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1.) Account Setup
We will setup your account after we have received
payment and we and/or our payment partner(s) have
screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for
lawful purposes. This includes, but not limited to:
copyrighted material, material we judge to be
threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double optin" will be treated as spam. Any
user who sends out spam will have their account
terminated without notice.
We reserve the right to require changes or disable as
necessary any web site, account, database, or other
component that does not comply with this policy, at its
sole discretion. We also reserves the right to make any
such modifications in an emergency at our sole
discretion.
We reserve the right to charge the holder of
the account used to send any unsolicited e-mail a clean
up fee. This cost of the clean up fee is left entirely
to the discretion of designandhostingservice. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the
services received from us, in advance of the time period
during which such services are provided. You agree that
until and unless you notify designandhostingservice of your desire
to cancel any or all services received, those services
will be billed on a recurring basis. For regular hosting, billing is one week before your monthly payment is due. Make sure if you want to cancel that it is before the billing date.
We reserve the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are
not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate
backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel / terminate the account at any
time.
Customers may cancel at any time. We give you
an unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's. Refund requests
after 30 days will be refunded on a prorated basis of
any unused time if we deem fit. If you are terminated for any reason you will not recive a refund.
If you request to cancel before your 30 days but after the invoice is already made then you will still be billed for one more month so please give advanced notice that you would like to cancel. Without advanced noticed you will be billed for the full term of the contract (1 year). Invoices are normally sent out 1 week prior to payment being due.
Only first-time accounts are eligible for a refund if we manage them.
For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible
for a refund or if you have opened a second account with
us.
If hosting is cancelled by us for any reason we have the right to the full amount of the contract (1 year) of the hosting package. Although payment can be set up differently such as monthly or anually for example, all of our contracts are for 1 year minimum.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer
then 90 seconds. There are numerous activities that
could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes
at any point in time on the server. This includes any
and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike,
half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount
we reserve the right to suspend the account until the
start of the next allocation, suspend the account until
more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level
of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and collocation, or regular hosting no full refund will be honoured, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. On hosted websites we manage and maintain the 30 day refund does apply.
10.) Price Change
The amount you pay for hosting will never increase
from the date of purchase. We reserve the right to
change prices listed on our site, and the right to
increase the amount of resources given to plans at any
time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against us, 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 any
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with us; (2) any material
supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products
sold to customers from designandhostingservice's server.
12.) Disclaimer
We will not be responsible for any damages your
business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We
disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data
resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by us and
our employees.
13.) Changes to the TOS (Terms of Service)
We reserve the right to revise its policies at any
time without
notice.
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