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You should be aware that by signing up for an account with DMHP Networks,
you agree to position data on our servers, thus making it accessible
to the wide public. In this sense, you accept that it is beyond
the power of DMHP Networks to restrict such access and guarantee
the security of your files. You are completely in charge of protecting
your data on DMHP Networks servers, which suggests that you would
better consider carefully any piece of information before uploading
it to your newly allocated DMHP Networks server space. It is recommendable
to avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing of
this document.
ENTIRE AGREEMENT; SEVERABILITY OF AGREEMENT
DMHP Networks shall provide its Services to You (the Customer) under
the Terms and conditions of this DMHP Networks Customer Agreement.
The Agreement is intended to keep the integrity of both DMHP Networks
and the Customer and to protect both parties from liability. This
Service Agreement will be enforced to ensure the speed, power,
performance, and reliability of our services.
Along with the Order Form and any other documents or agreements
explicitly specified in this Agreement, the Customer Agreement
constitutes the whole act of convention between DMHP Networks and
the Customer, thus being the most significant document of the
newly-established relationship. In case that a court of competent
jurisdiction considers that any of the Agreement's provisions
is invalid, unenforceable, or void, the remaining ones will completely
reserve their validity.
Customer's side of the Agreement could be presented by the following
parties: an individual with personal demands, being over 18 years
of age; a legal entity such as a corporation, a limited liability
company etc. that is consistent with state's law system. If a
person represents the Customer for some reason, he/she should
be legally authorized to act in his/her name, thus accepting,
executing and delivering the Agreement.
You understand and agree that the Service is provided "AS-IS"
and that DMHP Networks assumes no responsibility for the timeliness,
deletion, failure to deliver or store any Customer communication
or personalization settings.
DMHP Networks HOSTING SERVICES
1. BANDWIDTH - Each hosting plan include prepaid
bandwidth. Additional bandwidth is available. Contact sales department
for more information. This bandwidth must be prepaid before using
or otherwise the account will be suspended due overbandwidth usage.
2. DOMAINS HOSTED - DMHP Networks hosting plans include domain hosting.
Each hosting plan has a limit of the domains hosted..
3. DOMAIN REGISTRATION - available at discounted price
only with purchasing web hosting account(s). Each web hosting
account can use a maximum of one discounted domain name. Domain
registrations are final and can not be refunded.
4. DISK SPACE - Additional disk space is available. Payment is
accepted only in advance per year. Contact sales for more information.
5. IP ADDRESS - DMHP Networks hosting accounts do not include IP
address. For many customers IP address is important for starting
SSL hosts and that's why we allow purchasing IP addresses. Payment
is accepted only in advance per year. Contact sales for more information.
6. MYSQL DATABASE(S) - is/are included in all hosting plans.Additional
MySQL databases are available. Contact sales for more information.
7. MYSQL DATABASE STORAGE - 30 MBs are included in the Business
hosting plan and 45 MBs are included in the Corporate hosting
plan. Additional MySQL database storage is available. Contact
sales for pricing.
8. SSH - not included in hosting plans, but it is available. Contact
sales for more information..
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuingly run by DMHP Networks
in the background. Their provision suggests additional fee in
accordance with system resources used and operational maintenance
involved, if needed. Generally, DMHP Networks avoids placing complementary
charges upon customers, providing the CronTab service that is
integrated in the hosting Control Panel. Optional DMHP Networks Services.
These services, including but not limited to: Site Studio, Mailing
Lists and other services offered are provided WITHOUT WARRANTY
and WITH NO GUARANTEE OF RESULTS. DMHP Networks ADDITIONAL SERVICES
OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON
"AS IS" AND "AS AVAILABLE" BASIS. DMHP Networks REJECTS ANY IMPLIED
WARRANTIES. ANY OF DMHP Networks'S EMPLOYEES, MANAGEMENT OR AFFILIATES
MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES
PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES
PROVIDED BY DMHP Networks , INCLUDING DIRECT OR INDIRECT, PUNITIVE,
AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES,
SUSPENSION OR TERMINATION OF SERVICES.
