Terms of Service
This agreement between Subscription DNA® (PROVIDER) and you (CLIENT) is legally binding in the state of Ohio where the provider operates. You, the client, should familiarize yourself with this document. Any usage of our services constitutes an agreement to the terms and conditions set forth herein. You the client are expected to know and obey all applicable local, state and federal laws while using Subscription DNA® services. Subscription DNA® is also known as Billing DNA, Membership DNA, iSubscribe® and others.
Subscription DNA® is responsible for it’s server and it’s connectivity to our upstream provider(s) from which we lease our fiber-optic lines. Subscription DNA® guarantees a 99.5% uptime for our servers and our connectivity to our upstream providers. However, we have no control over and cannot guarantee connectivity from our backbone to any single internet system outside of our servers.
Subscription DNA® may at times need to perform scheduled software or hardware maintenance or upgrades. Such work is typically to be performed between 1AM and 4AM EST. Other server administration may need to be immediate depending on the issue. Although it is inevitable there will be service due to the nature of computers, we provide top service for our clients and do our best to have backup plans immediately take effect in such a case.
Our backup system is designed primarily for fast recovery in the event of any data storage failures on our servers. In the event that any client wishes for us to restore a file they have deleted manually we will deal with such requests on a per instance basis for an additional fee. We however cannot guarantee that the file will be recovered nor can we determine the length of time it will take to recover the file.
Payments and Invoices
Subscription DNA® is flexible with setting up alternative payment plans and options, however, if not setup to an automated transaction, invoices are expected to be paid NET 30 days. If payment is not been made after this time, Subscription DNA® may include a $25 late payment fee for each late invoice and/or temporarily disable access to your service until payment has been received. Although we do not wish to hinder your business, we would like it if you did not hinder ours.
Disclaimer, Limitation of Liability and Indemnity
In no event shall Subscription DNA®, our server host or parent company be held liable for any position as a result of incidental, consequential, or indirect computer malfunction, the inability to use the materials in this site, even if the owners or their authorized representative have not been advised of the possibility of such damages, loss of data or data corruption, down time or any other reason resulting but not limited to damages for loss of profits, revenue, use, or data whether brought in contract or tort, arising out of or connected with any Subscription DNA® web site or the use, reliance upon or performance of any material contained in or accessed from the Subscription DNA® web site.
Subscription DNA® is an extremely reputable, honest and fair business and will provide as much help and recourse as possible in such a situation.
Owners do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Owners do not warrant or make any representations regarding the use or the results of the use of the materials, information or advice in or from this site in terms of their correctness, accuracy, reliability, or otherwise.
The following are active trademarks of Subscription DNA®:
- “Subscriptions Made Easy.TM“
- “Premium Paid Content Delivery Solution.TM“
- “Pioneering cloud billing from the inside out.TM“
- “Connect, Communicate with and Manage Your Subscribers.TM“
- “Subscription Billing and Membership Management PlatformTM“
Subscription DNA® is developed and managed by Atlas Design + Technology, Ltd.
Our postal address is:
4320 Hengehold Drive
Cincinnati, OH 45211
We can be reached via email at support @ Subscription DNA®, or by telephone at 1-513-574-9800.
All product and service marks contained herein that are not Subscription DNA® marks are the trademarks of their respective owners. References that we may make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
Purchase of Products From This Site
The purchase of any products from this site is governed by the terms and conditions of the sales transaction with the provider of the product. Subscription DNA® and unless otherwise indicated the other owners make no warranty Warranty As To The Quality Of Such Products Including, But Not Limited To, The Implied Warranties Of Merchantability And Fitness For A Particular Purpose. Subscription DNA® and unless otherwise indicated, the other Owners do not have any responsibility for the processing or delivery of products purchased from this site.
How You May Use Our Marks
The Subscription DNA® names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Subscription DNA®, or its subsidiaries or affiliates. You are not authorized to use any Subscription DNA® name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Subscription DNA®. Requests for authorization should be made to Subscription DNA®.
Software Available On This Site
Any software that is made available to download from this server, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), are the copyrighted work of Subscription DNA® or other indicated author of the Software (“Author”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. Owners Make No Warranty As To The Quality Of Such Software Including, But Not Limited To, The Implied Warranties Of Merchantability And Fitness For A Particular Purpose.
