Home Hosting Plans Buy Now Compare Plans Customer Support Software Downloads Terms and Policy About us  Contact us

Free Setup | 24/7 Customer Support | 30 days Money back Guarantee |


Menu
Home

Hosting Plans

Buy Now

Compare Plans

Customer Support

FAQ's

Terms of Service

Software Download
Member Login
Our Network
Network Status
About Us

Contact Us


Services
Web Promotion
Downloads for PC

 

Click Here for Support Options

Beginner PlanAdvanced PlanGold PlanPlatinum Plan Add-OnsAnnouncements Member Login

TERMS OF SERVICE AND ACCEPTABLE USE POLICY

 

1. Introduction
This Terms of Service is an agreement between Customer and dmihosting.com (Digital Millenium Inc.) ("Agreement") and applies to Customer's account(s) with dmihosting.com (Digital Millenium Inc.). PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. dmihosting.com (Digital Millenium Inc.) is under no obligation to, provide notices of any amendment, modification or update of this Agreement to Customers.

2. General Provisions
While using Services provided by dmihosting.com (Digital Millenium Inc.), you agree to the following terms and conditions.

Definitions

 

"We" "Us" "Provider" or "dmihosting.com (Digital Millenium Inc.)" refers dmihosting.com (Digital Millenium Inc.), Inc.

 

and

"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with dmihosting.com (Digital Millenium Inc.).

3. Services Provided by dmihosting.com (Digital Millenium Inc.)
dmihosting.com (Digital Millenium Inc.) will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow dmihosting.com (Digital Millenium Inc.) customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. dmihosting.com (Digital Millenium Inc.) customers will use the provided Services in a manner consistent with all applicable State and Federal laws. dmihosting.com (Digital Millenium Inc.) will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, dmihosting.com (Digital Millenium Inc.) may immediately terminate Customer's account(s) without notice. dmihosting.com (Digital Millenium Inc.) will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

4. Duration of Agreement and Renewals
The Initial Term shall begin upon confirmation of Customer's order or commencement of the Services to Customer and the Term's length shall be indicated in the Order Form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.

This Agreement may be terminated by either party by giving the other party written notice at least 30 days prior to the renewal date of the Term, or by dmihosting.com (Digital Millenium Inc.)  in the event of nonpayment by Customer or by dmihosting.com (Digital Millenium Inc.) , at any time, without notice, if in dmihosting.com (Digital Millenium Inc.) 's judgment Customer has in any way breached this Agreement.

 

5.Payment Obligations and Cancellations

A-)Payment Obligations: Full payment is required in advance, before hosting service is established. You grant dmihosting.com (Digital Millenium Inc.) the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by dmihosting.com (Digital Millenium Inc.) according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that dmihosting.com (Digital Millenium Inc.) may require) is accurate and truthful. All payment-due notices will be sent by Email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, your account will be suspended. To activate such a suspended account which was suspended due to non payment you will need to pay $30 re-opening charges. Max. Period of suspension due to non payment is 5 days after which accounts are permanently deleted and terminated.

 

There is a $100 fine for chargebacks which may occur if Customer disputes dmihosting.com service charges directly with Customer's credit card bank.

B-)Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. dmihosting.com (Digital Millenium Inc.) will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, fee for the running month and an early cancellation fee of $25. For the beginner plan a separate cancellation fee of $25 will not be charged after min. 30 days of service. Instead the amount left over will be absorbed as cancellation charges.
In simple terms refunds for beginner hosting plans are not possible after 30 days of service. Accounts that are terminated by dmihosting.com (Digital Millenium Inc.) will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; E-mail and fax notifications are acceptable for cancellation please email cancellations@dmihosting.com or fax to 1-530-325-5086. Once your email or fax is received we will forward you a cancellation request form which must be filled out, signed and faxed to 1-503-568-1561

C-)Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

 

