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 de Optic HOSTING 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 de Optic HOSTING
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.
de Optic HOSTING 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.
de Optic HOSTING also reserves the right to make any such modifications
in an emergency at our sole discretion.
de Optic HOSTING 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
de Optic HOSTING. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received
from de Optic HOSTING, in advance of the time period during which
such services are provided. You agree that until and unless you
notify de Optic HOSTING of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
de Optic HOSTING 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. de Optic HOSTING
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 de Optic HOSTING servers.
6.) Cancellation and Refunds
de Optic HOSTING reserves the right to cancel the account at any
time.
Customers may cancel at any time. de Optic HOSTING gives you an
unconditional first 30 day money back guarantee on managed shared
hosting, and reseller solution's. 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.
7.) 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 gaming servers such as counter-strike, half-life, battlefield1492,
etc
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.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be honored,
the 30 day money back guarantee does not apply. We reserve the
right to refund a prorated amount or no refund at all.
Each of de Optic HOSTING's managed shared, and reseller plans
carries a first 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
or reseller packages, and not for dedicated servers.
10.) Price Change
We reserve the right to change prices listed on de
Optic HOSTING, and the right to increase the amount of resources
given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
de Optic HOSTING harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against de Optic HOSTING, 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 de Optic HOSTING against liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with de Optic; (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 de Optic
HOSTING's server.
12.) Disclaimer
de Optic HOSTING will not be responsible for any damages your
business may suffer. de Optic HOSTING makes no warranties of any
kind, expressed or implied for services we provide. de Optic HOSTING
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
de Optic HOSTING and its employees.
13.) Changes to the TOS
de Optic HOSTING reserves the right to revise its policies at
any time without notice. |
