Welcome to the Diamond Flower, owned and produced by Diamond Flower and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Diamond Flower"). By registering to be a member of Diamond Flower and to use any Diamond Flower Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through Diamond Flower that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any Diamond Flower service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply. Additionally, even if another Diamond Flower service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. Diamond Flower also may supplement the Terms of Service with additional posted guidelines or rules. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting Diamond Flower Agreement. Please review these Terms of Service from time to time so you will be apprised of any changes.
Diamond Flower may also offer other services from time to time that may be governed by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.
Description of the Products and Services.
Diamond Flower entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "Products and Services"). Some of the Products and Services are supported by advertising, enabling Diamond Flower to provide them to you at no cost. When you use these free services, you agree to allow respective owners of that services to display advertising, including third party advertising, through the Products and Services. Diamond Flower reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.
Acceptance.
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.
Your Registration Obligations.
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Diamond Flower has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Diamond Flower has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).
Responsibility For Minors.
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.
Responsibility for Username and Password.
Upon registering, you will receive a password and username from respective owners of the product and services. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify the respective owners of the product and services of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Diamond Flower cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Responsibility for Content.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Diamond Flower are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Diamond Flower does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Diamond Flower be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Diamond Flower does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Diamond Flower reserves the right to do so.
Disclaimer of Warranty.
Diamond Flower Web Services disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Diamond Flower does not warrant that its services are error-free or that they will operate without interruption nor does Diamond Flower make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). Diamond Flower makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.
Service Limitations.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:
(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
(c) Harm minors in any way;
(d) Associate Diamond Flower and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but not limited to, a Diamond Flower official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
(g) Create and maintain a Diamond Flower product and services web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
(h) Use the Products and Services to hyperlink to content not permitted on the Diamond Flower;
(i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
(k) Disobey any Diamond Flower employee or representative or interfere with any action by any Diamond Flower employee or representative to redress any violation of these Terms of Service;
(l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Diamond Flower database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
(m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
(n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
Making available copyrighted software or other Content that has had the copyright protection removed.
Making available serial numbers for software that can be used to illegally validate or register software.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the copyright or have the legal right to make available;
(p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
(q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Diamond Flower or the party from whom such software may be licensed.
(r) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(t) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(u) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
(v) "Stalk" or otherwise harass another;
(w) Collect or store personal data about other users;
(x) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(y) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
(z) Only software download sites are not allowed like music sites, scripts sites where downloading is a major part.
Diamond Flower Code Usage Limitations
The Products and Services and Diamond Flower code provided for use by Members are, and remain, copyrighted material/property of Diamond Flower. Diamond Flower grants you a limited license to modify our service codes in 5 specific ways:
You may modify the text and color displayed in the service to match those of your web pages.
You may modify images appearing in the service, where applicable.
You may modify the dimensions (height and width) that services are displayed in, as long as the service remains visible.
You may modify the buttons provided by Diamond Flower that link to the services, in order to match your site.
You may replace the buttons provided by Diamond Flower that link to the services, in order to match your site, as long as each button conforms to the usage guidelines outlined in the Terms of Service.
You may not modify any other portion of the Products and Services and Diamond Flower code, including but not limited to advertising script, service copy/paste codes or any other Diamond Flower code, in any manner, for any reason whatsoever.
News Service.
In addition to any other provisions contained in these terms of service, the following limitations and conditions shall apply to your use of our News Service and any portion, element, file, article or other data from the News Service (collectively referred to as the "News Service"). Diamond Flower has entered into agreements with one or more third party news providers ("News Provider(s)") to provide the News Service. Your use of the News Service must comply with the requirements of the News Providers as detailed below:
(a) You may use the News Service for news, editorial, and informational purposes only, as such you shall only have the right to display the News Service on your website, and in no other medium whatsoever,. You may not edit, abridge, rewrite, or in any way alter the content of the News Service except with the prior written consent of Diamond Flower and News Provider. If Diamond Flower or News Provider alters or revises the content of the News Service in any way, you shall remove the earlier version of the Product from your system, and use the revised version, as soon as you receive the revised version or as soon as you are instructed by Diamond Flower or News Provider to remove the earlier version, whichever is earlier.
