Terms of Service

All services provided by DataFly.Net are to 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 or any Japanese national or regional law is prohibited. This includes, but is not limited to: copyrighted material, material which we judge to be threatening or obscene, or material protected by trade secrets. DataFly.Net is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to DataFly.Net servers or any other server on the internet. Links to such materials are also prohibited. This includes, but is not limited to adult sites, pirated software, hacker programs/archives, MP3, and Warez sites.

We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our servers.

Spamming, or the sending of unsolicited email, from a DataFly.Net server or using an email address that is maintained by DataFly.Net is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. DataFly.Net will be the sole arbiter as to what constitutes a violation of this provision. Additionally, claims investigated by DataFly.Net about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.

Any attempts to undermine or cause harm to any DataFly.Net server or customer of DataFly.Net is strictly prohibited. DataFly.Net holds no responsibility for the use of our clients' accounts. Any abuses of resources may result in immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive CPU cycles, RAM or other resources that cause strain to other sites may also be offered new terms.

All sites hosted by DataFly.Net have the privilege of unthrottled bandwidth. This means your site is placed on our ultra fast servers and connected to multiple backbones which allow a user to surf your site at unrestricted speeds. Your are not penalized for the high bandwidth web surfer that creates high traffic spikes. However, if your site's monthly usage is above your monthly total allotment you will be asked to upgrade your hosting package or pay bandwidth overage fees of $2/GB monthly overage.

DataFly.Net is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. All DataFly.Net servers provide some measure of backup, either in the form of mirrored hard drives or daily backups to a second hard drive. However, no backup scheme is foolproof and we can not be held responsible for any data loss or corruption.

Credit card billing is automatically processed monthly, quarterly, or annually according to your billing cycle. Clients who reside in Japan and pay by Bank Furikomi will be notified by email 14 days before the billing cycle has expired. Any account for which payment is overdue may be suspended or terminated without notice.

All cancellations must be sent to sales@datafly.net. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable. We reserve the right to remove any account without advance notice for any reason at any time without prior notice.

DataFly.Net cannot be held accountable or liable for any data loss whatsoever. Safekeeping of data is the sole responsibility of the client.

We reserve the right to refuse, cancel, or suspend service at our sole discretion. These terms may be modified at any time and without notice. All users previous and new are subject to the latest terms posted at: http://www.datafly.net/tos.php