Terms of Service
Terms of Service
Acceptance of Terms
By using Dark Horse Virtue’s services, you are agreeing to these Terms of Service (“TOS”). It is important that you read and understand the TOS as they govern your use of our services. Dark Horse Virtue reserves the right to update and change the TOS from time to time without notice.
Description of Service
Dark Horse Virtue provides a variety of technology services (“Services”). You understand and agree that these Services are provided on an AS IS and AS AVAILABLE basis. Dark Horse Virtue disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client data.
User Conduct and Responsibilities
You agree that you are responsible for your own use of the Services, for any posts you make, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these TOS and any applicable policies or guidelines.
In addition, by way of example, and not as a limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, unless you own or control the rights thereto or have received all necessary consents.
Knowledgebase. Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at: Digital Footprint. These TOS govern where they conflict with anything posted in the Knowledgebase.
Services Offer. Dark Horse Virtue offers a number of different products and services. These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated, and the details at those websites do not modify or supplement these TOS or our Policies.
Domain Name Services
We resell domain names. When you apply to register a domain name, your request is transmitted to Enom LLC. By using our Domain Name Services, you agree to be bound by Enom LLC’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: https://www.enom.com/reseller/legal-policy-agreements/certified-reseller-terms-and-conditions/. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed, and we are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.
It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes on the rights of any third party, and we suggest you seek the advice of legal counsel before registering any domain.
Dark Horse Virtue will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. Enom LLC’s Transfer policy requires a 60-day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” Dark Horse Virtue currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60-day transfer lock. Any “Change of Registrant” as defined by Enom LLC’s Transfer policy will subject the domain to a 60-day transfer lock. Please note that the parameters that trigger the 60-day transfer lock are subject
SSL Certificates
If you order an SSL Certificate through us, you are responsible for providing accurate information and promptly notifying us if there are any changes to the information. You are also responsible for installing the SSL certificate on your website. We will use commercially reasonable efforts to provide the SSL certificate services but cannot guarantee that every attempt to generate an SSL certificate will be successful.
Software
We may provide you, for a fee or as part of the Services, with software developed by third parties, including ‘one-click installs’. In addition to the terms set forth herein, your use of such software may be subject to additional terms and conditions imposed by the third-party provider. We do not offer support for third-party software. We are not responsible for any changes to or interruptions of your Services due to installation of third-party software.
We may provide you, for a fee or as part of the Services, with software that we have developed. You may use such software solely in conjunction with the Services. You may not transfer, distribute, reverse engineer, or otherwise use our software except as expressly authorized by us.
Suspended and Terminated Accounts
If your account is suspended or terminated, we may, at our discretion, delete your data, files, and other information stored on our servers. We do not assume any responsibility to save or keep a backup of your data, files, or other information and cannot guarantee that data, files, and other information will be available upon your request. You are encouraged to keep a backup of your most current data, files, and other information. You acknowledge and agree that we are not responsible for any loss of data, files, or other information.
If you wish to retrieve data from a suspended or terminated account, we may attempt to recover the data from the most recent backup for a fee. We do not guarantee the availability, completeness, or timeliness of the data recovered.
30 Day Money-Back Guarantee
We offer a thirty (30) day money-back guarantee on Shared Web Hosting, Reseller Hosting, and VPS Hosting packages. If you are not fully satisfied with our services within the first thirty (30) days, you will be given a full refund of the amount paid for the hosting service excluding any setup fees, domain registration fees, add-on/upgrade fees, and overages.
This money-back guarantee does not apply to dedicated servers, administrative fees, install fees for custom software, and domain name purchases. Only first-time accounts are eligible for a refund. If you’ve had an account with us before, canceled, and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused.
Refund requests for accounts cancelled/terminated by Dark Horse Virtue for violating our Acceptable Use Policy do not qualify for the thirty (30) day money back guarantee. For free domain registrations, the retail price of the domain will be deducted from the refund amount upon cancellation to cover our costs.
Please note that refunds are only available if requested via our cancellation form. We will not provide refunds if we terminate your hosting service for a violation of our Acceptable Use Policy or other violation of our Terms of Service.
