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DomainsWithMore Hosting |
DWMHosting.com | |
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Terms of Service Agreement You will use the Web space allocated to you only for lawful purposes. You will neither use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. You shall not post, link to or transmit:
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures, which we may from time to time prescribe You shall make no use of the Server in a manner detrimental to our other customers including the usage of excessive resources or CPU usage. Mails sent by you are in accordance with applicable legislation, including data protection legislation and any international legislations.
Material: User agrees not to post any type of nudity, pornographic material, hacking/wares material, or violence/hate pages on the websites hosted on our servers. Legality: All information posted on websites must be of legal nature. We will not tolerate any type of fraud, violation of copyright laws, hacks/warez, or anything of harmful nature. Use of Resources: Offering free hosting in attempts to quickly strain system resources is prohibited and any type of application/script that creates excessive memory use or causes apache to fail will not be tolerated. DWM Hosting.com will decide what is "excessive" and may remove any content deemed to be misusing resources. Large files/scripts, chat (IRC), and illegal mp3 files are not allowed. Users must seek permission when uploading such files or files that may seem suspicious. We reserve the right to determine if an application is misusing resources and may request removal of application or suspend accounts if necessary. Cancellation: DWM Hosting.com reserves the right to discontinue service to any user it feels violates any of these rules or for any reason that it finds to be valid for discontinual of service. Websites that are found to be violating the Terms of Service may be blocked/removed without notice. Refunds: Refunds may not be given to sites that get blocked for violation of Terms of Service. We strive to provide high-quality service but all customers must accept that our service is "AS IS" with no guarantees of uptime, quality, functionality, etc. The customer may not use our advertisements as a basis for asking a refund or taking any legal action. DWM Hosting.com will solely decide when issuing a refund is appropriate or not appropriate.
Examples of unacceptable content or links: - Pirated software DWM Hosting.com will be the sole arbiter as to what constitutes a violation of this provision. Payment:
-------------- System And Network Security We reserve the right to refuse, cancel, or suspend service at our sole discretion. Limitation Of Liability Violations of these Acceptable Users Policies should be referred to service@DWMHosting.com. All complaints will be investigated promptly. Disclaimer Account Activation If you sign up for an account and do not follow our terms, no refunds will be given. DWM Hosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. You agree to the following terms of agreement: Acceptable Use DWM Hosting.com's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. Any use of vulgar or obscene language while contacting DWM Hosting.com will be grounds for immediate cancellation of hosting. If you are found in violation of the DWM Hosting.com's Terms of Use. Your account will be terminated without notice and you will forfeit all of the moneys that have been paid to DWM Hosting.com. Examples of content that is not acceptable on DWM Hosting.com vendor Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Casino and Gambling Related","Copyrighted Mp3's", "CGI boards" "Forums that use excessive resources". Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Offering Free Hosting - Offers of free hosting of our services in any form is not allowed. Adult Sites - WE DO NOT HOST ADULT SITES. Spam - Spam in any shape or form is NOT permitted and is grounds for immediate account termination. IRC and Chat Rooms Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.) Security Attempts to manipulate servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to DWM Hosting.com Networks servers, mail bombing, or other means of deliberately overloading systems. Network/System Abuse This includes, but is not limited to, excessive use of CPU resources, disk space or network bandwidth, installing IRC bots, CGI scripts sharing with domains outside of DWM Hosting.com, mass emails, using disproportionate amounts of system resources for CGI Scripts or any manner of monopolization of network resources. DWM Hosting.com or the vendors will determine what constitutes network/system abuse. Software/Multimedia Distribution Accounts cannot be used to distribute copyrighted software, "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files. Sites that contain links to pirated software or illegal contraband are also prohibited. Website Content Management DWM Hosting.com is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. Log Files Log files may be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly. You specifically agree to indemnify and hold DWM Hosting.com harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another. Web Site Hosting And Email We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. Any access to other networks connected to DWM Hosting.com must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. Intellectual Property Rights You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name. Service Availability We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately. Termination Without in any way limiting our (DWM Hosting.com) rights: If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions, we may terminate this Agreement. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you. On termination of this Agreement or suspension of the Services we will be entitled immediately to block your Web Site and to remove all data located on it. We will be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. We reserve the rights to terminate or refuse service to anyone. Indemnification A user's failure to comply with those laws will violate DWM Hosting.com terms of agreement. By using our services, you indemnify DWM Hosting.com for any violation committed by you of the service agreement, law, or other DWM Hosting.com policy, that results in loss to DWM Hosting.com or the bringing of any claim against DWM Hosting.com by any third-party. This means that if DWM Hosting.com is sued because of a user's or customer of a user's activity, the user will pay any damages awarded against DWM Hosting.com , plus costs and reasonable attorneys' fees. Limitation Of Liability All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, . Nothing in these terms and conditions shall exclude our liability death or personal injury resulting from our negligence. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Notices Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in the ancillary digital application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. Headings Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. Entire Agreement These terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Billing DWM Hosting.com uses merchant processing companies. Your credit card statement can and normally will reflect the company that we use. Monthly Fees are billed every 30 days and yearly billing is done every year. Other services DWM Hosting.com can provide other services such as
web development, scripting help, web design, programming help separate
from webhosting. These services will be billed separately and are
NOT included in the webhosting fee. Such services may be provided
by an affiliate individual or company. Special Offers do not receive any types of refunds! Price Guarantee You are guaranteed the price you purchased at as specified on our site for the next renewal period; as long as you remain a client in good standing AND maintain an established subscription for recurring payment whether monthly or yearly. In the event that, your payment can not be processed due to lack of funds or due to your cancellation of subscription, or for any other reason; we're unable to guarantee you the same price in the next renewal period. ALL CLIENTS, USERS, AND OR OTHER MEMBERS
MUST AGREE TO ABOVE TERMS BEFORE PURCHASING ANY OF THE PACKAGES
OFFERED BY OUR COMPANY. Before purchasing any packages make sure you fully
understand the above terms. |
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