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.
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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.
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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.
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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.
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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.
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Licensed Software Only: Client agrees to use only properly
licensed third party software in connection with Client's use of the
Services.
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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.
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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.
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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
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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 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 $35 processing fee for any charge backs.
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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.
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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.
