Terms Of Use                             

This agreement sets forth the terms and conditions agreed to between you, the service subscriber, and Davis Service Company. Use of the online services of Davis Service Company constitutes your agreement on all and any terms and conditions of this agreement and other supplemental policies. The terms may change without your prior notice.

Content

All services provided by Davis Service Company may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Davis Service Company from any claims resulting from the use of the service which damages the subscriber or any other party. All pornographic content and sex-related merchandising is prohibited on all Davis Service Company servers. This includes sites that may infer sexual content or links to adult content elsewhere. Davis Service Company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Davis Service Company servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites,etc... Davis Service Company will be the sole arbiter as to what constitutes a violation of this provision.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Davis Service Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation. No refund will be issued should a subscriber account is terminated because any terms and conditions listed here are violated by the subscriber.

Limitation of Liability

Although Davis Service Company assures that you receive a service as claimed, Davis Service Company in no way assumes ANY responsibility for ANY kind of loss associated with use of your virtual server by any cause including, but not limited to, Davis Service Company personal neglects, server failure, misuse by the subscribers or web hosting service clients, or God's act of any other kind. By using Davis Service Company web hosting service, subscribers or web hosting service clients agree to waive their rights to challenge Davis Service Company/Davis Service Company. in any legal form should any loss is caused during use of virtual servers.

Representations and warranties

Davis Service Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE Davis Service Company SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

Limitation of Liability

YOU AGREE THAT DAVIS SERVICE COMPANY WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS AND OR DAMAGE DIRECTLY OR INDIRECTLY CAUSED BY ANY REASONS INCLUDING, BUT NOT LIMITED TO (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS ASSOCIATED WITH YOUR DOMAIN REGISTRATION, (d) DYSFUNCTION OF THE WEB SITE USING YOUR DOMAIN NAME, (f) EVENTS BEYOND Davis Service Company'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR ORDER FOR DOMAIN REGISTRATION, DOMAIN RENEWAL, AND REGISTRAR TRANSFER, (h) DOMAIN DISPUTES UNDER THE ICANN DISPUTE POLICY OR ANY OTHER ADOPTED POLICIES FROM AUTHORITATIVE ORGANIZATIONS OR AGENCIES, (i) REGISTRATION SYSTEM FAILURE OR GLITCHES, (j) PERSONNEL NEGLECT FROM THE DOMAIN REGISTRIES, DOMAIN REGISTRARS, AND Davis Service Company, AND (k) GOD'S ACT. IN NO EVENT SHALL Davis Service Company'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES WITH THE UP LIMIT $500.00.

Indemnification of Davis Service Company

You agree to defend, indemnify and hold harmless Davis Service Company and its holding company Davis Service Company and their personnel and affiliates for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to services at Davis Service Company.

Representations and Warranties

DAVIS SERVICE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE Davis Service Company SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, Davis Service Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION, RENEWAL, REGISTRAR TRANSFER OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME.

Governing Law

You agree that any action to enforce this agreement shall be brought exclusively in the United States District Court in the state of Texas that has the jurisdiction over the area Davis Service Company is located in.