SERVICE GUARANTEES
DMHP Networks will guarantee 99.9% network uptime and
99.9% network stability uptime. DMHP Networks will pro-rate credits
(up to 3 additional domains or up to 5 GB bandwidth per month)
for uptime below 99.9% upon request. This, however, does not refer
to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the user service
(e.g. if the client shuts his/her own server down, DMHP Networks
is not responsible for the downtime)
- Failures due to software that is not explicitly supported by
DMHP Networks. Consequently, if a hardware crash provoked by the
customer happens, DMHP Networks is beyond the control and responsibility
for the resulting downtime.
SERVER USAGE & HOSTED CONTENT
1. Server content MUST comply with the parameters stated in this
TOS. Web content requirements exclude the publication of illegal
content or content considered inappropriate otherwise. Customers
should get in touch with a DMHP Networks Service representative regarding
any inquiries over the matter.
2. If any of DMHP Networks Services are used for the illegal purpose
of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. DMHP Networks expressly bans the use of any
DMHP Networks hardware or software hosted on a DMHP Networks server
for trying to illegally access another hosted machine or network.
3. Using DMHP Networks temporary URL - supremeserver.com is not
defined as a bandwidth stealing. However, customers are advised
to use it temporarily and DMHP Networks does not bear the responsibility,
if we change it afterwards - traffic processing there is not recommendable.
It is not recommendable to use DMHP Networks temporary URL- supremeserver.com
as a basic URL. Users are advised to redirect their traffic to
their own domains.
Each customer will be able to take advantage of the package he/she
has purchased at the introductory price levels and with one and
the same set of features in the course of the whole contract period.
DMHP Networks reserves the right to introduce certain changes to
the packages (in the shape of complementary services) to the benefit
of customers.
MONEY BACK GUARANTEE
DMHP Networks offers a 30-day money back guarantee. If you are not
satisfied with our hosting service, you can email billing@DuoServers.com
and receive a full refund for your hosting plan within 30 days after
you purchased the account. However, all domain registrations
are final, do not include any money back guarantee and will be subject
to a $9.95 per year per domain registration fee. You will be required
to make a deposit of $9.95 for the domain fee before receiving the
refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
1. DMHP Networks contracts with VISA / MASTER CARD International, American
Express Bank and Discover Financial Services for chargeback procedures,
thus avoiding its merchant accounts involvement. When signing up
for a web hosting service with DMHP Networks, customers agree to AUP
(this document) and the specified Terms & Conditions in this document.
Thus, DMHP Networks will utilize this document as an evidence for the
customer's agreement in cases of a chargeback inquiry on behalf
of the customer based on points that the client tries to refute
after he accepted them at the time of the order.
If, however, customer presents a valid motive for the refund required,
having observed the afore-specified requirements, then DMHP Networks
will process the money back procedures without hesitation. Any refund
actions will immediately lead to web hosting account suspension
and the customer's credit card will be charged back with the respective
sum under the same payment order / authorization number.
2. DMHP Networks will charge customers with fees based on the fee structure
at the time of the sign-up process. DMHP Networks reserves the right
to introduce changes to the packages when needed regarding price
and set of features. This means that the current price list at www.dmhp.net
may differ from the pricing and features of the customer's account.
3. When signing up for an account with DMHP Networks, the customer
agrees to pay for the period of one year (365 days). DMHP Networks
grants customers with 48 hours over the official payment period.
In case that the payment has not been received, the account will
be suspended.
4. Upon completion of the order process you will receive a call from one of our sales
representatives to confirm the telephone number on your new account. This call is
made to ensure the safety of your credit card or payment information and prevent
fraud. We will attempt to make the call at a resonable hour but because of time
zone differences the call may come at any time after your order is completed.
Chargebacks are not considered as a way of refunding. Any customer
who provides a credit card chargeback in response to a bill or order
placed at DMHP Networks will be subject to collections and legal action.
