Terms

Dreammakers Hosting (referred hereinafter as 'DMHosting', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to DMHosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libellous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the Internet.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
DMHosting reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:

Databases are only to be used for DMHosting-hosted web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

DMHosting 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. DMHosting also reserves the right to make any such modifications in an emergency at our sole discretion.

3. Indemnification

You agree to indemnify, defend, and hold harmless DMHosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, DMHosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

4. Refusal or discontinuation of service

DMHosting reserves the right to refuse or discontinue service to anyone at DMHosting' sole discretion. DMHosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that DMHosting in its sole discretion believes violates any of the terms and conditions in this agreement. DMHosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that DMHosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. DMHosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. DMHosting also reserves the right to refuse refunds in cases where DMHosting believes abuse has taken place.

5. No warranties

DMHosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by DMHosting or its agents or employees shall create a warranty. DMHosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall DMHosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with DMHosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on DMHosting' servers that such information becomes available to all Internet users and that DMHosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of DMHosting' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through DMHosting or on the Internet generally.

Your use of the service is at your sole risk. DMHosting 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 DMHosting servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by DMHosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future DMHosting policy decisions.

DMHosting reserves the right to monitor any and all communications through or with our facilities. You agree that DMHosting is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply DMHosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from DMHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify DMHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

9. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with DMHosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on DMHosting' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Copyright 2004 - Dreammakers Hosting - All rights reserved