The use of services from DivineSiteDesign.com
[hereafter
referred to as "DivineSiteDesign"] constitutes agreement to these terms.
You may view our Privacy Policy here.
1.) Account Setup / Email on file
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. If there is ever an abuse issue or
we need to contact you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times. Providing false contact
information of any kind may result in the termination of your account.
In dedicated server purchases or high risk transactions, it will be
necessary to provide government issued identification and possibly a
scan of the credit card used for the purchase. If you fail to meet
these requirements, the order may be considered fraudulent in nature
and be denied.
Transfers
Our transfers team will make every effort to help
you move your site to us, however, we can not make guarantees of the
transfer process. We provide this as a courtesy service and can not
make guarantees regarding its availability or the amount of time it may
take as each host is configured a little differently. We will try our
best, however, in some cases we may be unable to assist you in a
transfer of data from an old host.
2.) Content
All services provided by DivineSiteDesign may only be used for lawful
purposes. The laws of the State of Florida, the State of Texas, and the
United States of America apply.
The customer agrees to indemnify and hold harmless
DivineSiteDesign from any claims resulting from the use of our
services.
Use of our services to infringe upon any copyright
or
trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any other
copyrighted work. The offer of sale of any counterfeit merchandise of a
trademark holder will result in the immediate termination of your
account. If you believe that your copyright or trademark is being
infringed upon, please email abuse@divinesitedesign.com
with the information required. A list of required information may be
found here. If the
request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared
and Reseller servers
include:
IRC
Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, mirror, or banner-ad services (similar to rapidshare,
photobucket, or
commercial banner ad rotation), affiliate servers, topsites, commercial
audio streaming
(more than one or two streams), Escrow, High-Yield Interest Programs
(HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites/archives/programs, or sites promoting
illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and
Spam Scripts. Forums and or websites that distribute or link to warez
content are prohibited.
Using a shared account as a backup/storage device is not
permitted, with the exception of one cPanel backup of the same
account.
Examples of unacceptable material on Dedicated
servers include:Pirated Software / Warez, Escrow, High-Yield Interest
Programs (HYIP)
or related sites, Investment
sites (FOREX, egold exchange), sale of any controlled substance
without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery
sites, hate sites, hacker focused sites/archives/programs, or sites
promoting illegal activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums and or websites that distribute or
link to warez content are prohibited.
Our services, including all related equipment,
networks and network
devices are provided only for authorized customer use. Our systems may
be monitored for all lawful purposes, including to ensure that use is
authorized, for management of the system, to facilitate protection
against unauthorized access, and to verify security procedures,
survivability and operational security. During monitoring, information
may be examined, recorded, copied and used for authorized purposes. Use
of our system(s) constitutes consent to monitoring for these purposes.
We
reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene, threatening, illegal, or violates our terms
of service in any manner may be removed from our servers (or otherwise
disabled), with or without notice.
Failure to
respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response
within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse@divinesitedesign.com
and we
will be happy to assist you.
Potential harm to minors is strictly forbidden,
including but not limited to child pornography or content perceived to
be child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that
scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such
as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time
for you to change/update your password.
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
opt-in" will be treated as spam. Any user who sends out spam will have
their account terminated with or without notice.
Please read
http://www.divinesitedesign.com/mailpolicy.html for our generalized
mail
policy.
Sites advertised via SPAM (Spamvertised) may not
be
hosted on our servers. This provision includes, but is not limited to
SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No
organization or entity listed in the ROKSO
may be hosted on our servers. Any account which
results in our IP space
being blacklisted will be immediately suspended and/or terminated.
We reserve the right to require changes or disable
as
necessary any web site, account, database, or other component that does
not comply with its established policies, or to make any such
modifications in an emergency at its sole discretion.
We reserve 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 entirely at the discretion of DivineSiteDesign.
4.) Payment Information
You agree to supply appropriate payment for the
services received from DivineSiteDesign, in advance of the time period
during which such services are provided. You agree that until and
unless you notify DivineSiteDesign of your desire to cancel any or all
services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation
form
provided. Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you in
writing (typically email) that your account has been canceled. Your
cancellation confirmation will contain
a confirmation number in the subject for your reference, and for
verification purposes. You should
immediately receive an automatic "Your request has been received..."
email. An employee will confirm your request (and process your
cancellation) shortly thereafter. If you do not hear back from us, or
do not receive the automatic confirmation email within a few minutes
after submitting your cancellation, please contact us immediately via phone. We require
that cancellations of service are done through the online form to (a)
confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests, and
ensures
you are aware that the files, emails, and account may be removed
immediately
after a cancellation request is processed.