He/she will be charged $29.00, because when signing up with DMHP Networks,
customers accept these terms and conditions, thus agreeing to observe
them strictly.
WARRANTIES AND REPRESENTATIONS
DMHP Networks provides hosting services on an "as is" and "as available"
basis without warranties or representations for its offering. The
company bears no responsibility for connection problems, in cases
when customers' hosting with DMHP Networks confronts with service interruption
issues.
FREE DOMAIN NAME PROMOTION
DMHP Networks has a promotion and gives FREE domain names only to new
customers of web hosting accounts. However, when the money back
guarantee option is used the domain names must be paid - $9.95 per
year per domain name. Domain name owners will receive an account
username and password to manage their domain names and they will
be able to transfer the domain name(s) at will.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DMHP Networks Services, you will
not use the DMHP Networks Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not
attempt to gain unauthorized access to any DMHP Networks Services,
other accounts, computer systems or networks connected to any DMHP Networks
Services, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the DMHP Networks
Services.
DMHP Networks reserves the right at all times to disclose any information
as DMHP Networks deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in the sole discretion of DMHP Networks.
DMHP Networks is within the capacity to refuse service to unlawful
parties. DMHP Networks servers can be used explicitly for legal purposes
only and each attempt for taking indecent advantage of the servers
inconsistent with the rules will be immediately rejected. In this
light, DMHP Networks expressly forbids any breach of Federal, State
or Local regulation, including, but is not limited to the transmission
of:
copyrighted material, material legally judged to be threatening
or obscene and material protected by trade secrets.
DMHP Networks management will thoroughly scrutinize any of the received
orders and decide to their own discretion which of them do not comply
with the officially stated requirements for use of the company's
servers. DMHP Networks servers CANNOT be used for the propagation,
distribution, housing, processing, storing, or handling in any way
of lewd, obscene, adult OR pornographic material, or any other material
which is considered impermissible by the company including, but
not limited to - pornography, adult materials, satanic materials,
and any other materials of an adult nature.
THIRD PARTY
Any dealings with third parties (including advertisers) included
within the DMHP Networks Services or participation in promotions, including
the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the
advertiser or other third party. DMHP Networks shall not be responsible
or liable for any part of any such dealings or promotions.
TERMINATION
You agree that DMHP Networks, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service if you violate
these terms.
SERVICE DENIAL
DMHP Networks reserves the right to reject its service and terminate
this agreement for a certain period of time or indefinitely upon
customers' failure to pay. The customer then is considered a debtor
to DMHP Networks and liable for reasonable interest and collection
fees.
YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using
the DMHP Networks Service in connection with surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or any duplicative
or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information about
yourself as prompted by the registration formo of the Service.
2. Maintain and promptly inform us to update Registration Data to
keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or DMHP Networks has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, DMHP Networks has
the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
3. When signing up for un account with DMHP Networks, each customer
agrees to submit correct and up-to-date contact details, meaning
that when introducing any changes to this information, he/she is
obliged to notify DMHP Networks in the course of a 10-business-day
period after the changes become valid. The introduction of changes
should be done online through customer's Control Panel, not via
e-mail. This requirement is also in force for DMHP Networks - customers
will always be aware of any contact information changes that the
company places within its website. This way, a flawless communication
process between both sides is guaranteed.
4. You will receive a password and account designation upon completing
the registration process of the Service. You are responsible for
maintaining the confidentiality of your password and account, and
you are fully responsible for all activities that occur under your
password or account. You agree to:
- immediately notify DMHP Networks about any unauthorized use
of your password or account or any other breach of security
- ensure that you exit from your account at the end of each
session.
DMHP Networks cannot and will not be liable for any loss or damage
arising from your failure to comply with this.
5. Any Customer in violation of system or network security is subject
to criminal and civil liability, as well as immediate account termination.
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, e-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 e-mail or newsgroup posting.
