In this terms of service between service provider and service user, the service provider will deem that service user has read and understood the terms of service throughout. Therefore, we will register the services for the service user with the details of terms of service as follows.
1.) General Statement
1.1 The terms of service will be effective between DATATAN.NET in statuses of service provider and service user.
1.2 The service user has read and understood the terms of service that defines rights and obligations of service provider and service user until having understood all of the details completely and have agreed to register the services by enabling the services with the service provider by electronic means, including printing or any actions, that represent the statements according to methods defined by the service provider, or via internet network, or any other electronic media according to the service provider. In addition, the service provider has already opened the services or allowed the access for service user. It will be deemed that the service user has made the contract with the service provider and agreed to be bound and to follow all regulations of this agreement.
1.3 The service provider has the right to refuse the services provided to service user under the conditions stated in this agreement.
2.1 “Service provider” means DATATAN.NET.
2.2 “Service user” means a person or a juristic person who has agreed to make the contract of services with the service provider.
2.12 “Service fee” means charge, service fee, or any expenses imposed by service provider to charge service user as a result of receiving utilization or taking advantage of services from service provider.
2.13 “Contract” means a mutual agreement between service provider and service user concerning the services provided to service user. Any form of services will be conditional and enforceable with service provider and service user according to rights and obligations states in this terms of service, and will be deemed as being agreed at once service provider has allowed service user to use the services.
2.14 “Service registration” means registering to use services by asking for making contract with service provider by electronic means, or any actions that represent statements defined by service provider, or via internet network, or any other electronic media according to service provider that are existing and will be available in the future.
2.15 “Personal information” means name, surname, address of service user includes details of service user which can indicate identity of service user or may be able to indicate identity of service user directly or indirectly by service information.
3.1 We have our policy to protect privacies of all service users. The information that the service provider provided or used through processing of the computer that controls the operations of website of service provider, service user will acknowledge and agree as the right and property of the service provider. The service provider will protect such confidential information the best and will not publish or distribute such information to third parties. Please note that, currently the service provider is using a security system that meets international standards in order to protect such information. In case personal information is stolen by electronic means, or loss, or damage by force major, or any cases, the service provider reserves the right to deny any liability from such events.
3.2 Service provider will keep information for service user the best and will not disclose it to any person, except in cases involving legal disputes, the service provider will cooperate with police and authorities concerned to report any information to support the prosecution.
4.) Domain Registration
4.1 The right to own a domain name will belong to those who have their names in part of "Registrant”. The service provider will let service user customize before registering domain name. And the service provider will give the right to service user to edit information concerning the domain name and information mentioned in part of "Administrative Contact”.
4.2 Any action that "Administrative Contact” has done will be considered as action of service user. The service provider will provide password of "Administrative Contact” to enable service user to edit their own information. The service provider will not be liable for any damage caused by changing such information.
4.3 "Registered domain name cannot be changed." No matter what the case, the domain name registered by service provider or transferred to be under the supervision of service provider will be the property of service user. Thus, service user has to be responsible for checking before registering a domain name whether it infringes privacies of third parties or not, and will not take the domain name to cause damage and prejudice against Thai morality or contrary to the law. If any prosecution has occurred in any case, the service provider will not get involved in any way concerning such offenses.
4.4 "Domain name transfer" to be with other service provider will be considered as the rights of service user according to the regulation of ICANN. Service user can transfer the domain name to other service users when it has been registered already. The life of registration will be at least 60 days after registration.
4.5 "Renewal of domain name" When it is time to renew the domain name, service provider will send an email to service user to notify 60 days prior the expiration date of domain name. If the service user did not pay the service fee or not inform the service provider to renew the domain name prior to the expiration date, it will be considered as the service user agrees to terminate the domain name. The service provider will not be responsible for any damages that may occur in such case.
5.) The Use of Web Hosting Service and Other Services
5.1 Any action related to publishing in forms of email or website of service user and other forms that will occur in the future will be considered to be the action under responsibility of the service user solely. The service provider will not affiliate in any way.
5.2 Do not use the services in publicity, profanity, allusion, insulting, or any actions cause damage to the nation, religion, and monarchy.
5.3 The service user must keep any password received from service provider as confidential in order to prevent unauthorized personnel to access into the system to take any action that may cause damage to the service user and/or the overall server system.
5.4 The service user cannot send SPAM email or send an email to email address of others without permission or without consent of recipient. Whether it is an email sent from the server directly or referral to the server in order to send email. The service user who sent this kind of email has to be responsible for any damage given to the service provider and the email recipient, as well as consent to indemnify to the occurrence of any event.
5.5 The service user of web hosting would be aware that the use of resources in the server is mutually with other service users. So if any service user causes damage to other service users, the service provider will give a warning for the first time and will terminate the services for the next time, or may terminate the services instantly in the first based on the outcome without prior notice.
