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Terms of Service (TOS)

Three Point One Four International Consulting (Beijing) Company, Limited

Version 2008-01-08.01

The use of Three Point One Four International Consulting (Beijing) Company, Limited [hereafter referred to as “3.14”] services is governed by and constitutes an agreement to the following terms:

Service:

Age: Customer attests that they are of legal age to enter into this contract or that their parent or legal guardian will act as legal representative.

Payment: Customer agrees to pay for 3.14 services on time for specified term. Billing cycle begins at account activation. Failure to pay on time may result in account deactivation. Expired accounts may be assessed a fee for reactivation.

Renewal: For Customer who uses automatic payment methods and sign up for automatic renewals, a good faith effort to contact the Customer will be made and the payment deducted 10 days prior to account expiration.

Taxes & Other Fees: Customer is responsible for payment of all applicable taxes and fees resulting from the purchase or use of 3.14 services.

Customer Information: 3.14 makes a good faith effort to send e-mail notices to Customer prior to renewal and for various other service-related issues. Customer is required to keep all contact information accurate and up-to-date.

Resource Usage: In the event Customer uses an excessive amount of server resources (as determined by 3.14), 3.14 reserves the right to request that Customer either upgrade the web hosting package or reduce server resource usage for the account.

Service Availability: Customer bears sole risk for use of 3.14 services. 3.14 strives to maintain 100% uptime, however 3.14 provides no uptime guarantee. 3.14 is not responsible for losses or damages caused by unavailability of service. 3.14 attempts to maintain regular backups of data on system; however, 3.14 does not guarantee against the loss of information on 3.14 systems.

Equipment: Customer is responsible for providing all equipment (hardware) and programs (software) required to access and utilize 3.14 services.

Changes to TOS: 3.14 reserves the right to alter the Terms of Service at any time. A good faith effort will be made to contact Customer to inform them of the changes.

Prohibited Content and Activities:

Restricted Activities: Only lawful activities may be conducted using 3.14 services. Prohibited content and activities include, but are not limited to, child pornography, unauthorized use of copyrighted content, phishing, pharming, and spamming.

Customers who have purchased 3.14 shared web hosting accounts may not resell the web hosting services to others.

Penalties: Violations of 3.14 Terms of Service may result in the immediate suspension of Customer’s account. More serious violations of 3.14 Terms of Service may result in immediate termination of Customer’s account without refund. At 3.14’s discretion, a backup copy of the offending account may or may not be provided.

Cancellation:

Customer must submit written cancellation to cancel@DIYwang.com. Customers taking advantage of the automatic renewal service must submit cancellation at least 15 days prior to account expiration. No refunds will be given. Cancelled accounts may be charged a service fee for reactivation.

Transfer:

Customers may not transfer accounts without the written consent of 3.14.

Indemnification:

Customer agrees that it shall defend, indemnify, save, and hold 3.14 harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against 3.14, its agents, its customers, 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 3.14 against liabilities arising out of:

Governing Law:

This agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law provisions.