6. Harm to DMHP Networks Servers - any attempts for doing harm to a
server or customer of DMHP Networks Services are explicitly banned
- Acceptable Use of Services / Acceptable Access to Services - DMHP Networks
will immediately and resolutely react to any attempt of use of an
Internet account or computer by a DMHP Networks customer unauthorized
by the account or computer owner. Such attempts include "Internet
scamming" (tricking other people into releasing their passwords
and etc.), password robbery, security hole scanning etc. It DOES
NOT matter whether the attacked account or computer belongs or not
to DMHP Networks Services, the fraud will be subject to actions based
on the very nature of the attack which could be a warning, an account
suspension or cancellation and civil or criminal legal action.
7. CPU usage (or usage of the Central Processing Unit(s)) on the
web server Customer's account is hosted on is subject to some regulations.
That means that each hosting account can take advantage of 10% of
the CPU power at any given time. DMHP Networks strongly requires that
customers be very judicious when using the CPU power for their accounts.
Otherwise, we may suspend customer accounts in cases of registered
impact on other accounts on the server or disturbance caused to
the functioning of the server. If we do suspend an account, then
its owner will be notified of that in consistence with the situation
that this suspension may provoke. Then the account's owner may be
required to upgrade to a dedicated or semi-dedicated web hosting
solution. Possible alternative is a required reduction in the load
and traffic that the customer's account gets. DMHP Networks reserves
the right to block files or scripts that use CPU exceedingly and
notify clients.
8. Customer agrees not to publish on or over its account any information,
software or other content, which violates or infringes upon the
rights of any others or which knowingly contravenes the laws of
any jurisdiction in which such content is generally accessible.
9. Users are NOT allowed to send more than 1500 emails per day per
hosting account.
10. DMHP Networks does NOT allow sites that provide any content, points
of distribution, or 'links' to sites that:
- infringe on any third party's intellectual property or proprietary
rights, or rights of publicity or privacy
- violate any law, statute, ordinance or regulation
- are defamatory, trade libelous, threatening, unlawfully harassing,
abusive, pornographic or obscene
- contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another
- contain Pirated or Hacking / Phreaking Software (Warez)- Any software
that is copyrighted and not freely available for distribution without
cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall
under this jurisdiction
- have Adult Sites (content) - Any erotic or pornographic material,
links to adult sites, or advertisements of adult sites.
CUSTOMER WEBSITE; E-COMMERCE;
CUSTOMER WARRANTIES/GUARANTEES
1. When buying an allocated space on DMHP Networks servers, customers
agree to be fully responsible for the development, operation and
maintenance of their web site, online store and e-commerce activities
within that space. Each customer is in charge of all the products
and services as well as of all contents and materials appearing
online, including:
- the accuracy and relevance of Customer Content and content and
material showcased in its store or on its products
- certainty that the Customer Content and content and materials
appearing in its store or on its products do not violate or infringe
upon the rights of any person
- certainty that the Customer Content and the content and materials
appearing in his/her store or on his/her products are not calumnious
or somehow illegal. Customer is the only one in charge of approving,
processing and filling customer orders and of taking care of customer
requests or complaints. Customer is the one in charge of the payment
or satisfaction of any and all taxes related to his/her web site
and online store.
2. Customer bears the responsibility for ensuring the security and
confidentiality of any customer data (including, without limitation,
customer credit card numbers) that he/she may receive in connection
with his/her web site or online store.
3. Each Customer guarantees to DMHP Networks that he/she owns or possesses
the right to use the Customer Content and its material, including
all text, graphics, sound, music, video, programming, scripts and
applets. Each Customer warrants to DMHP Networks that the use, reproduction,
propagation and transmission of the Customer Content and any information
and materials contained inside do not, and will not:
- infringe or abuse any copyright, patent, trademark, trade secret
or any other proprietary right of a third party
- break any criminal laws or manifest false advertising, unfair
competition, vilification, privacy intrusion; violate a right of
publicity or violate any other law or regulation. Each Customer
empowers DMHP Networks to reproduce, copy, use and propagate all and
any part of the Customer Content for ensuring and operating the
Services. DMHP Networks is granted the right to assess the extent these
operations need to be done.