Digital Millennium Copyright Act
Subscription DNA® has filed as an authorized server with the U.S. Copyright Office under the Digital Millennium Copyright Act. Subscription DNA® will, in appropriate circumstances, cancel the access of repeat infringers who post or make accessible infringing content in any site on the Subscription DNA® server. Subscription DNA® will honor only postal mail letters which are either drafted by an attorney acting on the behalf of the person who owns the copyright or drafted by the copyright owner him/herself, signed and notorized stating infringement. You may report any suspected infringement to abuse @ Subscription DNA®.
Information we have learned about you from your visit to our web site depends upon what you do when visiting our site. For each visitor to our web site, our web server automatically recognizes normal user information such as IP, pages visited. length of visit, browser details, OS, etc.
We collect the domain name and e-mail address (where applicable) of visitors to our web site, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used to improve the content of our web site, used to customize the content and/or layout of our page for each individual consumer and used by us to contact consumers for marketing purposes.
You also may decide to send us personally identifying information, for example, in an electronic mail message or by voluntarily disclosing that information by completing an online survey or form. We may use personally identifying information from you to respond to your inquiries or for other internal business purposes, but we do not sell or rent that information to third parties.
You should be aware, however, that others may access such information and use it, though any such use would be without our consent. We will not obtain personally identifying information about you when you visit our site, unless you choose to provide such information to us.
Clients of Subscription DNA® collect subscriber data through the Subscription DNA® system. All client data is owned and controlled by the client. Subscription DNA® will NOT use confidential client data for any reason other than support issues requested from that client.
The Subscription DNA® service and website is operated from a site in the State of Ohio, United States of America. We make no representation that materials found at our site is appropriate or available for use in other locations. If you access our site from other locations, you are responsible for compliance with local laws.
Subscription DNA® is not in the business of collaborating with “adult” websites. Please don’t bother asking. This includes sites that make available for viewing or download graphics, audio or video of an adult nature. This policy is not based on any desire to act as censors on the Internet, however, adult websites by their very nature consume many system resources monopolizing the system from other users. Adult websites that are textually based, serving text information such as stories, letters and/or Frequently Asked Questions then we have no objections to hosting it so long as it does not violate any applicable local, state or federal laws.
Any site found to be violating our Adult Website Policy may be terminated without notice and without refund.
Subscription DNA® wishes to provide reliable and fast service for any company with the need for such service. In using Subscription DNA®, clients accept the following restrictions, as well as and in addition to any future restrictions set by local, state or federal regulations:
- No posting or transmittal of hate speech, threats of physical violence or harassing content via our servers.
- No posting or transmittal of material in violation of applicable copyright laws (see below)
- No posting or transmittal of material that is legally obscene or that violates child pornography statutes; that contains any graphic or visual depictions of sexual explicit conduct involving children or that contains depictions of children where the primary appeal is prurient.
- No posting or transmittal of sexually oriented material that, in specific context, is offensive or inappropriate.
- No posting or transmittal of any SPAM or UCE bulk email. Subscription DNA® has a zero tolerance policy for email abuse. Your subscribers must have willingly opt-in to your mailing list.
- No posting or transmittal of off-topic or commercial messages to forums or newsgroups via the Subscription DNA® servers.
- Not to engage in illegal, unlawful or tortuous conduct or other conduct that interferes with Subscription DNA®‘s ability to provide service or interferes with the rights of others. Such conduct includes, but is not limited to: libel, invasion of privacy, consumer fraud, unauthorized dissemination of trade secrets, violation of trademark laws, cracking, or transmittal of commercially restricted information via Subscription DNA®‘s servers.
Anyone wishing to report a violation of our content rules and regulations or violations of applicable local, state, or federal laws should direct such reports to abuse @ Subscription DNA®.
Bandwidth / API Usage
Each Subscription DNA® account is allocated a specific amount of transfer bandwidth each month. The amount of bandwidth transferred is equal to your http/https, and all other sessions on your domain name throughout the month. Bandwidth is measured in bits transferred and consists of both incoming and outgoing transfers. Any account exceeding their bandwidth usage during a given month will not have their service interrupted, however they will be charged an “over the limit” fee (fractionally billed). Account transfer as well as other information is given on the accounts page.
Extremely High Usage
While most companies that require our service will fit easily work within our account guidelines, there are some that require special treatment. Any account, which in Subscription DNA®‘s opinion is utilizing resources in a manner that is harming other Subscription DNA® clients may have their accounts up for immediate renegotiation even if they have an extended contract.