Privacy Policy
Dark Horse Virtue deeply respects the privacy of its users. Our Privacy Policy explains our practices relating to the collection and use of your information through or in connection with our Services. By using the Services, you signify your agreement to this Privacy Policy.
Billing and Payment
You agree to pay all applicable fees related to your use of our Services. All fees are exclusive of applicable taxes, levies, or duties, which you will be responsible for. If Dark Horse Virtue cannot charge your payment method for any reason, we reserve the right to either suspend or terminate your access to the platform and account and terminate these TOS.
Development Billing Terms
All development services and solutions are billed at a non-negotiable rate of $47 USD per hour. Development hours are billed separately and on a per-project basis by Dark Horses USA and managed by Problem Solver.
Development Payment Terms: Payment is due by the last day of the subsequent month of services rendered. A 10% late fee applies if payment is received after the due date. Non-payment beyond 30 days may result in suspension of services and/or legal action to recover owed amounts.
For more information on web development services, click here.
Intellectual Property Rights
All materials on Dark Horse Virtue’s Services, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Dark Horse Virtue or by third parties that have licensed or otherwise provided their material to us.
Termination
Dark Horse Virtue reserves the right to suspend or terminate your account and prevent access to the Services for any reason, at our discretion. Dark Horse Virtue reserves the right to refuse to provide the Services to you in the future.
Dispute Resolution
These TOS and any dispute arising from or relating to these TOS or the provision of our Services shall be governed by the laws of the jurisdiction in which our company is registered, without giving effect to any conflict of laws principles.
Changes to These TOS
Dark Horse Virtue may revise these TOS from time to time, and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via an email to the email associated with your account.
Contact Information
If you have any questions or concerns about these TOS, please contact us at billing@darkhorsevirtue.io.
Pro Associate | Terms & Conditions
Introduction
This agreement governs the relationship between Dark Horse Virtue (“Company”) and the Pro Associates (“Associate”) participating in the Company’s affiliate program. By participating in the program, the Associate agrees to abide by these terms and conditions.
1. Commissions
1.1 Commission Rates
Associates will earn a commission rate of fifty-three percent (53%) on referrals to the Company’s hosting services.
1.2 Payment Terms
Commissions will be paid on a monthly basis, with a net-30 payment term. The Company reserves the right to verify all commissions before payment and to adjust the commission rate based on customer refunds or chargebacks.
2. Responsibilities of the Associate
2.1 Promotions and Marketing
Associates may promote their web development skills and services to potential clients, in connection with promoting the Company’s hosting services. Associates are expected to utilize marketing materials responsibly and ethically, refraining from misleading representations or false claims regarding the Company and its services.
2.2 Lawful Conduct
Associates must conduct themselves lawfully, and any unlawful actions taken by an Associate are strictly prohibited and may result in termination from the program.
2.3 Independent Contractor Status
Associates are independent contractors and are not employees of the Company. Associates are responsible for complying with all applicable laws and regulations.
3. Limitation of Liability
3.1 Company Liability
The Company is not liable for any actions, conduct, or commitments made by an Associate outside of the scope of the services described in this agreement.
3.2 Warranty Disclaimer
The affiliate program is provided “as-is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
3.3 Indemnification
Associates agree to indemnify and hold the Company harmless from any claims, damages, or expenses (including legal fees) arising out of the Associate’s breach of this agreement or unlawful conduct.
4. Termination
4.1 Termination by Company
The Company reserves the right to terminate this agreement at any time, with or without cause, by providing notice to the Associate.
4.2 Effect of Termination
Upon termination, the Associate will cease all promotional activities on behalf of the Company and will be ineligible to earn future commissions.
5. Miscellaneous
5.1 Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings regarding the subject matter herein.
5.2 Amendments
The Company reserves the right to amend this agreement at any time, with changes effective upon notice to Associates.
Acceptance
By participating in the Dark Horse Virtue Pro Associates program, the Associate signifies their acceptance of this agreement and agrees to comply with all its terms and conditions.
