These Terms Of Service (TOS) are entered into by and between Dionom, Inc. (referred to as Dionom.com, Dionom, website, site, provider, seller, us, we, or our) and the entity purchasing and/or using our services provided by or through Dionom.com (referred to as viewer, user, purchaser, customer, you, or your). By using, viewing, or purchasing any product or service from this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms very carefully. If you do not agree to these terms, you should not use, view, or purchase any product or service from this website.

1. Acceptance of Agreement.

Subscriber represents and warrants that Customer is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by this TOS Agreement. Further, Customer represents and warrants all information provided by Customer to Dionom has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to Dionom.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although, subscribers of paid services offered through Dionom.com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by this TOS, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by this TOS, and assume full responsibility and liability associated with any failure of compliance with this TOS in connection with said minor's use of any of the Services. You agree to the terms and conditions outlined in this TOS with respect to our site (the "Site"). This TOS constitutes the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this TOS. This TOS may be amended at any time by us from time to time without any prior notice. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. This TOS incorporates our and Privacy Policy by reference. In the event that there is a conflict amongst these agreements the TOS will always prevail.

2. Services

Network, systems and/or software solutions provided and listed in detail by or through our Site hereunder are to be known as Services. A complete schedule of the currently provided Services is listed on Dionom.com under the tab “Services”.
Should the Service or Service Options change subsequent to the date of purchase (Effective Date), Dionom.com has no obligation to modify the Service provided to reflect such a change.
Certain aspects of the Service may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

3. Contact Information

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Service. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information. The entity set out in our records is considered by us to be our customer. If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect ownership and control of the Service.

4. Term

The "Effective Date" of this TOS will be the day on which you initially provide the contact information set out above. This TOS will begin on the Effective Date and continue for the term set out on the Product Description Page (Initial Term). After the expiration of the Initial Term, this TOS will renew for successive periods of equal length (Renewal Term). If the Product Description Page does not contain an Initial Term, the Initial Term shall be one month.

5. Payment

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to this TOS. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
You are responsible for the fees and charges set out on the Product Description Page (Fees). You may be charged 7 days prior to the date set out on the Product Description Page (Due Date). Our obligation to provide the Service is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Should the Service be suspended, for any reason, Fees will continue to accrue. Set up and domain name registration charges are not refundable for any reason.
If the Fees are not paid by your financial institution on the Due Date, your account will be considered delinquent. To reinstate your account, you will be required to pay, depending on the reason for the delinquency: (i) interest in the amount of 2.0% per month, or the maximum amount allowed by law; (ii) collection charges; (iv) any fees levied on us by our financial institution; and/or (v) an investigation fee of $500.
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Account Dionom.com will automatically renew Subscriber's Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber's current method of payment on file.
You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through Dionom.com (Third Party Services). Third Party Services may be billed separately from the Service. Fees for the Third Party Services may not be billed on the month on which they are delivered. You agree to pay for these Third Party Services regardless of the length of time elapsed between their delivery date and the date on which you are charged.

6. Bill disputes

If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least 5 days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "charge back" based on this dispute, and your charge back claim is past the Dispute Deadline, you will be charged a $200 investigation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.

7. Termination

7.1. Money Back Guarantee.

The Service carries an unconditional 30 day satisfaction guarantee (Guarantee). To cancel the qualifying Service and receive a refund, contact us within the first 30 days of the Effective Date for the particular Service. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund at our regular, non-discounted, domain name price. If you paid us by credit card we will credit the card on file, otherwise we will send you a refund in the same format as the submitted payment.
The Guarantee only applies to an individual Service for 30 calendar days following the Effective Date. If you purchase more than one Service from us, the Guarantee only applies to the Service that falls within this 30 day period.

7.2. Termination for convenience

Either party may terminate the Service by providing written notice to the other no later than 10 days before the expiration of the Initial Term or Renewal Term for that particular Service.