(b) You shall neither use, nor permit the use of the News Service, in any way that compromises the integrity thereof or which infringes any copyrights, trademark rights, or proprietary interests. You shall not remove News Provider copyright and credit lines from the News Service, nor take any action that would compromise any of Diamond Flower or News Provider's rights in the News Service.
(c) You acknowledge that all intellectual property rights, trademarks, logos, copyrights and trade secret rights, tangible and intangible, in the News Service, other than data in the public domain, belong to Diamond Flower and/or News Provider. You agree to cooperate with Diamond Flower and/or News Provider in protecting their copyright in the News Service.
(d) You shall not distribute or in any way make available the News Service to newspapers, radio, or television stations, wire services, periodicals, news agencies, on-line services, or any party whose intent is to resell, redistribute, or republish all or any elements of the News Service. You shall stop any distributions to the unauthorized entities, mentioned above in this sub-section, immediately after such unauthorized use becomes reasonably known. You shall make a reasonable effort to know whether the above-mentioned entities are using the News Service without authorization.
(e) You shall not separate any portion of the News Service from the original edition in which it was published, in order to republish product separately or in connection with a work other than the work in which it was first published.
(f) You are prohibited from undertaking any of the following actions: (i) licensing or selling any part of the News Service to any third party, (ii) making and retaining file copies of the News Service, other than for internal business use, (iii) editing, rewriting, or altering any part of the News Service in any way whatsoever, and (iv) assigning your agreement with Diamond Flower for any reason, to anyone, including but not limited to any parent, affiliated, or subsidiary organization, except with prior written permission from Diamond Flower and News Provider.
(g) You agree to comply and cooperate with any request by Diamond Flower or News Provider to remove or cease use of the News service, or any portion thereof, from the Distributor's database, software and/or host system.
Account Termination.
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Diamond Flower may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Diamond Flower/ Any such termination shall be in Diamond Flower sole discretion and may occur without any notice. Diamond Flower further reserves the right to terminate any user's account or access to the Products and Services for any conduct that Diamond Flower, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Diamond Flower or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Diamond Flower further reserves the right to terminate any user's account if there is no evident activity for a period of 180 days. Diamond Flower further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in Diamond Flower sole discretion, without prior notice, or any notice.
In the event Diamond Flower terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of Diamond Flower, that user's payment is not refundable.
All mailings sent to you by Diamond Flower are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in Diamond Flower. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with Diamond Flower. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Diamond Flower account.
Service and Member Account Upkeep.
As the Registered Owners of our services, Diamond Flower members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Diamond Flower or its product and service provider's sole discretion.
Member Email lists.
By registering a Diamond Flower account, you agree to subscribe to our Members Update, Tips and Tricks, Freebies and Special Offers mailing lists. These lists may contain third-party sponsorships. You may unsubscribe from the Special Offers, Freebies and Tips and Tricks list by sending your email to Diamond Flower with subject heading as REMOVE ME and text as under.
Special Offers
Remove me from this list
Tips and Tricks
Remove me from this list
Freebies
Remove me from this list
Maintaining a working subscription to our regularly sent Members Update Newsletter is Mandatory for all Diamond Flower Members. If you wish to no longer receive the Members Update Newsletter, delete your Member account and services. Other lists subscriptions are completely optional and may contain third-party endorsements.
Cookies.
Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing Diamond Flower or product and service provider's cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize Diamond Flower and product and service providers to use of cookies.
Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Diamond Flower DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Diamond Flower DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Diamond Flower SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Diamond Flower DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Diamond Flower DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Diamond Flower DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Diamond Flower MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Diamond Flower OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Diamond Flower OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO Diamond Flower. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID Diamond Flower MEMBERS, Diamond Flower' ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL Diamond Flower OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL Diamond Flower BE RESPONSIBLE FOR ANY CHARGES YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR ONLINE TRANSFER, CHEQUE, CREDIT CARD, E-GOLD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification.