Abusive activities will not be tolerated on Subscription DNA®. This includes (but is not limited to): Any attempt to undermine the integrity and/or stability of any Subscription DNA® system, Any harassment or other abuse of any Subscription DNA® clients, Any attempt to “crack” or decompile any Subscription DNA® system, copying, removing or otherwise obtaining any software that are available on or make up the Subscription DNA® systems. This includes any third party acting on the behalf of a client of Subscription DNA®.
Subscription DNA® has a zero tolerance policy on email abuse. Any attempt to use our system to propagate and/or return SPAM or U.C.E. is expressly prohibited. Any mass mailing that either is sent using an Subscription DNA® address or which references a domain hosted on the Subscription DNA® system will have their account suspended and/or terminated at Subscription DNA®‘s discretion without refund.
Please note: It is not Subscription DNA®‘s intent to harm your ability to do business. However, every major internet backbone (UUNET, SPRINT, ETC) from which we lease our fiber-optic lines also has a strict NO-SPAM policy. Furthermore, many states (CALIFORNIA, TEXAS, AND OTHERS) currently either have anti-spam laws or are in various stages of debate on anti-spam bills. Therefore we follow such rules.
OPT-IN email lists are expressly allowed by this policy. OPT-IN mailing lists are list compiled in which the participants have requested to receive information related to a specific content. In other words, each person on the list asked to be placed there. You may either create your own OPT-IN list or you may purchase mailings on current OPT-IN lists, which match your type of content. Keep in mind, many list providers claim to be opt-in or even double opt-in and simply are not. Be very careful in your research.
Messages sent via an OPT-IN list are not considered SPAM or U.C.E. by law and are, at this time, exempt from anti-spam legislature. If you wish to use an alternate company, Subscription DNA® must review and approve all requests. Prior to hiring any company, including the above listed companies Subscription DNA® requires that you submit notification of your intent which includes a copy of the message that will be sent, the date that the message is expected to be sent and the company you will be using to send the message. We must have this information 30 days prior to your intended release date as we will approve or disapprove each request individually. In order for additional OPT-IN list providers to be added to our recommendation list we require a legally binding statement containing how they get their addresses, who they share their addresses with and stating in clear wording that all addresses are indeed OPT-IN.
We are not responsible for the actions of our upstream provider, our internet backbone provider, our ISP, your ISP, or the ISP of the persons who receive your mailing. Each of these entities have regulations separate from ours and may pursue other course of actions. We have made all attempts to keep our Terms of Service in line with that of our upstream providers and our internet backbone providers – however they may change their policies at any time. Our upstream and/or backbone provider reserves the right to cancel your IP address and/or request that we remove your account from our system due to violations of their Terms of Service at any time. Please remember, you not only use our network to transmit – but everyone’s between ours and the recipient.
For more information regarding SPAM or U.C.E. please see the following addresses:
Cracking and Denial of Service
Any attempt to undermine the integrity of any Subscription DNA® system or any domain hosted on an Subscription DNA® system will result in the immediate cancellation of your account without refund and/or criminal prosecution as decided by Subscription DNA® staff.
Using the Subscription DNA® system to run IRC sessions without prior permission is grounds for immediate termination without refund. Subscription DNA® has setup a special account for those wishing to run IRC sessions or BOTs and such sessions may only be run on these accounts. In any case we will not act as shields for your IRC wars!
User processes include any interactive process initiated by a user of a Subscription DNA® system. These processes are monitored against a CPU usage quota.
In general, Subscription DNA® places no hard memory usage quotas on user processes. However, Subscription DNA® reserves the right to terminate and disable any process that is consuming to many memory resources.
Subscription DNA® reserves the right to terminate and remove any process that violates any of our Terms of Service policies. We also reserve the right to request that you or a third party optimize any program that uses too many system resources. Subscription DNA® recommends Atlas Design and Technology, Ltd. for any of your programming needs.
Subscription DNA® maintains the following support options for our clients:
- Frequently Asked Questions
- Email: support @ SubscriptionDNA .com
- Phone: 1-513-574-9800
We urge all users who have support questions to first consult with the above pages. Any questions that are dealt with on these pages will solicit a “No Response Necessary” along with the address of the page on which your support question has already been addressed.
Support questions sent via email are generally responded to within 24 hours, however, if during business hours, you will most likely have a reply within 2 hours.
Subscription DNA® is only responsible for support directly related to the Subscription DNA® systems, our servers and our services. We will provide instruction and hands-on help with initial integration, after which, you will be responsible for normal operation and maintainance. We will be available for questions/concerns and help when necessary and will address up front if a support issue is outside the scope of normal usage or consultation.