User Agreement / Terms of Service
1.) 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.
2.) 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
3.) 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.
4.) Our Mail Policy and Limits
Limits:
There is a 200 hourly email 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 a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per email address. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again, make sure to disable auto checking, or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a dedicated hosting solution from us. Please note that dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules:
1. Anytime you're sending a message, no matter how large your mailing list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle, you must switch to something else. We recommend phpList, which can be found in your control panel under Fantastico. If you do not throttle and you try sending, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. 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 emails 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 1 AM - 8 AM Eastern Time on Monday - Friday.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care and how you justify it, this is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero tolerance policy regarding the sending of unsolicited e-mail.
5.) 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.
6.) 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.
7.) 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.
8.) 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.
9.) 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.
10.) 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.
11.) 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.
12.) 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.
13.) 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.
14.) 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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