By using the Products and Services you agree to indemnify Diamond Flower and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release Diamond Flower and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
Governing Law.
This agreement shall be deemed to have been made at Pune, State Maharashtra, Country India and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the India without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the India unless the said action is for the purpose of enforcing a Judgment already obtained in India.
Usage of Diamond Flower or product and service provider Servers.
Diamond Flower or product and service provider servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Diamond Flower Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
CPU Usage.
Diamond Flower Members shall not use excessive amounts of CPU processing on any of product and service provider's servers. Any violation of this policy may result in corrective action by Diamond Flower or product and service provider, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in Diamond Flower or product and service provider's sole and absolute discretion. If Diamond Flower or product and service provider takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage.
With Diamond Flower Web Tools, bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. Diamond Flower will monitor each Member's bandwidth and disk usage. Diamond Flower shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Diamond Flower or product and service provider's sole and absolute discretion. If Diamond Flower or product and service provider takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth limits for accounts are structured around a monthly total, but metered on a daily basis to ensure that server resources are equally available to all accounts. Accounts using all of, or more than, their alotted daily bandwidth will be temporarily suspended until 12:01am IST the following day. Daily bandwidth metering begins at 12:01am IST and ends at 11:59 pm IST. Bandwidth limits are a combination of both HTTP and FTP traffic. The bandwidth limit as on today is nil.
Limitation on Hosting of Domains.
Subject to any additional terms and conditions relating to the use of our domain registration service, you may purchase as many domains as you would like in each Diamond Flower account, however only one of these domains will be hosted per account. While only one domain may be hosted, you may use additional domains which you have registered in the following manners: change the name servers, or use domain forwarding. In the event that you wish to have more than one domain hosted through Diamond Flower, you will have to sign up for a new Diamond Flower account and hosting package for each domain you wish to have hosted through Diamond Flower.
Purchase Policy.
Web Tools Service Payments:
If you are purchasing one of our various Web Tools we will accept Cash, Cheque via ICICI Bank and VISA and Mastercard payments and payments made through the E-Gold, PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods.
We also accept International Money Orders and Checks made out to Diamond Flower, in US Dollars only. Services purchased through these 2 methods will be activated in your member account once payment has been received and successfully processed. Cheque payments made by this method will attract $5 surcharge.
Please Note: The category above does NOT include Web Hosting payments.
Hosting and Domains Payments:
If you are purchasing one of our Web Site Hosting or Domain services, we will accept Cash, Cheque payments through ICICI Bank and VISA and Mastercard payments and payments made through the PayPal, E-Gold service. Your service(s) will be automatically activated within your account when purchasing using these methods.
IMPORTANT NOTE: All prices quoted on the Diamond Flower web site are in Indian Rupees.
Refund Policies
Domain Registration Payments:
We do not provide refunds for Domain Registrations, since Domains cannot be unregistered. Domain transfer fees are non-refundable.
Website Templates Gallery:
The Templates contained in the Website Templates Gallery service are deemed to be commercial software, thus no refunds can be made to those purchasing this service, since the product is digital in nature and cannot be physically returned to Diamond Flower. All purchases of this service are final and non-refundable.
Website Hosting:
Monthly Hosting package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Yearly Hosting package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Hosting packages purchased with the free domain name and/or template gallery option will receive a partial refund, as the normal purchase price of the domain name, template usage and/or domain name transfer requests will be applied against any outstanding amount(s).
Professional Tools and Services:
Professional Tools package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Yearly Professional package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Partial refunds may result in an administration fee.
UNDER NO CIRCUMSTANCES WILL Diamond Flower BE RESPONSIBLE FOR ANY CHARGES YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CASH, CHEQUE, CREDIT CARD OR PAYPAL, E-GOLD ACCOUNT, MONEY ORDER, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
Diamond Flower reserves the right to amend or change these Rules and Regulations at any time and without prior notice.
Please follow the rules... and enjoy Diamond Flower Web Services!
