General
In no event will Driven 2, LLC (Driven 2) be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Driven 2’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.Customers must adhere to our Acceptable Use Policy.
Customers must inform us of regulatory issues that may arise from their use of our services. You may not use our services for the storage, processing or transmission of Protected health information. Customers within the European Union must comply with EU GDPR and other applicable data and privacy regulations, and hold Driven 2 LLC harmless for any of their breaches of GDPR.
Our services are provided to the customer alone. You may not redistribute the service in whole or in part, without the prior written consent of Driven 2 LLC.
Data/Backups
Backups are provided are as a courtesy, and we do not warrant their availability, usability or completeness. We are not liable for any loss of data for any reason. It is the customer's responsibility to maintain adequate off-site backups of their data.Customer acknowledges hardware or Software RAID is not a form of data backup.
Ordering
All orders must include your company name (if applicable), real name, street address, phone number and e-mail address. Providing false information may result in immediate termination of your account without a refund.Orders are deployed in the order in which they are received.
Payment is required before services are provided.
Services are setup within 3 business days of order payment. This does not include web site transfers - start and completion times depend on the transfer information given, size and complexity of the web site.
All services are month to month, and automatically renew unless you have completed a cancellation request for each service.
Billing
Due to the nature of our industry and the cost involved in maintaining your service, we do not offer refunds. When you order your service, you are billed for an entire month up front.Invoices are generated and e-mailed to you 14 days before they are due every month. The due date is the day we originally started the service. Invoices have a payment link for payments through PayPal, Stripe (credit and debit card) or Venmo.
If your payment is declined or you fail to submit payment 5 days after due date, your services will be suspended until we receive full payment. An e-mail payment reminder is sent to you on the following days:
–1 day before the invoice is due
–The due date.
–1st Reminder: 1 day after due date
–2nd Reminder: 3rd day overdue
–3rd and Final Reminder: 4th day overdue
We do not telephone or send postal mail notifying you of your suspended services. If you are concerned that an e-mail may not reach you, then you should proactively check your account for outstanding invoices.
A $5 late fee will be added to your current overdue invoice if its 5 days past due. It will be paid by automatically charging your default payment method that is on your account.
Your monthly bandwidth usage allotment is calculated by your total transferred both inbound and outbound traffic. Bandwidth overages are invoiced following the usage period.
Failure to make payment past an invoice’s due date may result in your services and account being terminated. Terminated services data will be erased and non-recoverable. In no event shall Driven 2, LLC staff be responsible for loss of data.
A billing dispute or issue of any kind does not exempt you from paying current and or future invoices. Billing disputes resolved in the customer’s favor will receive an account credit for over payment. If any charge-backs occur on your credit card, Stripe, Venmo or PayPal account at any time, we reserve the right to terminate all services without notice.
Cancellations
All cancellation requests must be submitted before the next renewal period date for each service you want to cancel. This can be done in your customer support panel under the active service you want to cancel and select Request Cancellation.Failure to cancel your service before the next renewal period date will result in the service renewing automatically and you will be charged for an additional full month of service.
Security/Abuse
Violations of system or network security are prohibited, and may result in criminal and civil liability. Driven 2, LLC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
Piracy, hacking, cracking, phreaking, warez, human trafficing, pyrotechnics, exploitative software or text that educates or encourages this activity and/or use is not allowed.
You may not upload ROMs and Emulators. This is non-negotiable.
You may not publish any material that is grossly offensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group. Pornography is not allowed.
Spam is not allowed, and you may not reference Driven 2, LLC in any unsolicited email that you send. You may not link from spam messages to websites hosted here. If you receive multiple abuse complaints, spam listings or hit spam traps your services may be suspended or terminated without prior notice.
You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America, and the country where you or your company is located.
You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
In no event will Driven 2, LLC be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Driven 2’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
We reserve the right to terminate any account without warning or notice if any of our terms or restrictions are violated and we reserve the right to examine the contents of any account at any time.
We will not give a refund if you are terminated due to violations of our terms or policies.
If we receive abuse complaints about your service and you fail to correct these issues or respond to our security department, we reserve the right to suspend or terminate your service.0
You may not use Driven 2, LLC our services for mining crypto currency.
Service Level Agreement
Our hosting services shall be made available for a least 99% of each service period. Will will provide a pro-rated credit for downtime beyond 99%, unless the downtime is scheduled at the customer’s request, or when shcduled infrastructure and software updates are made. Credit must be requested within 15 days of the downtime. It is your responsibility to select a service that meets your requirements.For managed servers, Driven 2 shall provide you with:
-Server software updates
-Uptime monitoring with 5 minute resolution
-Software updates when you purchase our software update service with your plan. This does not include 3rd party add-ons.
-Offsite backups: 7 daily and 4 weekly
-Web control panel with database manager, file manager, SSL manager, Multi-PHP manager, backup manager, FTP manager, email manager
-For non-emergency requests, a response time of 1 business day.
-For emergency requests, 2 hour response time during business hours, and 4 hour response time during non-business hours.These are “best effort” response times. There may be circumstances where we cannot respond within these times, and we will make an effort to communicate any delays. Our business hours are 9:00 am to 5:30 pm US Central Time, excluding US holidays and dates we announce on our web site.
- You may make service requests via email, our service ticket system or website. We do not warrant we may resolve problems, and may resort to restoring backups with your permission. We do not provide support for problems caused by third party addons.
Data Protection
For our European Union customers:By providing hosted services to You and Your site visitors, We are a "Data Processor" as defined by data protection regulations including GDPR (EU Regulation 2016/679), UK GDPR (Data Protection Act 2018) and a "Service Provider" as defined by CCPA (California Consumer Privacy Act of 2018). We undertake to comply fully with our obligations under these laws.
By using the Service, You acknowledge that We will necessarily Process Your personal data and that of Your site visitors to Your website. We will not Process, use or disclose this data except as is required to provide the Service, or for internal administrative purposes except with your prior written agreement.
Should We receive a proper and correct request from an individual to disclose or modify data pertaining to that individual, We will work with You to satisfy this request as You comply with Your obligations under the applicable laws
We shall regularly review systems and processes to ensure the security of data against theft or loss. In the event of a breach of data security or a significant loss of data that can not be repaired, or a suspicion that such an event has occurred, We shall without undue delay notify You of the details of the event, and work with You to investigate the circumstances surrounding the event with a view to preventing future issues. We will not disclose the details of such events to third parties without Your prior written consent except as is required in law.
Questions relating to data protection issues, including requests for information, should be addressed in writing to [email protected].
Disclaimer of Warranties
The Service is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement.You acknowledge that the Service has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Service meet your requirements prior to purchase. You acknowledge that the Service may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of this Agreement.
Limitation of Liability
Our liability for losses suffered by you, arising out of or in connection with this Service (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to the total amount paid for the Service during the month of the event.. We shall not be liable for indirect, incidental, or consequential damages of any kind, including loss of income or profits, loss of goodwill, loss of data, or the like. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.This Agreement sets out the full extent of Your obligations and liabilities in respect of the supply of the Service. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on You except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Service which might otherwise be implied into, or incorporated in, this Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
