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Terms of Service

By using the DAPROSE-SBD web site, ("SERVICE"), you agree to be bound by the following terms and conditions ("Terms of Service").

DAPROSE-SBD reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current service including the release of new tools and resources, shall be subject to this Terms of Service. The use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.daprose.com/sbd/termsofservice.asp

Account Terms

  1. You acknowledge and certify that you are at least 18 year old and hold legal capacity to enter into any legal agreements.
  2. You must provide your legal name, a valid email address, and any other information requested by this service in order to complete the signup process.
  3. Your login may only be used by one person - a single login shared by multiple users is not permitted.
  4. You are responsible for maintaining the security of your account and password.
  5. DAPROSE-SBD cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
  6. You are responsible for all content posted in the system, and for all the activity that occurs under your account (even when content is posted by others who have accounts under your account or had used you account with or without your consent).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in our or your jurisdiction (including but not limited to copyright laws).
  8. Pornography and adult materials are strictly prohibited.

Payment, Refunds, Upgrading and Downgrading Terms

  1. Free accounts are not required to provide any type of payment information.
  2. A valid credit card, electronic check or PayPal account is required to pay for the use of this service once the free trial period has ended.
  3. If you initially sign up for a FREE TRIAL and you do not cancel that account within 30 days, you will receive a notification e-mail after the TRIAL PERIOD allowing you to begin paying for your subscription. If you choose not to pay once your trial period has expired, your account will be suspended until payment is received. If you pay or enter your payment information before the 30-day trial period should end, the trial ends on the same day and your billing period starts the same day as well. If payment is made after the 30 day period. Your service starts on the date you make the first payment. There are no additional charges for delayed payments.
  4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or early cancelations, upgrade/downgrade refunds, or refunds for months unused by an open account. In order to treat everyone equally, no exceptions will be made. If you insist on an early termination, we will have to charge you all services itemized individually at the rate of $200 for setting up your account, and $200 for manually closing your account on the date you claim, additionally you will be charged an early termination fee of $150, plus your daily usage rate at the rate of 2 times the amount of each regular monthly rate divided by the days in the month you wish to cancel.  For these reasons, we recommend everybody to just let the system handle all cancelations and expirations automatically.
  5. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for paying such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. All services whatever they are have a definite non-refund policy.

Modifications to the Service and Fees

  1. DAPROSE-SBD reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. DAPROSE-SBD reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the DAPROSE-SBD website or blog.

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account.
  2. You may cancel your account from the "My Account" page after logging into your account. If you are paying by PayPal, you are also responsible for canceling your PayPal subscription to the DAPROSE-SBD to prevent them from sending any further payments.
  3. All of your Content will be immediately deleted from the Service upon cancellation.
  4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  5. DAPROSE-SBD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. DAPROSE-SBD reserves the right to refuse service to anyone for any reason at any time without refunds.

Copyright and Content Ownership

  1. DAPROSE-SBD owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service including many of the individual features and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile or dissemble any aspect of the Service which DAPROSE-SBD owns.
  2. DAPROSE-SBD claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service, you agree that others, known or unknown to you may view and share your Content.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided to you and your customers on an "as is" and "as available" basis.
  2. You acknowledge that we do not guarantee that the service is free of from any defects or malfunctions. You will hold us harmless of any such defects even in the situations that we are aware of any problems or defects.
  3. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of DAPROSE-SBD.
  4. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  6. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the internet.
  7. You may not use the service to transmit any viruses, worms, or malicious content.
  8. DAPROSE-SBD does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. DAPROSE-SBD, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service or any type of harm produced by the service, is to stop using the Service.
  10. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  11. The failure of DAPROSE-SBD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DAPROSE-SBD and govern your use of the Service, superseding any prior agreements between you and DAPROSE-SBD (including, but not limited to, any prior versions of the Terms of Service).