As a client of DivineSiteDesign, it is your responsibility to
ensure that your payment information is up to date, and that all
invoices are paid on time. DivineSiteDesign provides a 10 day grace
period
from the time the invoice is due and when it must be paid. Any invoice
that is overdue for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you require assistance
with this provision, please contact sales@divinesitedesign.com
DivineSiteDesign reserves the right to change the
monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. DivineSiteDesign is not
responsible for files and/or 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 the hosting
servers.
6.) Cancellations and Refunds
DivineSiteDesign reserves the right to cancel the account at any time
with or without notice.
Any abuse of our staff in any medium or format
will
result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
DivineSiteDesign gives you an unconditional 45 day money back guarantee
on managed shared hosting solutions for any customer who paid the first
invoice with a credit card or with Paypal.
The following methods of payments are
non-refundable, and refunds will
be posted as credit to the hosting account:
-Bank Wire Transfers
-Western Union Payments
-Checks
-Money orders
There are no refunds on dedicated servers,
administrative fees, install
fees for custom software, or domain name purchases. Refund requests for
shared accounts after the initial 45 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.
Violations of the Terms of Service will waive
the
refund policy.
7a.) Resource Usage
User may not:
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 stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a
local
file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared
account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will
automatically be removed from our backup
system to avoid overusage. Every file (a webpage, image file, email,
etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension.
The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary
account mailbox. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit. To
disable your default mailbox, login to cPanel and choose "Mail",
then "Default Address", "Set Default Address", and then
type in: :fail: No such user here
8.) 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.
9a.) Money back Guarantee
On dedicated servers and colocation no full
refund will
be honored -- the 45 day money back guarantee does not apply. We
reserve the right to refund a prorated amount or no refund at all.
Each of the managed shared and reseller servers
carry a
45 day unconditional money back guarantee on them. If you are not
completely satisfied with our services within the first 45 days of your
service, you will be given a full refund of the contract amount.
Remember, this is only for monthly shared or reseller packages and does
not apply to dedicated servers, administrative fees, install fees for
custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of
DivineSiteDesign
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the
uptime
reported by other individual services. To request a credit, please
contact
sales@divinesitedesign.com with justification. All requests must be
made in
writing via email. Uptime guarantees only apply to shared / reseller
solutions. Dedicated servers are covered by a network guarantee in
which the credit is prorated for the amount of time the server is down
which is not related to our uptime guarantee.
10.) Shared (non-reseller accounts) /
Semidedicated
Servers
Shared
accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semidedicated servers
are not backed up. You must maintain your own backups.
11.) Dedicated Servers
DivineSiteDesign reserves the right to reset the password on a
dedicated
server if the password on file is not current so that we may do
security audits as required by our datacenter. It is the responsibility
of the client to ensure that there is a valid email address and current
root password on file for their dedicated server on file to prevent
downtime from forced password resets. DivineSiteDesign reserves the
right to
audit servers as needed and to perform administrative actions at the
request of our datacenter. Dedicated servers are NOT backed up by us
and it is the responsibility of the client to maintain backups or have
a solution for this. You may purchase an additional hard drive and
maintain backups to it as the most simple solution. Please contact
sales@divinesitedesign.com if you wish to obtain a secondary hard
drive. It is
your responsibility to maintain backups.
13.) 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
divinesitedesign.com, and the right to increase the amount of resources
given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
DivineSiteDesign harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted
against DivineSiteDesign, 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 DivineSiteDesign against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with DivineSiteDesign; (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 the hosting server.
14b.) Arbitration
By using any DivineSiteDesign services, you agree to submit to binding
arbitration. If any disputes or claims arise against DivineSiteDesign
or its subsidiaries, such disputes will be handled by an arbitrator of
DivineSiteDesign's choice. An arbitrator from the American Arbitration
Association or the National Arbitration Forum will be selected in the
states of California or Texas. Arbitrators shall be attorneys or
retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final. The
arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible for
any and all costs related to such arbitration.
15.) Disclaimer
DivineSiteDesign shall not be responsible for any damages your business
may suffer. DivineSiteDesign makes no warranties of any kind, expressed
or implied for services we provide. DivineSiteDesign 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
DivineSiteDesign and its employees.
16.) Disclosure to law enforcement
DivineSiteDesign may disclose any subscriber
information to law enforcement agencies without further consent or
notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
DivineSiteDesign reserves the right to revise its policies at any time
without notice.
