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User Agreement / Terms of Service

 

Domís Web Hosting, L.L.C.

Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

Content

All services provided by Dom’s Web Hosting, L.L.C. may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Dom’s Web Hosting, L.L.C. from any claims resulting from the use of our services. Examples of unacceptable material: IRC Bots Warez Sites Pirated Software Hate sites Hack programs and archives

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Please read Dom’s Web Hosting, L.L.C.'s e-mail policy. Dom’s Web Hosting, L.L.C. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Dom’s Web Hosting, L.L.C. also reserves the right to make any such modifications in an emergency at our sole discretion. Dom’s Web Hosting, L.L.C. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Dom’s Web Hosting, L.L.C.. All rights reserved.

Our Mail Policy and Limits

Limits: There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again. Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes. Any mailing list larger than 5,000 addresses will require a dedicated server from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed. Mailing Lists Rules: 1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico. IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server. 2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday. 3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account. 4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam. 5. Any mailling list MUST comply with all guidelines set forth by the United States government. 6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts. Payment Information: You agree to supply appropriate payment for the services received from Dom’s Web Hosting, L.L.C., in advance of the time period during which such services are provided. You agree that until and unless you notify Dom’s Web Hosting, L.L.C. of your desire to cancel any or all services received, those services will be billed on a recurring basis. Payment for any charges is due 20 days after the date of invoice or by indicated due date on invoice. All payments must be made in US dollars. Accounts which have charges outstanding for over 30 days from the date of invoice shall be deemed to be in default, and subject to termination of service. In the event that subscriber's check is not honored by the bank against which it is drawn, the subscriber will be liable for an additional charge of US$25.00.  Any charge that is not paid within 30 days from the date of invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law. However, in the event a subscriber's account is in default, Dom's Web Hosting, LLC shall have the right to discontinue service.  Dom's Web Hosting, LLC shall further have the right to delete all files, information and mail under the account. Once Dom's Web Hosting, LLC discontinues service under this paragraph, if the subscriber wishes to use the service again, the subscribe must re-apply as a new subscriber, and pay any and all fees required for new subscribers, including, but not limited to activation and start-up fees. All compensation due to Dom's Web Hosting, LLC for work completed on behalf of the subscriber, once any down payments have been paid to Dom's Web Hosting, LLC by the subscriber, will remain due and payable in full. Dom’s Web Hosting, L.L.C. reserves the right to change the monthly payment amount and any other charges at anytime. Backups and Data Loss Your use of the service is at your sole risk. Dom’s Web Hosting, L.L.C. is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Dom’s Web Hosting, L.L.C. servers. Cancellation and Refunds Dom’s Web Hosting, L.L.C. reserves the right to cancel the account at any time. Customers may cancel at any time. Dom’s Web Hosting, L.L.C. gives you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Resource Usage Users may not initiate the following: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely- hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e)Run any bit torrent f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc. Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Money Back Guarantee We reserve the right to refund a prorated amount or no refund at all. Each of Dom’s Web Hosting, L.L.C.'s managed shared plans carries a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for monthly shared packages. Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Dom’s Web Hosting, L.L.C., and the right to increase the amount of resources given to plans at any time. Indemnification Customer agrees that it shall defend, indemnify, save and hold Dom’s Web Hosting, L.L.C. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Dom’s Web Hosting, L.L.C., 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Dom’s Web Hosting, L.L.C. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dom’s Web Hosting, L.L.C.; (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 customers from Dom’s Web Hosting, L.L.C.'s server. Disclaimer Dom’s Web Hosting, L.L.C. will not be responsible for any damages your business may suffer. Dom’s Web Hosting, L.L.C. makes no warranties of any kind, expressed or implied for services we provide. Dom’s Web Hosting, L.L.C. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Dom’s Web Hosting, L.L.C. and its employees. Changes to the TOS Dom’s Web Hosting, L.L.C. reserves the right to revise its policies at any time without notice.
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User Agreement