Decibite and parent company Negative0 Information Services Incorporated provides internet services and offers data storage and transfer services through access to its servers.
Our clients run their own projects that we support with technical services and support. All client projects and data is their property and Decibite/Negative0 is only acting as a service provider and consultant.
Decibite/Negative0 are responsible for maintaining server and service accessibility from the general internet, monitored by 3rd party services. Decibite/Negative0 will make every effort to assist clients with local or downstream issues, but we are unable to open tickets with other internet service providers to troubleshoot a client issue.
Decibite/Negative0 will make every good faith effort to ensure the reliability and availability of our servers. We work to minimize service interruptions. Regular maintenance can interrupt services, but proper notification will be provided and any conflicts will be managed.
Now without further ado, the continued details.
Decibite/Negative0 will use reasonable efforts to make all services available 99.9% of the time during each monthly cycle. If Decibite/Negative0 is unable to meet this service level (properly notified maintenance excluded) a refund/credit will be provided at a rate of 10% monthly fee per 1 hour total monthly downtime. For example, 3 hours of downtime in one month on a $150/year VPS would result in 30% of May being refunded, a $3.75 credit/refund.
For the purposes of this agreement, Unavailability means that either (a) the service is unresponsive, or (b) a server error is returned for valid user requests consecutively for more than 60 seconds of the initial test.
Decibite/Negative0 shall not be liable for any products sold, taxes or other fees to be paid, or other considerations with business transacted on our servers. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
The following are knowledge examples that can facilitate support offered:
Use of our service requires the proper rights to use the trademarks and copyrights applicable to all content and/or products being made available through the account. We will investigate all abuse reports and notify the account owner.
The managers and bill payers of Decibite/Negative0 accounts must be at least 18 years of age or have a parent or legal guardian act as the "customer" or “user” in terms of this contract. All account details can be shared with account managers or bill payers, but security questions may be asked.
Some exceptions may be made in extreme circumstances. Please contact support if you have any questions.
Termination by either party without cause can be made at any time. Decibite/Negative0 accept terminations by eMail, or via our ticket system. Notwithstanding the above, Decibite/Negative0 may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment.
Customer agrees that it shall defend, indemnify, save and hold Negative0 Information Services Incorporated harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Negative0 Information Services Incorporated, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Negative0 Information Services Incorporated against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Negative0 Information Services Incorporated; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold via Decibite/Negative0 account.
Customer agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Decibite/Negative0 under this Agreement to any destination, entity, or person prohibited by the laws or regulations of Canada. Customer agrees to indemnify, to the fullest extent permitted by law, Negative0 Information Services Incorporated from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive the termination or cancellation of this Agreement.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Decibite/Negative0.
These Terms and Conditions constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by both parties upon renewal of services.