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This DSM Host Terms Of Service agreement (hereafter referred to as
the "TOS") lays down the terms and conditions by which DSM Host
Hosting Services (hereafter referred to as the "Services") will be
provided to you upon registration. The TOS also describes prohibited
uses of the Services. This TOS is not exhaustive and DSM Host
reserves the right to modify it from time to time, effective when
notification is posted at www.dsmhost.com. No verbal or written
agreement/statement by any DSM Host employee or at DSM Host
website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to
all the terms and conditions of the TOS, as modified from time to
time, in its entirety. If Customer resells the Services he or she is
paying for, the Customer will be responsible for his or her Clients.
DSM Host only recognizes the Customer who is paying for the
Services and not his or her clients. Violation of the TOS or any
such action that DSM Host deems inappropriate may result in the
termination or suspension of the Services for the Customer.
Payment. The Services purchased by the Customer
will be in the form of a specific Windows, Linux, VPS or Reseller
Service Plan. Each Service Plan outlines the features, resources and
storage that DSM Host will provide to the Customer for the stated
Service Fee. Each Service Plan along with their features, resources,
storage and Service Fee are defined at www.dsmhost.com. DSM Host has
the sole right to determine how the features, storage and resources
under each Service Plan are interpreted and how they will be
provided to the Customer. The Customer must clarify any questions
about the Service Plan he or she wishes to purchase with DSM Host
before registration. The Service Plan will be provided to the
Customer in the form of a Service Account, which would allow the
Customer to manage and use the features, resources and storage
stated in the chosen Service Plan. All prices mentioned in the TOS
and at www.dsmhost.com are in US Dollars (USD)
While registering for a Service Plan, the customer may choose a
Billing Period (also know as Payment Term) of 1 Month, 3 Months, 6
Months or 1 Year. All Service Accounts are setup on a pre-pay basis.
Upon the start of each Billing Period, the Customer will be charged
the Service fee for the duration of the Billing Period. There may be
additional charges according to our Overage Policy if any additional
resources, features or storage is purchased or used by the Customer
under the chosen Service Plan (which were not otherwise included for
free). The Billing Period will renew itself automatically on
termination unless the Customers chooses to cancel his or her
Service Account (according to the Cancellation/Refund Policy)
All charges will be debited against the Customer's balance
maintained by DSM Host. If the Customer's debt exceeds $4.00 USD,
he or she is required to clear his or her balance within 7 days by
the chosen Payment Mode (selected during registration). Failure to
do so would lead to Service Account suspension. The Customer's
Service Account would only be resumed when the customer clears his
or her balance and pays for the Service Fee for the duration of the
next Billing Period as well. If the Customer doesn't pay his or her
balance within 14 days after Service Account suspension, DSM Host
reserves the right to terminate the Customer's Service Account
A fee of $30 USD will be levied for every returned check and credit
card charge back. DSM Host reserves the right to change pricing of
the Services from time to time. DSM Host also reserves the right
to withdraw any feature from a Service Plan, at any time it wishes
to do so.
Overages. If Customer exceeds the feature, storage
or resources limits defined by his or her chosen Service Plan, he or
she will be charged for the extra usage according to the Overage
rates outlined in that Service Plan. Customer may also purchase
additional features, storage and resources by the same overage
rates. If Customer uses/purchases more than 200% of the resources
allocated in the chosen Hosting Plan, DSM Host reserves the right
to terminate the Customer's Service Account with a 5-day prior
notification. All overage rates are prorated. The overage fees
charged will be for the remaining portion of the Customer's current
Billing Period
Refunds/Cancellations. All Service Accounts must be
cancelled by filling out the cancellation form at
http://www.dsmhost.com/cancelform.php.
The Customer will be eligible for refund if he or she chose PayPal
or Credit Cards as their Payment Mode during registration. Refund
will be made for unused months only of the current Billing period
after deducting a Refund Charge of $10.00. If however the customer's
registration date is less than 30 days from the cancellation date,
the customer will receive a full refund.
Refunds will not be made if the Customer's balance is not current or
if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination.
Services are provided on an "as is" basis." DSM Host is not liable
to you for any compensation, reimbursement or damages on account of
the loss of prospective profits, anticipated sales, goodwill or on
account of expenditures, investments, leases or commitments in
connection with your business, or for any other reason whatsoever
flowing from the interruption, termination, suspension or
cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account
operation. The customer is in no way relieved from paying these
charges on Service Account interruption, suspension, termination or
cancellation
Material and Product Requirements. You must
ensure that all material and data placed on DSM Host
servers/systems is in a form requiring no additional manipulation by
DSM Host. DSM Host will make no effort to validate any of this
information for content, correctness or usability.
