You will use the Web space allocated to you only for lawful
purposes. You will neither use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third party,
nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit:
1. Any material, which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
2. Any material containing a virus or other hostile computer program.
3. Any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
You shall observe the procedures, which we may from time to time prescribe
You shall make no use of the Server in a manner detrimental to our other
customers including the usage of excessive resources or CPU usage.
Mails sent by you are in accordance with applicable legislation, including
data protection legislation and any international legislations.
All services provided by DWS CENTER or its subsidiaries 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 harmless DWS Center and/or its subsidiaries, its employees from
any claims resulting from the use of the service which damages the subscriber
or any other party.
Material:
User agrees not to post any type of nudity, pornographic material, hacking/warez
material, or violence/hate pages on the websites hosted on our servers.
Legality:
All information posted on websites must be of legal nature. We will not
tolerate any type of fraud, violation of copyright laws, hacks/warez,
or anything of harmful nature.
Use of Resources:
Offering free hosting in attempts to quickly strain system resources
is prohibited and any type of application/script that creates excessive
memory use or causes apache to fail will not be tolerated. We will decide
what is "excessive" and may remove any content deemed to be
misusing resources. Large files/scripts, chat (IRC), and illegal mp3 files
are not allowed. Users must seek permission when uploading such files
or files that may seem suspicious. We reserve the right to determine if
an application is misusing resources and may request removal of application
or suspend accounts if necessary.
Cancellation:
DWS Center and/or its subsidiaries reserves the right to discontinue service
to any user it feels violates any of these rules or for any reason that
it finds to be valid for discontinual of service. Websites that are found
to be violating the Terms of Service may be blocked/removed without notice.
Refunds:
Refunds may not be given to sites that get blocked for violation of Terms
of Service. We strive to provide high-quality service but all customers
must accept that our service is "AS IS" with no guarantees of
uptime, quality, functionality, etc. The customer may not use our advertisements
as a basis for asking a refund or taking any legal action. DWS Center and/or its subsidiaries
will solely decide when issuing a refund is appropriate or not appropriate.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to DWS Center and/or its subsidiaries 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
DWS Center and/or its subsidiaries will be the sole arbiter as to what constitutes
a violation of this provision.
Payment:
All payments must be in US($) Dollars. If your payment is returned to DWS Center and/or its subsidiaries for any reason, you will be liable for a "returned
fee" charge of US $50.00.
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
Your Billing is based on the date that you joined us. If you have a YEARLY
plan with us you will be charged same price every year on the anniversary
of you enrollment until you decide to cancel the account. Refunds on prepaid accounts are soley up to DWS Center and/or its subsidiaries. No Refunds will be issued if your account has been suspended
E-mail:
Spamming, or the sending of unsolicited e-mail including, without limitation,
commercial advertising and informational announcements, from a DWS Center and/or its subsidiaries server(s) or using an e-mail address or domain that is
maintained on an DWS Center and/or its subsidiaries machine as reference is
strictly prohibited. DWS Center and/or its subsidiaries will be the sole arbiter
as to what constitutes a violation of this provision. A user shall not
use another site's mail server to relay mail without the express permission
of the site. DWS Center and/or its subsidiaries will be the sole arbiter as
to what constitutes a violation of these provisions.
Resellers:
If you are or become a reseller of our Services you will continue to
be bound by these terms and conditions, you will be responsible for ensuring
that your customers are bound by terms and conditions that adequately
reflect and give effect to these.
You shall not incur or purport to incur on our behalf any liability nor
in any way pledge or purport to pledge our credit or to make any contract
binding on us.
No default by your customers shall in any way affect, modify or limit
your obligations under this Agreement.
Regarding yearly payment, if a reseller client has service for one (1)
month the yearly payment is not refundable. The contract is irrevocable
after one month of service.
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System And Network Security
Any attempt to undermine or cause harm to a server, or customer, of DWS Center and/or its subsidiaries is strictly prohibited.
