| Terms Of Service (TOS) |
| New Accounts |
| All new web hosting accounts purchased on our order page are set up as soon as we get your information and payment. You will receive an email including your login details after we have set your account up. If for some reason your new account is not created or created incorrectly, please contact us as soon as possible so that we can look into it. Please remember that Domain Names can take anywhere from 24-72 hours to update all of the name servers in the world, so your Domain name might not work right away. |
| Domain Names, Domain Transfers |
| In order for your Domain name to point to the server your new account is on, you must change your Dns (Domain Name Servers) at your registar. Please set your Dns to ns1.dsr4hosting.com and ns2.dsr4hosting.com |
| Payments |
When you subscribe to our services, you are subscribing to a pre-paid service. All payments will be charges to an approved visa, mastercard, or paypal. Renewal notices will be sent via Email 7 days before the renewal date. Accounts 7 days past due will be suspended, and all accounts 14 days past due will be terminated. We only accept credit cards, debit (check) cards, and paypal for payment of services. ~ However if you can only pay by money order ~ Please Contact us to make those arrangements.
Please contact us with any questions regarding payments |
| Overage Charges |
| Our service plans are designed to accomodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cpanel, so that you may receive an email when your account reaches certain limits determined soley by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed. |
| Refunds |
| If, for any reason, DSR4 Hosting fails to deliver said services a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces DSR4 Hosting to suspend or terminate your services prematurely. |
| ContentContent |
| DSR4 Hosting believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate termination of service: racism or prejudice do to color, creed or belief; profanity or obscene language towards anyone but yourself; any content not sutible for minors. We prefer that you self-govern your content and are responsible as to what your website provides. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if DSR4 Hosting is made aware of any questionable content on a DSR4 hosted site, we will address the concerns directly to you and seek an amiable resolution. |
| Opt-in Email Marketing |
| If you choose to engage in marketing your site and/or services via email heed the following: The only permited form of email marketing is that in which the list is "opt-in" by definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site. Note: on the flipside, the joining of an opt-in email list does not guarantee the legitimacy of such a list. Please contact us before taking any steps so that you will not be a victim of spam from second hand and third parties of such lists. |
| UCE, UBE, Spam |
| DSR4 Hosting has a zero tolerance policy regarding unsolicited commercial Email (UCE), and unsolicited bulk email (UBE) also known as "spam". Spam is the act of sending unsolicited email. You will be cited with UCE/UBE abuse if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. If your DSR4 hosted site is referenced in any way within such an email, then you will be cited for UCE/UBE. Upon confirmation of abuse, any DSR4 Hosting customer engaging in this practice will have their service suspended and terminated immediately without refund. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to be blacklisted. Liabilities ~ DSR4 Hosting makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall DSR4 Hosting be liable for any direct, indirect, incidental, consequental, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by contacting us. |
| Acceptable Use Policy (AUP) |
| DSR4 Hosting is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. |
| Failure to follow any condition will be grounds for immediate account deactivation without notice. DSR4 Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions. |
| Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. |
| To report suspected abuses or any violations of these policies, please contact us. |
| Illegal Usage |
| DSR4 Hosting Servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, Mp3, and IRC bots. The subscriber to DSR4 Hosting Service agrees to indemnify and hold harmless DSR4 Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. DSR4 Hosting will be the sole arbiter as to what constitutes a violation of this provision. |
| Illegal Content |
| DSR4 Hosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $50 USD. When using an account with shell, you are not allowed to run ANY servers or services on the DSR4 Hosting network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. DSR4 Hosting reserves the right to terminate an account for these activities also. |
| Software Distribution |
| DSR4's web hosting accounts are not to be used for the purposes of distributing downloadable software and downloadable multimedia products. No ebook download sites, no streaming Radio, no streaming video, no mp3's, no chat sites (example - like myspace, or any other chat sites), No search engine type sites, no gaming sites. If you wish to distribute software and/or multimedia files, please contact us for special arrangement. Making and selling clip art, graphics, web sets, counrty graphics, etc.. is perfectly fine. |
| File Usage and Storage |
| DSR4 web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting company, not a remote file storage company. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about. |
| IRC |
| DSR4 Hosting does not allow IRC or IRC bots to be operated on our servers. |
| Security |
SECURITY
Users are prohibited from violating or attempting to violate the security of the DSR4 Hosting Network. Violations of system or network security may result in civil or criminal liability. DSR4 Hosting will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
5) Taking any action in order to obtain services to which such User is not entitled.
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations.
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. DSR4 Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
SERVER ABUSE
Any attempts to undermine or cause harm to a DSR4 Hosting server or customer of DSR4 Hosting is strictly prohibited. Any sub-networks of DSR4 Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
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| Client Responsibility |
| The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of DSR4 Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of DSR4 Hosting to provide this knowledge or support outside matter specific to DSR4 Hosting servers. |
| Backups |
| DSR4 Hosting takes extreme steps to maintain system integrity. However, DSR4 Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, DSR4 Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All DSR4 Hosting data backups are designed against hardware failure not customer user error. |
| Actions Taken |
| The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. DSR4 Hosting will be the sole arbiter as to what constitutes a violation of the AUP. DSR4 Hosting reserves the right to remove any account without prior notice. |
| When DSR4 Hosting becomes aware of an alleged violation of its AUP, DSR4 Hosting will initiate an investigation. During the investigation, DSR4 Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DSR4 Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DSR4 Hosting will notify the appropriate law enforcement authorities of such violation. |
| Failure to follow any condition will be grounds for immediate account deactivation without notice. DSR4 Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions. |
| DSR4 Hosting does not issue credits for outages incurred through service disablement resulting from AUP violations. |
| DSR4 Hosting customers agree to indemnify and hold harmless DSR4 Hosting from any claims resulting from the use of our services that damages them or any other party. The DSR4 Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DSR4 Hosting expressly disclaims any representation or warranty that the DSR4 Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by DSR4 Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DSR4 Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. |
| MODIFICATION DSR4 Hosting reserves the right to add, delete, or modify any provision of this policy at any time without notice. |
| REFUSAL OF SERVICE We reserve the right to refuse, cancel, or suspend service at our sole discretion. |
| Service Leval Agreement (SLA) |
| Coverage |
| This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with DSR4 Hosting. |
| Service Level |
| DSR4 Hosting endeavors to have network connectivity available for http access by third parties 99.9% of the time ("web site availability"). |
| Credits |
| In the event that there is no web site availability, DSR4 Hosting will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month: |
| Web site availability credit 95% to 99.4% = 25% 90% to 94.9% = 50% 89.9% or below = 100% |
| In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no web site availability so that we may check our stats and your stats. You must request credit by contacting us. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by DSR4 Hosting. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no web site availability. |
| Restrictions |
| Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond DSR4 Hosting's reasonable control, including, without limitation, 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 your Web Site. |
| Limitations |
| Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to DSR4 Hosting. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by DSR4 Hosting, making communication difficult or impossible. We cannot bear the responsibility of such problems.Our monitoring agents determine the uptime of our service, and not any one client's experience. DEDICATED SERVER RESTORE DSR4 Hosting is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. DSR4 Hosting shall not be liable for loss of data under any circumstance. |
| I know this is really long!
Thank you for taking time to read through all of this.
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