Use of the Services 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 of the Services.
You must have the necessary knowledge for your intended use of the
Services. DSM Host will not provide this knowledge to the Customer
Intellectual Property Rights. You must not
use the Services in a manner that would infringe, violate, dilute or
misappropriate any copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. If you use a domain name
in connection with the Services, you must not use that domain name
in violation of any trademark, service mark, or similar rights of
any third party.
Web Site Operation and Security. If you run
a Web Site through the Services, you are solely responsible for it's
operation and maintenance and DSM Host plays no such role in it.
You are also responsible for the security of any client credit card
numbers and related client information you may access as a result of
conducting electronic commerce transactions through your Web Site.
DSM Host will not be responsible for the security of such
information
You also expressly (i) grant to DSM Host a license to cache the
entirety of your Web Site, including content supplied by third
parties, hosted by DSM Host under this Agreement and (ii) agree
that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
IP Address Ownership. DSM Host shall
maintain and control ownership of all IP numbers and addresses that
may be assigned to you by DSM Host. DSM Host reserves the right
to change or remove any and all such IP numbers and addresses.
General Abuse. Any attempt to cause harm or
undermine DSM Host servers, computers, network or customers is
prohibited. Use of the Services to carry out any activity that is
illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted
to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software
cracks, software cracking tutorials and software serial numbers)
that may help any individual to obtain copyrighted software or music
illegally.
10. Hosting or linking to computer software that may be used for
spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to
Internet Users which includes blatant expressions of bigotry, racism
or hatred
12. Providing/Promoting material about illegal activities or
promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children
under the age of 18
Email Abuse. The following activities are
considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to
commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious
tracts. Such emails may only be sent in if the receiver explicitly
requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing
email headers
3. Mail Bombing. This includes sending a large number of emails to
disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes
harassment or intimidation through frequency of emails, size of
emails and the language of emails. If the recipient asks to stop,
you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial
advertising and posting that may be against the rules of a Usenet
discussion group or mailing list.
Such activities carried out from servers/systems not managed by 10
Seconds are ALSO prohibited if they link to websites, content or
material hosted on DSM Host servers/systems.
Emailing abuse carries a fine of up to $100 USD per email message
sent, depending on the severity of the violation. Email abuse is
also grounds for immediate suspension of your Service Account and an
appropriate legal action.
Server Abuse.
Server abuse includes any process or service usage that affects
normal server/system operation, resources or connectivity, and which
causes a server/system to become overloaded. Such abuse includes,
but is not limited to, excessive CPU, hard disk and memory usage,
excessive number of concurrent processes, excessive number of
concurrent port or database connections and excessive bandwidth
usage. Possible causes for server abuse include, but are not limited
to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP,
ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server
abuse, DSM Host will try to disable the specific script, website
or database that is causing the abuse under your Service Account. If
this is not possible, DSM Host will suspend your entire Service
Account. The specific script, website or database under the Service
Account or the Service account itself will only be resumed once the
Customer has corrected the problem and convinced DSM Host that the
abuse will not occur again. DSM Host will endeavor to provide
prior notification before carrying out any such action but 10
Seconds may do so without any such notification, in its own
discretion.
Lawful Purpose. DSM Host reserves the right to refuse
service to anyone. Customers may only use the Services for lawful
purpose. Transmission of any material in violation of US and
International laws is prohibited. This includes, but is not limited
to copyrighted material without explicit permission from the
author/owner, material legally judged to be threatening or obscene,
and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion
of DSM Host. Regardless of the place of signing this agreement,
the client agrees that for purposes of venue and jurisdiction the
TOS was entered into and performed in United State of America and
any dispute will be litigated or arbitrated in California, USA.
Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will
be held in the courts of California. IN NO EVENT SHALL DSM Host
MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY
CUSTOMER.
Notifications. All notifications to the
customer will be sent by electronic mail (email). It is the
responsibility of the customer to ensure his or her email address is
valid at all times. DSM Host will not be responsible if Customer
fails to receive any email DSM Host attempted to send
Indemnification.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD 10
SECONDS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST DSM Host, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS DSM Host AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH DSM Host
SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (
3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM DSM Host SERVICES
Disclaimer. DSM Host WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. DSM Host
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. DSM Host DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND
ALL SERVICE INTERRUPTIONS CAUSED BY DSM Host AND ITS EMPLOYEES. 10
SECONDS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
Email:
info@dsmhost.com
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