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
Limitation Of Liability
DWS Center and/or its subsidiaries shall not be responsible for any claimed
damages, including incidental and consequential damages, which may arise
from DWS Center and/or its subsidiaries servers going off-line or being unavailable
for any reason whatsoever. Furthermore, DWS Center and/or its subsidiaries
shall not be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or deletion of
any web site from one of DWS Center and/or its subsidiaries servers. All damages
shall be limited to the immediate termination of service.
Violations of these Acceptable Users Policies should be reported to admin@dwscenter.com.
All complaints will be investigated promptly.
Failure to follow any term or condition may be grounds for immediate account
deactivation.
Disclaimer
DWS Center and/or its subsidiaries cannot be held liable for system downtime,
crashes, or data loss. We cannot be held liable for any predicted estimate
of profits in which a client would have gained if their site was functioning.
Certain services provided by DWS Center and/or its subsidiaries are resold. Thus, certain equipment,
routing, software, and programming used by DWS Center and/or its subsidiaries
are not directly owned or written by DWS Center and/or its subsidiaries. DWS Center and/or its subsidiaries holds no responsibility for the use of our clients
accounts. If any terms or conditions are failed to be followed, the account
in question will be automatically deactivated. We reserve the right to
remove any account without advanced notice for any reason without restitution
as DWS Center and/or its subsidiaries sees fit.
Account Activation
By activating your account with DWS Center and/or its subsidiaries, you agree
to the above policies and disclaimer. Upon requesting an account activation,
you are required to accept these policies, guidelines, and disclaimer
and a copy of your acceptance is forwarded along with your activation
request to be maintained within your account information.
If you sign up for an account and do not follow our terms, no refunds
will be given.
Veloce Host (www.velocehost.com) retains the right to change any or all
of the above Policies, Guidelines, and Disclaimer without notification.
You agree to the following terms of agreement:
Acceptable Use
DWS Center and/or its subsidiaries' services may only be used for lawful
purposes. Transmission of any material in violation of International,
Federal or State regulation is prohibited. This includes but is not limited
to: material legally judged to be threatening or obscene, or material
protected by trade secret laws. Any use of vulgar or obscene language
while contacting DWS Center and/or its subsidiaries will be grounds for immediate cancellation
of hosting.
If you are found in violation of the DWS Center and/or its subsidiaries
Terms of Use. Your account will be terminated without notice and you will
forfeit all of the moneys that have been paid to DWS Center and/or its subsidiaries.
Examples of content that is not acceptable on DWS Center and/or its subsidiaries Servers:
"Pirated software" or "Warez", "Hacker programs
and/or archives", "IRC Bots", "Casino and Gambling
Related","Copyrighted Mp3's", "CGI boards" "Forums
that use excessive resources".
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how
to" information about such material.
Offering Free Hosting - Offers of free hosting of our services in any
form is not allowed. Unless asked for permission.
Adult Sites - WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are also not permitted on the
Servers.
Spam - Spam in any shape or form is NOT permitted and is grounds for
immediate account termination.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in
any of its many forms including, but not limited to: bots and IRC servers.
Chat rooms may be allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat rooms over utilize
the server processor.)
Security
Attempts to manipulate servers or client websites are prohibited. This
includes, but is not limited to, attempting to gain unauthorized access
to DWS Center and/or its subsidiaries servers, mail bombing, or other
means of deliberately overloading systems.
Network/System Abuse
This includes, but is not limited to, excessive use of CPU resources,
disk space or network bandwidth, installing IRC bots, CGI scripts sharing
with domains outside of DWS Center and/or its subsidiaries, mass emails, using
disproportionate amounts of system resources for CGI Scripts or any manner
of monopolization of network resources. Veloce Host (www.velocehost.com)
or the vendors will determine what constitutes network/system abuse.
Software/Multimedia Distribution
Accounts cannot be used to distribute copyrighted software, "cracked"
versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted
software or copyrighted multimedia files. Sites that contain links to
pirated software or illegal contraband are also prohibited.
Website Content Management
DWS Center and/or its subsidiaries is not responsible for website management
or files lost or damaged by users. Website construction and management
is the responsibility of the client. Client-maintained backup of all site
files is recommended and should be maintained. System backups are intended
to be used in the event of system failures and are not intended to be
accessed to restore files to individual sites.
