Terms and conditions

Data Room, Inc ("Server Room") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Server Room's Service constitutes acceptance and agreement to Server Room's AUP as well as Server Room's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Server Room and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Server Room. Subscriber understands that change to the AUP by Server Room shall not be grounds for non-payment. Server Room reserves the right to cancel or suspend any account for any reason. An account may be cancelled or suspended immediately when any breach of the following Terms of Service is found, in such cases no refund will be issued. Setup fees (if any) will not be refunded.

Privacy Policy. Server Room respects your privacy! Any and all information collected on this site or our affiliates will be kept strictly confidential and will not be sold, rented, disclosed, or loaned! Any information you give to us will be held with the utmost care and will not be used in ways that you have not consented to.

Communication. Server Room will communicate with its customers through e-mail on issues related to our service. It is the responsibility of the customer to check any e-mail sent to the e-mail address provided. The customer is responsible to notify Server Room of any e-mail address changes.

Account Billing. Accounts will be charged each billing cycle unless a cancellation notice is received at least 5 days prior to the end of a billing cycle. The contract will be automatically terminated if an account is past due for more than 10 days. Server Room will refund any cancellation of accounts within 3 days of the order being placed with a written request from the account holder.

Refunds. The refund will be in the same form as the payment. If a credit or debit card payment, the refund will be given against the same card number. If a cheque or postal order, a cheque will be sent. If a PayPal payment, the refund will go to the same PayPal email. Server Room has a NO REFUND policy concerning our Streaming Events service. We allocate exactly the resources you need for your event even if this means refusing to stream other customer's events that may occur at the same time. We therefore strongly recommend that before payment you determine exactly what resources you will need for your event. You can do this by using our on-site bandwidth calculator.

Account Uses. Server Room does NOT allow the following to be stored on host servers: illegal materials, copyrighted or offensive adult materials, warez, copyrighted materials and anything that does not abide with city, state, and federal laws, or links to the above materials. Server Room does NOT tolerate spamming or spoofing. Customers are not allowed to use our servers, e-mail, URL or IP address hosted on host servers to send unsolicited commercial messages and/or communications in any form. Any accounts found to be involved in spamming will be cancelled immediately without refund and the account holder will be liable for all costs involved to recover any damages plus administration costs. The account holder will be responsible to make sure the users of his or her account fully comply with the Terms of Service.

Bandwidth and Resources. Server Room offers an unlimited bandwidth policy by maintaining large ratios of bandwidth per customer. In rare cases, Server Room may find a customer to be using server resources (including bandwidth, processing power and stored e-mail) to such an extent that he or she may jeopardize server performance and resources available for other customers. In such instances, Server Room reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of the servers.

Disclaimer. Server Room makes no warranties of any kind, whether expressed or implied, for the service it is providing. It is the responsibility of the customer to backup any files and e-mails stored on host servers. Server Room will not be responsible for damages or losses the customer suffers, and any consequential damages or losses. This includes, but not limited to the loss of data, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of any third parties.

Acceptable use policy

Scope. This acceptable use policy ("AUP") is an integral part of the Contract between Server Room and the Customer.

User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.

Customer's Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.

Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which Server Room deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact Server Room in advance and request permission. For example, Server Room considers the following actions or content to be illegal or offensive:

• Use of the Services in connection with fraudulent activities.
• Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations.
• Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence.
• Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts.
• Promotion of illegal material or products.
• Unauthorized access to, or attempting to access, systems, networks or data.
• Use of a user account or computing without the owner's authorisation.
• Collection of user information such as email addresses without the consent of the person identified (phishing).
• Monitoring of network traffic or data without authorization.

Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Server Room's written consent.

Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services. For example, Server Room considers the following actions to be disruptive on the operation of the Services:

• Intentional or careless use of the Services in excess of a typically expected server load, such as continuously high CPU or I/O use rate.
• Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements.
• Measures which are mainly aimed to circumvent, or interfere with, the monitoring, controlling, or charging of the Services by Server Room.