7.3. Termination for material breach

One party may terminate this TOS upon the occurrence of a material breach, if this breach has not been cured by the other party within 30 days of their receipt of written notice of the breach. A material breach shall be determined from the perspective of a reasonable business person with significant experience conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. Third Party Services may be part of the Service. A decision to cease offering Third Party Services will not be a material breach.

7.4. Termination for your violation of our policies

We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights, nor will you receive a refund of any Fees.

8. Use of the Services

Your use of the Services must be reasonable. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that they exceed the use of the Service of similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Service.
You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is "server ready" and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.
Upon termination or expiration, your account will be closed. We have no responsibility to forward e-mail, or other communications, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.

9. Licenses and Intellectual Property

9.1. License from Dionom.com to you

Dionom.com grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Dionom.com solely to access and use the Service. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Dionom.com’s technology shall remain with Dionom.com or Dionom.com’s licensors. You are not permitted to circumvent any devices designed to protect Dionom.com’s, or its licensor's, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

9.2. Licenses from you to Dionom.com

We may use information you provide to us for technical support, implementation, operation or administration of the Service (Operational Information). Operational Information, as well as aggregate information gleaned from the operation of our business in general, will be used to improve, or create new products and services. We shall be the exclusive owners of the resulting intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us and agree to cooperate with us to secure our rights.
You grant Dionom.com, and any third parties used by Dionom.com to provide the Service, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Service. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, your End Users, or your licensors.

10. Representations and Warranties

10.1. Reciprocal

We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.

10.2. Your Representations and Warranty

You represent and warrant to Dionom.com that: (i) you have the experience and knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from accessing the Internet; (iii) you will provide us with material that may be implemented by us to provide the Service without extra effort on our part; (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service; (v) that in entering into this TOS, and performing the obligations set out in it, you will not violate any applicable laws and regulations; and (vi) that you will make back up copies of your data even if you purchase "back up" services from Dionom.com.
You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all materials provided to Dionom.com, or which may be accessed or transmitted using the Service. You also warrant that to the extent you do business with other parties using the Service that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, DIONOM.COM HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. DIONOM.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DIONOM.COM IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICE PROVIDED BY US. DIONOM.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY DIONOM.COM. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO DIONOM.COM SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM DIONOM.COM, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

12. Limitation of Liability

You agree that Dionom.com has no liability, whatsoever, for (i) content that you or an End User access from the Internet; (ii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our system; and/or (iii) for your inability to access the publicly switched telephone network.
IN NO EVENT WILL Dionom.com’s LIABILITY HEREUNDER EXCEED THE AGGREGAGE FEES ACTUALLY RECEIVED BY DIONOM.COM FROM YOU FOR THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM DIONOM.COM SHALL BE INTERPRETED TO INCLUDE DIONOM.COM'S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH DIONOM.COM.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD DIONOM.COM OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF DIONOM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend and hold harmless Dionom.com and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Service; (ii) any violation by you of any of Dionom.com's policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (i) through (iv) include you, End User, visitors to your website, and users of your products or services, the use of which is facilitated by us.

14. General Provisions

14.1. Notices

Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you in our records.
Please refer to our website, Dionom.com, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Hosting.com policies should be directed to:
Dionom
Ukraine
Kiev 09022
Konstantinovskaya St., 2A

14.2. Force Majure

Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by the such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.

14.3. Choice of Law, Jurisdiction and Venue.

The parties agree that all disputes shall be brought before District Court of the Russian Federation. If the District Court may not consider the dispute, all disputes shall be brought before the Superior Court of the Russian Federation. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court.

14.4. No Waiver.

No waiver of rights under this TOS, or any Dionom.com policy, or agreement between you and Dionom.com shall constitute a subsequent waiver of this or any other right under this TOS.

14.5. Assignment

This TOS may be assigned by Dionom.com. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

14.6. Severability

In the event that any of the terms of this TOS become or are declared to be unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this TOS shall remain in full force and effect.

14.7. No Agency

This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

14.8. Survival

The following paragraphs shall survive the expiration or termination of this TOS: 1, 6, 11, 12, 13, 14.1, 14.3.