Log Files
Log files may be deleted on a periodic basis. Users are responsible for
downloading their log files. It is recommended that clients who wish to
maintain a history of their log files download them monthly.
You specifically agree to indemnify and hold DWS Center and/or its subsidiaries harmless from
any claims resulting from a breach of these terms, and/or use of the service,
which damages another.
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect
of any loss or damage to data stored on the Server.
Any access to other networks connected to DWS Center and/or its subsidiaries
must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorized users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email.
Client Support
Client Support as most current is through email support at the email
address of support@dwscenter.net. No other email without the dwscenter.net
TLD is valid in providing support. Additionally, our forum helpdesk provides
support for all users and current members of hosting. Instant messenger
screen names may be provided, but these are not guaranteed support by
any means as they provide instability.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights through
the Services, including without limitation, clearance and/or consents
in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be liable
for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to
last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system account
at any time; user programs may be run only during login sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
Termination
Without in any way limiting our (DWS Center and/or its subsidiaries) rights:
If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.
If you break any of these terms and conditions, we may terminate this
Agreement.
If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we will
be entitled immediately to block your Web Site and to remove all data
located on it. We will be entitled to delete all such data but we may,
at our discretion, hold such data for such period as we may decide to
allow you to collect it at your expense, subject to payment in full of
any amounts withstanding and payable to us. We shall further be entitled
to post such notice in respect of the non-availability of your Web Site
as we think fit.
We reserve the rights to terminate or refuse service to anyone.
Indemnification
A user's failure to comply with those laws will violate DWS Center and/or its subsidiaries
terms of agreement. By using our services, you indemnify DWS Center and/or its subsidiaries
for any violation committed by you of the service agreement, law, or other
Veloce Host (www.velocehost.com) policy, that results in loss to DWS Center and/or its subsidiaries, or the bringing of any claim against DWS Center and/or its subsidiaries
by any third-party. This means that if DWS Center and/or its subsidiaries
is sued because of a user's or customer of a user's activity, the user
will pay any damages awarded against DWS Center and/or its subsidiaries ,
plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded, .
Nothing in these terms and conditions shall exclude our liability death
or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect
of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of
the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in the ancillary digital application forms or such other address as such
party may from time to time have communicated to the other in writing,
and if sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report, or if sent
by recorded delivery shall be deemed to be served two days following the
date of posting.
Live support is provided on a available basis
for faster service. Live phone service
may be provided in the future. However, Support ticket help is provided
round the clock. We do not guarantee any time frame as far responding
to support tickets, however we will make every reasonable effort to respond
in a timely manner.
Headings
Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms together with any documents expressly referred to in them,
contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such matters.
No oral explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to these
terms and conditions, you have not relied on any representation other
than those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation, which
has not been made expressly in this Agreement.
Billing
DWS Center and/or its subsidiaries uses merchant processing companies. Your
credit card statement can and normally will reflect the company that we
use. These charges will either be from Paypal.com or 2checkout.com. Monthly Fees are billed every 30 days and yearly billing is done
every year.
Other services
DWS Center and/or its subsidiaries can provide other services such as web
development, scripting help, web design, programming help separate from
webhosting. These services will be billed separately and are NOT included
in the webhosting fee. Such services may be provided by an affiliate individual
or company.
If we were in need of resources we are allowed to put you on other providers!
Special Offers do not receive any types of refunds!
Price Guarantee
You are guaranteed the price you purchased at as specified on our site
for the next renewal period; as
long as you remain a client or a Reseller with good standing AND maintain
an established subscription for recurring payment whether monthly or yearly.
In the event that, your payment can not be processed due to lack of funds
or due to your cancellation of subscription, or for any other reason;
we're unable to guarantee you the same price in the next renewal period.
ALL CLIENTS, RESELLERS, USERS AND OR OTHER MEMBERS MUST AGREE TO ABOVE
TERMS BEFORE PURCHASING ANY OF THE PACKAGES OFFERED BY OUR COMPANY.
WE HAVE THE RIGHT TO REVISE ANY OF THE ABOVE TERMS
AT ANY TIME.
Before purchasing any packages make sure you fully understand the above
terms.