5.6 Do not use the services for collecting or publicizing information, picture, sound or message or other formats of information which are considered as illegal, pornographic, erotica, immoral or illicit programs particular MP4, MP3, WMA that is created without permission from copyright owner formally, include illegal file or program that is changed its extension or compressed by various programs as well.
5.7 Do not use the services for any threat to the server or other people, such as Mail Bomb, Hack, Crack, DDoS, Spamming, Port Scanning, Phishing and other methods with similar purposes or characteristics. The service user who publicizes information or use the services in such purposes will be considered as breaking the regulations of the service provider and will be terminated the services immediately.
5.8 In the event of receiving complaint, request, or finding out a suspicious incident, the service provider reserves the right to terminate or suspend the services of the service user temporarily to investigate and determine the cause of the incident.
5.9 For the termination of services caused by the above offenses from service user, the service provider reserves the right not to refund the service fee in all cases.
6.1 The service provider will not be responsible in case of information loss on the website in any case, or due to any fault of devices which is considered as force majeure. Although the service provider offers weekly backup, but it cannot guarantee that information will be accurate and complete. Therefore, the service user should have at least one backup usually. However, the service provider is always willing to assist in information backup as good as possible.
6.2 In case of damage of server that causes being unable to retrieve information whether from any cause, the service provider will refund not more than the value of the product or the services that the service user had primarily chosen as discretion of the service provider only.
7.) Password Storage
7.1 For the service purchase, the service provider will let service user set up Username and Password for managing Email, FTP, and Web Control Panel independently. The service user requires to store such information in a safe place. And the service provider will not be responsible for any damage to the website or the information arising from the negligence of the service user.
7.2 In case the service user has forgotten passwords, the service provider will set a new password and notify via the e-mail previously used for the service purchase only.
8.) Method of Payment and Payment Deadline
8.1 The service user must pay charge and fee to the service provider prior to starting the use of the services. There are various payment channels defined by the service provider. After the service user had paid the service fee through various payment channels, the service user must confirm the payment through the channel defined by the service provider. After the service user had confirmed the payment and the service provider had checked the correctness of payment information, it will be considered as the service user had paid the service fee completely.
8.2 In case the service user did not pay service fee or other charge imposed by the service provider without prior notice, the service provider has the right to suspend the services temporarily or terminate the services without prior notice and will not be responsible for any damage that may occur as a result of the suspension or termination of services.
9.) Renewal of Services
The service provider will notify at least 14 days prior to the expiration date of the services. If the service user did not pay or not inform the service provider to renew the service registration prior to the expiration date, the service provider will delete information and the user account of the service user who has no renewal. In case of any damage, the service provider shall not be liable in any way.
10.) Changes of Service Forms
The service provider may change service forms by adjusting service rates in higher level or lower level by notifying 7 days prior. In cases of decreasing service rate, the service provider has the right to refund and let all service users pay for new rate in the next renewal. In cases of increasing service rate, the existing service user will be charged for new rate in the next renewal and new services will be charged for new rate starting from the date of payment.
11.) Responsibilities of Service Provider
The service provider may not guarantee that the service will be continued without interruption or any errors, such as problem of internet connection, jam-up in signal channel and internet network, communication error, natural disasters, terrorism, fire, or temporarily suppression of services, and any problems that are not problems of the service provider. The provider will refund upon the rest of application depending on actual usage. If the service provider is a person who terminates the service contract, such as abolishment or termination of services, or cannot continue providing the services, the service provider will not be liable for any other damages besides the services that the service user had paid to the service provider only.
12.) Termination of Service
The service provider can discontinue website services or any services as appropriate. Although the website or the service does not violate any agreement at all. The service provider will refund only the part that has not been used as actual usage, except domain name registration that cannot be refunded. At any rate, the service user can inform the service provider to point the domain name to another service provider or transfer the domain name to another service provider. And the service user will not be able to claim more for any damage besides the services that the service user had paid to the service provider only.
13.) Termination of Service Contract by Service User
The service user who requires to terminate the services with the service provider in next renewal of registration, the service user should contact the service provider at least 15 days prior to the expiration date.
14.1 The service provider reserves the right to refund in the event that the service user requires to terminate the services or reduce the services prior to expiration date of the contract. And the service user is not entitled to claim for refund whether some amount of full amount. Unless the service provider terminates the service themselves and will refund in the appropriate amount only.
14.2 In case of violation of the agreement, the service provider will notify and will terminate the services if the service user does not resolve it within the time specified by the service provider for resolving the violation and the service user will not be able to claim a refund. In addition, if the action affects the server system, network, and reputation of the service provider, the service user must solely be responsible for all damages occurred.
15.1 The service user agrees to accept in case the service user has registered or asked for any other services related to the use of services, or any other services that the service provider will additionally attach in the future, the service user is also required to comply with this terms of service in all respects.
15.2 The service provider reserves the right to change, amend, and add details in this terms of service as approved by the service provider by notifying service user prior through website or email of the service provider. Nevertheless, it is not include termination of services of service user which the contract can be aborted immediately.