Torturous Conduct
Any case of indecent treatment towards a DMHP Networks employee will
be considered inappropriate. Each Customer is anticipated to conduct
a professionally mannered communication with DMHP Networks employees
regarding any requests for help through e-mail or by means of the
Ticket Desk Support System. Each Customer should avoid applying
any forms of written emotional outburst or cursing. Any attempts
of deliberately undermining behavior will be interpreted as a breach
of this TOS.
Other acts of treatment towards DMHP Networks employees that will be
considered as unacceptable include any verbal, oral, written or
delivered by a second party threats addressing DMHP Networks or any
of its employees, partners, equipment, and concerns. Any forms of
such threats will be interpreted as a breach of this TOS. DMHP Networks
keeps the right to assess which behaviour will be treated as a breach
of this TOS and to give no refunds to the users whose accounts have
been suspended for violating the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages
you send are spam. For your information, spamming generally includes,
but is not limited to:
- the sending of unsolicited messages in bulk, or the sending of
unsolicited e-mails, which provoke complaints from recipients
- the sending of junk mail
- the use of distribution lists that include people who have not
given specific permission to be included in such a distribution
process
- posting commercial ads to USENET newsgroups that do not permit
it
- posting articles containing binary encoded data to non-binary
newsgroups
- excessive and repeated posting of off-topic messages to newsgroups
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or Customers, including
but not limited to, transmitting any threatening, libelous or obscene
material, or material of any nature which could be deemed to be
offensive
- the e-mailing of age-inappropriate communications or content to
anyone under the age of 18
- "Spamming" is considered as explicit misuse of ethical principles
and will be interpreted as a violation of them
- The maximum number of allowed e-mail messages sent per day is
1500. There are no exceptions to this rule. Every customer who is
sending more than 1500 e-mail messages per day needs a dedicated
server and cannot use a shared hosting account.
NEWS RELEASES
Forward Looking Statements: these refer to any predications within
this website that are not based on objective facts and express expectations
with regard to forthcoming events. Such statements cannot be treated
as reality-based because it is possible that they happen to deviate
from actual circumstances. Forward Looking Statements can be recognized
by the availability of indicative words such as "believes", anticipates,"
"plans," "may," "hopes," "can," "will," "expects," "is designed
to," "with the intent," "potential". However, their availability
is not a compulsory requirement for a forward-looking statement
to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
DMHP Networks will be in an off-liability position as regards the failure
or delay in doing its professional duties in consequence of circumstances
beyond its control. Such circumstances could be provoked by acts
of any governmental body, war, rebellion, 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 provisioning of
the Services.
This agreement constitutes the whole act of convention between the
parties with regard to the agreement signed between them. It is
not subject to any amendments, modifications, or any other alterations
with the exception of changes introduced through a written instrument
that is signed by the party to be charged.
- This Agreement shall be interpreted in consistence with the laws
of the State of Florida.
- This Agreement shall be in force and effect entirely to the benefit
of the parties hereto and their respective heirs, executors, administrators,
successors and assigns. - The captions and headings contained in
this TOS are aimed at facilitating the text comprehension. They
are not a part of the very Agreement, and shall not limit or construe
the provision they refer to. - This Agreement may be executed in
counterparts, which will be considered as original.
COPYRIGHTS
Copyrighted material must not be placed on Customers' accounts
without the permission of the copyright owners or people that
are specifically authorized by the copyright owners. Only copyright
owners or people specifically authorized by them may upload copyrighted
material to the account.
Upon our receipt of a notice of a claimed copyright
infringement containing the above information, after confirmation
we will promptly remove the allegedly infringing material from
the Services and carry out further procedures if necessary. We
will assume no liability to any Customer of the Services for the
removal of any such material.
Please report any violations of the Terms of Service
to abuse@DuoServers.com
ASSIGNMENT
Customer shall not have the right to assign this Agreement without
the written permission of DMHP Networks. This Agreement shall be in
force and effect to the total benefit of Customer and DMHP Networks
and their successors and permitted assigns. |
