Acceptable Use Policies and Guidelines
(*Revised 8/13/2005)
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We have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. Please read them carefully and print them for your records. Failure to comply with the statements herein will result in immediate termination of the account. Domain Payment Services will be the sole arbiter of what constitutes a violation of this policy.
Content: All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Liability: Domain Payment Services shall not be responsible or liable for direct or consequential damages, monetary or otherwise caused by acts of God, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOA's or intermediary private networks over whose facilities Customer' Web traffic is carried to and from the Web Server provided by Domain Payment Services. Or by failure of hardware, or software or any failure which may result in the loss of data or prevent the proper operation of the Web Server, or Network, or a Customers web site, or email, or any other function of the Web Server used for business or personal use by the Customer.
Even if Domain Payment Services were to be found to be negligent or at fault, Domain Payment Services shall not be liable for more than a refund of the moneys paid by the Customer to Domain Payment Services. Domain Payment Services makes no representation as to the merchantability or fitness for any purpose of the Web Server and ancillary services to be provided to the Customer.
Absolutely No Pornography!
All pornography and sex-related merchandising and content is prohibited on all of our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Domain Payment Services will be the sole arbiter in determining violations of this provision. If the material is not suitable for a minor it is not allowed to be stored on, or linked to, from our Web Server.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to our Web Servers or any other Server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
Sales of restricted products which require a permit and age verification such as Tobacco, Fire Arms and Alcohol, or sexual content of any kind are forbidden from any of our Web Servers. We will be the sole arbiter as to what constitutes a violation of this provision.
Commercial Advertising - E-mail: Spamming, or the sending of unsolicited e-mail, from our server or using an e-mail address or domain that is maintained on our Web Servers, or "Spoofing" and email address that is maintained on our Web Servers is STRICTLY prohibited. Domain Payment Services will be the sole arbiter as to what constitutes a violation of this provision. Our Web Server is monitored for SPAM and Spamvertising software. If any such software is found, and any domain that is caught Spamming will be shutdown immediately without warning.
*E-mail: To assure fast operation for all we do not allow the operation of high volume "Free E-mail" accounts for advertising purposes such as "Hotmail" or "Yahoo Mail".
Background Running Programs: We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC: "Internet Relay Chat" We currently do not allow IRC or IRC bots to be operated on our servers. You may use "Java" based "Chat" applets on our servers only.
Server Abuse: Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Any domain found attempting to do so will be shutdown and suspended immediately without warning.
Refusal of Service: Domain Payment Services reserves the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites, resellers and dedicated servers must adhere to the above policies. Failure to follow any term or condition herein will be grounds for immediate account deactivation and suspension.
*Web Hosting Refunds: Domain Payment Services backs our services with a money back guarantee within 30 days from the date payment is received, for any new web hosting package.
1) After 30 days there are no refunds permitted.
2) If an account is renewed on Monthly payment terms, there are no refunds after 24 hours from the renewal date.
3) If an account is renewed on terms longer than 1 month, if requested within 30 days of the renewal date a full refund will be permitted.
4) If an account is deactivated for violation of our policies there are no refunds after 30 days from the date payment was received.
5) Upgrades in service options initiated by any client either by request or by use of the User Control panel will be charged to the clients credit card account upon activation of such upgrades.
There are no refunds after 30 days from the date a payment was received. Domain Payment Services will be the sole arbiter of determining if a refund is to be issued.
Domain Name Registration: There are no refunds for Domain Name registrations once the domain name is registered by the registrar. Domain names registrations cannot be canceled until the end of the registration term. All sales are final. Furthermore once a Domain Name is registered, if for any reason the clients credit is declined, or a chargeback is issued, an invoice for the domain name registration charges, and any other charges incurred by such actions will be billed by mail to the client billing contact. Before you register a domain name you must read and accept the terms of our registration agreement (HTML) and our domain name dispute policy (HTML).
*Payment: By purchasing a web hosting package the Customer authorizes Domain Payment Services - TJD Enterprises to debit the Customers credit card for recurring charges either Monthly, Quarterly, Semiannually, Annually, Bi-Annually or Tri-Annually to be determined by the web hosting package and payment term selected on our order form.
*Late Payments: Payment for any web hostng package is due on the renewal date. Payments should be received on or before that date. Grace period will be 15 days from the due date. On the 16th day, if payment has not been received the account will be suspended. If payment is not received within the 30 days following suspension of the account, all of the files and email will be deleted from the server.
*Data Transfer Exceeds Quota: Data transer is measured over the course of each month. If the data transfer quota of your hosting package is exceeded, you will be charged $20.00 for an additional 20 GB of data transfer for that month. In most cases you can upgrade to a larger hosting package and avoid these charges. If you exceed the new quota, additional charges may be made for more data transfer. Accounts will not be suspended for exceeding the data transfer quota.
*Disk Space Exceeds Quota: Disk space usage is monitored continuously. If the disk space quota of your hosting package is exceeded, you will not be able to upload files or receive any new email. Disk space usage can accumulate with time due to logs, statistics and saved email. We shall not be responsible for lost email or data due to a full disk space condition on your hosting package. It is the customers responsibility to monitor and manage the resouces provided. Accounts will not be suspended for exceeding the disk space quota.
*Cancellation: Cancellation of a web hosting package can only be done by E-mail. To cancel a web hosting package, send an E-mail to support. The E-mail must specifically state the domain name and WHEN to remove the domain from our server. All cancellation requests must come from the E-mail address of the owner on file, as shown in the Account Management area of the User control panel. Cancellation requests may be submitted from the User control panel using the E-mail Support tool.
*Privacy: Domain Payment Services knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Detailed policies regarding your account information may be found here, (HTML)
Agreement: The Customer agrees to comply with all applicable governmental laws in the use of the Web Server, and all software and ancillary services provided by Domain Payment Services, and, in the event of any noncompliance agrees to hold harmless Domain Payment Services and its personnel and contractors and suppliers from the consequences of such noncompliance.
By completing the order you agree to the terms and conditions set forth in these policies.
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