DLS Web Design and Hosting

Web Hosting Terms of Service

DLS Web Design and Hosting prohibits sites engaged in:

Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, download or upload sites, backup space sites, CDN services (content delivery network), free web hosting service providers, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites and or archives,programs.

Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a 500 dollar clean up fee.

Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.

Adult Content
The determination of what is "adult content" and prohibited shall be solely made by DLS Web Design and Hosting.

Should a policy violation occur, DLS Web Design and Hosting reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to DLS Web Design and Hosting's system, servers, connectivity, reputation, business, service, network, operations, or equipment.

Web Site Content
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on DLS Web Design and Hosting servers). DLS Web Design and Hosting is not responsible for any lost files, information, or data.

System Updates
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. DLS Web Design and Hosting reserves the right to modify the processing times at any time without notice. If a client or DLS Web Design and Hosting support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in our system.

Shared Hosting Account Disk Space and Bandwidth Usage
90% or more of your content on your website must be linked from an HTML, PHP or similarly coded web page where all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk usage. In order to ensure that these limitations on our non-reseller hosting accounts are not broken, webspace and bandwidth will be allocated in increments of 1,000 MB of web space and 10,000 MB of bandwidth. When more space and or bandwidth is needed the user agrees to contact our helpdesk requesting more.

Users may not:
  1. Use 25% or more of system resources for longer then 90 seconds.
  2. Run IRCD or standalone server side unattentded processes.
  3. Run cron jobs that in intervals of less than 15 minutes.
  4. Run gaming servers, process game server stats, teamspeak, ventrillo or any other voice application, torrents, torrent related sites, trackers or applications on shared, reseller or vps plans.
  5. Run any processes related to or that interface with IRC programs and or networks.
  6. Run any kind of web indexer or web spider.
  7. Repeatedly create and delete large numbers of files on a regular basis causing system damage.
  8. Image Hosting Scripts (similar to Photobucket)
  9. Auto-Surf Scripts
  10. Mirror Scripts / Auto Dump Scripts (similar to rapidshare)
Inodes
Users may not exceed more than 50,000 Inodes per shared hosting account ( a shared hosting account is one cpanel username ). This limit is in place to prevent system overusage. Every email, webpage, file, etc takes up one inode.

Support
Free customer techincal support is provided via our helpdesk. Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support.

Refund Policy
DLS Web Design and Hosting offers a 30 day money back guarantee for hosting services only. Once the first 30 days have passed there are no pro-rated refunds.
DLS Web Design and Hosting refund policy only applies to first time clients and or accounts. For example if you sign up for an account, cancel and then signup again, you are not eligible for a refund.
There are no refunds for domain registration services.
If DLS Web Design and Hosting terminates an account due to Terms of Service policy violations, there will be no refund.
The fees for additional features are non-refundable.

Cancellation
DLS Web Design and Hosting reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. DLS Web Design and Hosting reserves the right to delete the policy violating web site content without notice.

Customers, with the exception of those with dedicated serves, can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's billing control panel contact form.

First time Shared Hosting and Reseller Hosting customers that cancel within the first 30 days of service are eligible for a refund per our 30 day money back guarantee. The 30 day money back guarantee applies to web hosting fees only.

Indemnification
Client agrees to defend, indemnify and hold harmless DLS Web Design and Hosting against any liabilities arising out of defective products sold to customers from DLS Web Design and Hosting servers, personal injury or property damage caused by products or services sold or distributed from DLS Web Design and Hosting servers, any material that infringes or allegedly infringes on the rights of a third party available from DLS Web Design and Hosting servers, and any material that libels or allegedly libels a third party available from DLS Web Design and Hosting servers.

Arbitration
By using any DLS Web Design and Hosting services, clients agree to binding arbitration. If any disputes or claims arise against DLS Web Design and Hosting, such disputes will be handled by an arbitrator of DLS Web Design and Hosting's choice. All decisions rendered by that arbitrator will be binding and final. Clients are also responsible for any and all costs related to such arbitration.

Disclaimer
DLS Web Design and Hosting is not responsible for any damages to any client's business. DLS Web Design and Hosting makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of DLS Web Design and Hosting's web hosting and email service is at the client's sole risk. DLS Web Design and Hosting's services are provided on an "as is, as available" basis.

DLS Web Design and Hosting does not guarantee that our services will be uninterrupted or error free. DLS Web Design and Hosting will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will DLS Web Design and Hosting be liable for any claims resulting from the use or inability to use DLS Web Design and Hosting's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to DLS Web Design and Hosting servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

DLS Web Design and Hosting reserves the right to revise our policies at any time.
DLS Web Design and Hosting   PO Box 1686   Bainbridge, GA   39818