This Terms of Service is an agreement between Customer and DirectDialHosting.com

"We" "Us" "Provider" or "DirectDialHosting.com" refers DirectDialHosting.com, Inc.; and

"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with DirectDialHosting.com.

Services Provided by DirectDialHosting.com
DirectDialHosting.com will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide HTTP internet content to the general public. The Services allow DirectDialHosting.com customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. DirectDialHosting.com customers will use the provided Services in a manner consistent with all applicable State and Federal laws. DirectDialHosting.com will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, DirectDialHosting.com may immediately terminate Customer's account(s) without notice. DirectDialHosting.com will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Customer Use of Services

Disk Space and Client Content: Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of DirectDialHosting.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to DirectDialHosting.com or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. DirectDialHosting.com will be the sole and final arbiter as to what constitutes a violation of this policy.

Bandwidth Usage: Sites that use excessive bandwidth within a 24 hour period will receive an email notification. If the site continues to consume excessive bandwidth within 24 hours, HTTP service will automatically be disabled and another email notification will be sent to the customer. Customer must contact our support department to have their HTTP re-enabled. DirectDialHosting.com will be the sole and final arbiter as to what constitutes a violation of this policy.

Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. DirectDialHosting.com will be the sole and final arbiter as to what constitutes a violation of this policy.

No "Spam": UCE/UBE or "Spam" originating from a DirectDialHosting.com account, or associated with a DirectDialHosting.com account, is not tolerated. This includes any e-mail that promotes web sites hosted on a DirectDialHosting.com account but is sent from an e-mail address not associated with that DirectDialHosting.com account. Client shall not use their DirectDialHosting.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. DirectDialHosting.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. DirectDialHosting.com reserves the right to charge Client a $150 clean up fee if an account was suspended for policy violation.

False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact DirectDialHosting.com concerning unethical, false or unlawful activities by you, DirectDialHosting.com reserves the right to terminate your service without notice.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files: DirectDialHosting.com will make every reasonable effort to protect data for Client on a regular basis, however DirectDialHosting.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network.

99.9% Uptime: DirectDialHosting.com has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the DirectDialHosting.com servers remain unaffected and uninterrupted, thus contributing to our overall uptime.

Domain Name Registration: DirectDialHosting.com uses only ICANN accredited organizations for domain name registration. There is a $15.95/year fee (or less if purchased under special offer) for new domain name registration. Domain names can be used or transferred to another registrar only if customers' account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.

Payment Obligations, Renewals, and Cancellations

Payment Obligations: Full payment is required in advance, before hosting service is established. You grant DirectDialHosting.com the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by DirectDialHosting.com according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that DirectDialHosting.com may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account. There is a $15 fee for bounced check and a $35 processing fee for charge backs.

Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to DirectDialHosting.com fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.

Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. DirectDialHosting.com will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by DirectDialHosting.com will not receive any refund. All cancellations must be received in writing as per the deadlines indicated by regular mail, e-mail or fax. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission. Refunds will be issued back to your credit card within 7-10 business days from your cancellation date.

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from DirectDialHosting.com at your own risk. You acknowledge and agree that DirectDialHosting.com exercises no control over, and accepts no responsibility for, the content of information passing through DirectDialHosting.com's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. DirectDialHosting.com MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. DirectDialHosting.com MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. DirectDialHosting.com EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY DirectDialHosting.com. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY DirectDialHosting.com PERSON WILL CREATE ANY WARRANTY. The terms of this Section will survive any termination of this Agreement.

DirectDialHosting.com is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of DirectDialHosting.com. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by DirectDialHosting.com.

Limitation of Liability
You agree that DirectDialHosting.com will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to DirectDialHosting.com at the time) which may exist in the Services or in DirectDialHosting.com's equipment used to provide the Services.

Under no circumstances will DirectDialHosting.com be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. DirectDialHosting.com will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DirectDialHosting.com's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, DirectDialHosting.com's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service
At its sole discretion, DirectDialHosting.com has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification
Customer agrees to indemnify, defend and hold harmless DirectDialHosting.com, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
DirectDialHosting.com will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although DirectDialHosting.com maintains strict confidentiality on Customer's information, there are certain exceptions in which DirectDialHosting.com may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. DirectDialHosting.com has no obligation to notify Customer about whom the information is sought or that DirectDialHosting.com has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of DirectDialHosting.com.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

Privacy Policy

All information DirectDialHosting.com collects is strictly confidential. DirectDialHosting.com will not give, trade, or sell any information collected from Customer to any outside organizations, companies, or individuals. DirectDialHosting.com regards Customer privacy to the fullest and guarantees that all of your private information will remain private at all times.

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