rewarding experience.
For purposes of the Prohibited Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through Desyne's services,
including material in print, graphic, pictorial audio, or audio-visual form.
- Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
- Fraud. You agree not to post or transmit any fraudulent content. This includes any content that you know or have reason to know is false, and that you intend for others to rely on.
- False Advertising. You agree not to post or transmit advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
- Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to any individuals, or entities. You further agree not to involve or associate Desyne in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an Desyne-hosted web site, and unsolicited advertisements sent from another service provider which request that replies be sent to an email address that receives any service from Desyne including DNS service.
- Copyright Violations. You agree not to post or transmit on or through any service any content that infringes another person's or entity's copyright in all or any part of the content.
- Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit any content that infringes, dilutes or otherwise violates another person's rights in its trademarks, service marks, trade dress, or other indicia of origin.
- Trade Secret Violations. You agree not to post or transmit any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
- Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography.
- Harassment, Threats, and Abuse. You agree not to use our services to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
- False Pretenses. You agree to not to impersonate any person, including but not limited to, an Desyne official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
- Inappropriate Content. You agree not to post or transmit any content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
- Disruptive Activities. You agree not to disrupt the normal flow of data, or otherwise act in a manner that negatively affects any of our other clients.
- Systems Abuse. You agree not to abuse Desyne;s system, or any other system accessible through the Internet via Desyne, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at Desyne or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
- SPAM, Chain Letters, etc. Don't even think about it!
- Abuse. You agree not to harass, threaten or abuse authorized representatives of Desyne, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse our staff.
- Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of Desyne or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
- Reselling. You agree not to resell Desyne services or products without an express written agreement with Desyne to do so.
- Web Space usage. You agree that any space you utilize over and above your stated limit will be charged at the current rate.
- Data Transfer. You agree that any data transmitted by your site or server, over and above the stated limit will be charged at the current rate.
- Current Billing Rates: account charges, including billing methods, rates, and surcharges for services, may be obtained by calling our office Mon-Fri 9AM-5PM EST.
Desyne provides access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on Desyne computer
servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, inaccurate, misleading,
defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.
As a matter of policy, Desyne does not pre-screen Content placed on Desyne's servers by any of its clients. Moreover, Desyne does not have the practical ability to
monitor, review, or restrict access to Content on Desyne servers prior to its transmission or to monitor all communications between parties. Thus, there may be Content on
Desyne servers, which may violate Desyne rules, and you may receive offensive and unsolicited Content that Desyne cannot control.
Desyne retains the right to remove Content from Desyne servers that violates its agreement (including these Policies). In particular, Desyne reserves the right to remove
or block access to material if it receives appropriate notice that such material infringes the proprietary rights of a third party, has actual knowledge of such infringement,
or is aware of facts or circumstances from which infringement is apparent.
Accordingly, Desyne cannot be responsible for any conduct, Content, goods, and services available on or through our services. Desyne suggests that concerned parents consider
using one of the commercially available software programs capable of restricting access to sexually explicit material on the Internet. However, no parental control software is perfect.
Your use of such software is solely at your own risk. Desyne makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or
Privacy of Communications
Desyne intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail. However, you agree that Desyne has the right, but not
the obligation, to monitor or disclose the contents of private communication, if Desyne, in its sole discretion, reasonably believes that such action is necessary: (a) to comply
with applicable law or valid legal process; (b) to protect Desyne rights or property; or (c) in emergencies when a person's physical safety is at issue.
In addition, Desyne reserves the right under appropriate circumstances to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to
otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
Goods and Services
Desyne does not control or take responsibility for any Content, goods, or services which our clients or independent third parties may make available on or through our services.
Internet users may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through out services. These should be avoided or approached
with ample skepticism. Please remember that Desyne does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content,
goods, or services, and your use thereof is solely at your own risk.
Your monthly account charges are payable after services are rendered. If you terminate your account, you will still need to pay for any portion due from the preceding month of service.
If you account is carrying a balance, the remaining unused portion will be returned to you within 30 days. If your account is terminated by Desyne because of violations of Desyne's
Agreement (including these Policies), you will not be entitled to any refund. Such forfeiture being agreed to you and Desyne as liquidated damages and not as a penalty and you may be
subject to a termination fee.
You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges
until you notify Desyne of a breach of security. Please be advised that the contact person or listed owner of the account is solely responsible for
activities conducted through, on or with their Desyne Services, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner.
If you, or someone to whom you have given access to your account, violates the Desyne Service Agreement, your account may be terminated.
If you pay by credit card, you expressly authorize Desyne to charge the credit card account number associated with your Account for charges that accrue from month to month.
You reauthorize Desyne to charge your designated credit card account each time you use our services. This authorization will remain valid until you terminate your authorization in writing.
Desyne may immediately terminate your account, in Desyne's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.
If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by Desyne within ten (10) days.
Your account will be considered to be in default if payment of your account charges is not received within fifteen (15) days after the date of your invoice. If your accounts are
still unpaid thirty (30) days after the date of your invoice, you may have your services interrupted or terminated.
If any instrument received in payment is returned to Desyne unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned
check charge of $25.00. If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your
services will relieve you of your obligation to pay the monthly service charges on your account.
If your account is in default, no work (including support or assistance) will be performed on your account. In addition, you are subject to an interest charge of 1.5 percent per
month, or the maximum allowable rate under state law. If you default on your account, you agree to pay Desyne its reasonable expenses, including attorneys fees and
collection agency fees, incurred enforcing Desyne rights under this Agreement.
Questions & Comments
If you have any questions or comments call our office Monday - Friday 9AM - 5PM EDT.