Content Restrictions

All services provided by DAPROSE-SBD 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. Some prohibited contents are (but not limited to) copyrighted material, material we judge to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DAPROSE-SBD and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Pre-designed art If you have ordered a page ad, submit your ad as a single file in *.JPG, *.BPM, or *.TIFF format, in black and white, or color, send via email to: support@DAPROSE-SBD If you choose that we design your art Scan and submit all relevant logotypes and documents pertaining the identification of your business, products and/or services in *.PDF, *.PPS, *.GIF, *.JPG, *.BPM, or *.TIFF formats, in black and white or color. Send all files via email to: support@DAPROSE-SBD Usually logotypes distort themselves when stretched or enlarged, if you have logos already made, please send them in as many sizes as possible, as this is important to us when designing your ad. Ad location (category) At DAPROSE-SBD discretion and considering your suggestion your ad will be placed at one location only, (one category), the first ad is first, the last ad is last. If there are no other ads in that category, yours will be the first. DAPROSE-SBD may and will incorporate an ad rotation policy at any time in order to provide a fair opportunity to all our advertisers. Ad design change Provided that you yourself produce your own ads, you can change your ad as many times as you like. After the initial post of your ad, there will be a symbolic flat fee of $49 per change to cover the cost of man-hours involved to make the change. If we are chosen to produce a new ad for you, you will also be billed an additional $199 for the new design. For the purpose of changing ads, a change to an ad is considered a new ad. Ad category change Although DAPROSE-SBD reserves the right to place your ad in a matching category, you can request a change of category as many times as you like. After the initial posting, there will be a symbolic flat fee of $49 per change to cover the cost of man-hours involved in changing categories. Ad cancellation and no refund policy Whether an ad cancelation is initiated by you or by DAPROSE-SBD, (due to a breach of policies, rules or regulations), or just by your own desire, there is no reimbursement of any fees paid to DAPROSE-SBD Pornography is prohibited This includes sites that include sexually explicit or hardcore images and/or advertising. We allow sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your ads. DAPROSE-SBD reserves the right to determine what is and what isn't acceptable for our servers. Any MP3 archives, downloads and streaming is strictly prohibited in any shape or form. DAPROSE-SBD will not allow users to store, offer downloads or streaming of copyrighted mp3s or those audio files violating copyright law. This would also apply to video files. Any ad found to be doing so will be removed immediately from our servers without notice and there will be refunds whatsoever, even if it is within the initial period covered under our money back guarantee. We do allow audio files that are not copyrighted, to be stored, downloaded or streamed from our servers. Promulgation of viruses Using your account or ads to store or distribute viruses is strictly prohibited. Any violation or activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action will be taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination without refund. Also prohibited are sites that promote any illegal activity or present content that may be damaging to DAPROSE-SBD servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software or serial numbers Hacker programs or archives Warez sites DAPROSE-SBD will be the sole arbiter as to what constitutes a violation of this provision. Ads or sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it. Transfer (Bandwidth) Each Web Hosting account (if you have chosen one) is allowed a certain amount of bandwidth (please see our hosting plans page to see the amount allowed for your plan). Should a client exceed it's limit, there maybe an excess charge over the allocated amount. It should be noted that we seldom had an instance where a client has been billed for extra transfers. Most of our clients don't even come close to their limit per month. Please let us know if you have any questions about this and we would be glad to assist you. Commercial Advertising - Email Since spamming is illegal in many states and countries we cannot afford to let spam mail pass through our servers under any circumstances. If you plan on using your account for unsolicited, bulk emailing, please stop right here and do not sign up for an account with us. Should we discover that (1) you are sending spam through our servers -Or- (2) sending spam that links to pages on our servers, your account will be immediately deleted without notice and no refund of any kind will be made. DAPROSE-SBD will be the sole arbiter as to what constitutes a violation of this provision. Background Running Programs Clients are not allowed to operate any background processes without prior approval from DAPROSE-SBD. We may allow other non-abusive programs to run continually in the background but these are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Note that any account found to be running background processes such as IRC bots, eggdrop, BitchX, port scanners, and so, will be suspended without prior notice. IRC IRC, IRC bots or IRC clients are strictly prohibited to be operated on our servers. Server Abuse Your account may not be used to interfere with or disrupt the service or servers or networks connected to DAPROSE-SBD, or disobey any requirements, procedures, policies or regulations of networks connected to DAPROSE-SBD . Any violation will result in immediate removal of the ad or web site from our servers without notice and refund of any fees paid in advance. Refusal of Service Depending on the severity, DAPROSE-SBD reserve the right to refuse, suspend or cancel service at our sole discretion if client violates any part of this Terms of Service. This is necessary in order to prevent further damage. DAPROSE-SBD will take all reasonable efforts to rectify the violation with the customer before canceling a customer account. Limitation of Liability DAPROSE-SBD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DAPROSE-SBD servers going off-line or being unavailable for any reason whatsoever. Furthermore, DAPROSE-SBD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of the DAPROSE-SBD servers. All damages shall be limited to the immediate termination of service and the refund of the remaining unused amount paid in advance, if any. Reporting Abuse and Violations Violations of these Terms of Service should be reported to abuse@DAPROSE-SBD All complaints will be investigated promptly. Account Activation By signing up for any of the services offered by DAPROSE-SBD, client agrees to hold DAPROSE-SBD and any and all of its officers, directors, stockholders and employees, safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by DAPROSE-SBD. The transfer of a domain owned by a client to a server utilized by DAPROSE-SBD or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by DAPROSE-SBD by client regardless of whether or not client has paid for said services at any given time. Account Cancellations In order to maintain our low fees, they are calculated on a 1 year term bases or more. We have a no-refund policy. In case a dispute arises regarding an early termination of service, we will have to charge you separately the prorated monthly charge fee you applied for at a regular rate, plus the initial setup fee ($55) for starting your Web site, and again a setup fee ($55) for closing down your Web site before the due date. When you need to cancel an account, please email us at: support@DAPROSE-SBD and our billing representative will be in touch with you if it is applicable to your situation. If you would like to cancel your account before your Hosting Account is due for Renewal, please contact us at least 7 days prior to the date that you would like your account to be closed, or you may risk being automatically re-billed for the next billing term. DAPROSE-SBD will send you an email reminder one month prior to your hosting account renewal date. Should you decide to stay with DAPROSE-SBD or if you would like to cancel, please reply to our email and let us know at least 7 days prior to the renewal date. DAPROSE-SBD retains the right to change any or all of the above Policies, Guidelines, and Disclaimer from time to time as maybe required by law or as necessary in order to maintain the quality of service. Articles, e-News, Comments, and Suggestions Any messages or information you post becomes the sole property of DAPROSE-SBD site operator and may or may not be displayed, at the sole discretion of the site operator or any authorized editors. Your message may be edited, cut, added text, or improved to enhance your article appearance, to correct grammar mistakes, to fix misspellings, or to adhere to the objectives of this web site. The posting of copyrighted or illegal material is prohibited, you must obey all applicable local laws, including those of the server and site owner. You may not post information invasive of another's personal privacy rights, harassment, libelous, or information of a confidential or copyrighted nature. Most services are provided as a public service and your usage of this service may be terminated at any time by the site operator without prior notice. Information submitted to the system should not be considered confidential or private and may be revealed as part of normal system operations. No warranty of service is implied. If you have further questions, you must contact the site operator before continuing. By using this system you acknowledge that you understand and agree to these conditions.


If you can't find it here, ... chances are it doesn't exist. DAPROSE ABOUT SBD PRIVACY POLICY TERMS OF SERVICE
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