6. dmihosting.com will act as Reseller or Licensor.
dmihosting.com(Digital Millenium Inc.) is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by third parties ("Non-dmihosting.com(Digital Millenium Inc.) Product"). dmihosting.com(Digital Millenium Inc.) shall not be responsible for any changes in the Services that cause the Non-dmihosting.com(Digital Millenium Inc.) Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-dmihosting.com(Digital Millenium Inc.) Product either sold, licensed or provided by dmihosting.com(Digital Millenium Inc.) to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of dmihosting.com(Digital Millenium Inc.)'s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-dmihosting.com(Digital Millenium Inc.) Product are limited to those rights extended to Customer by the manufacturer of such Non-dmihosting.com(Digital Millenium Inc.) Product. Customer is entitled to use any Non-dmihosting.com(Digital Millenium Inc.) Product supplied by dmihosting.com(Digital Millenium Inc.) only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by dmihosting.com(Digital Millenium Inc.) to Customer through any Non-dmihosting.com(Digital Millenium Inc.) Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-dmihosting.com(Digital Millenium Inc.) Product, or any technical data derived there from, in violation of any applicable United States or foreign law.

7. IP Address Ownership.
During the course of providing Services to customer dmihosting.com(Digital Millenium Inc.) may assign to Customer an Internet Protocol address. Customer agrees that it has no right to a particular IP address under this agreement and accordingly dmihosting.com(Digital Millenium Inc.) shall retain ownership of any IP address or addresses used by Customer under this agreement and that dmihosting.com(Digital Millenium Inc.) reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

8. Caching.
Customer expressly grants to dmihosting.com(Digital Millenium Inc.) a license to cache Customer's Content including content supplied by third parties and hosted by dmihosting.com(Digital Millenium Inc.) under this Agreement and Customer agrees to indemnify and hold harmless dmihosting.com(Digital Millenium Inc.) for any infringement of any third party's intellectual property rights thereby affected from said caching.

 

9.Customer Use of Services

A-)Client Content:

Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of dmihosting.com (Digital Millenium Inc.) or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to dmihosting.com (Digital Millenium Inc.) or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailing, newsgroup spamming, religious sites except islamic sites, music download service,  dating services, pornographic content or links to adult websites, nudity, selling alcohol or drugs or linking to websites selling alcohol or drugs, copyrighted MP3s, copyrighted video movies, illegal content, copyright infringement, trademark infringement, Warez, hacks, cracks, or software serial numbers. dmihosting.com (Digital Millenium Inc.) will be the sole and final arbiter as to what constitutes a violation of this policy.

 

No Unauthorized Scripts or Executables. Customer agrees not to run any scripts, executables or other programs or processes on dmihosting.com(Digital Millenium Inc.)'s servers or other equipment that will in any way adversely affect the performance of said equipment. DmiHosting.com doesn't provides TELNET/SSH access to clients for security reasons. If you are caught accessing our servers via these methods your account will be immediately terminated.

 

B-)Disk and Bandwidth Usage:

Customer agrees that dmihosting.com(Digital Millenium Inc.) will monitor and measure Customer's bandwidth and disk usage and in the event that Customer exceeds the bandwidth or disk usage allocated to each hosting package dmihosting.com(Digital Millenium Inc.) may take corrective action which may, at dmihosting.com(Digital Millenium Inc.)'s sole discretion, include the assessment of additional charges, suspension, disconnection or discontinuance of any and all Services, or termination of this Agreement. Customer agrees that in the event of a dispute dmihosting.com(Digital Millenium Inc.)'s monitoring reports shall be the final method of determination how much disk space and bandwidth was used and agrees to pay the excess usage charges when due. To avoid unfair resource distribution at no time shall Customer use more than 10 simultaneous processes by and with any of Customer's applications. All images in a Customer's hosting account must be linked to from pages within the Customer's hosting account. It is a violation of this agreement if Customer uses this account as merely an image, sound or file library. Binary files such as images, video and sound (i.e. MP3, WAV, RA, GIF, JPG but not limited to those file extensions) may only account for a maximum of 50% of Customer's total bandwidth usage before customer must upgrade to a higher performance solution.

 

Sites that use more bandwidth or disk space than their allocated quota will be charged extra fee or suspended.

 

10.Excessive Resource User Policy:

 

A-)Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, MySQL etc. A site that consumes more bandwidth or disk space then its allocated quota is also considered using "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. dmihosting.com (Digital Millenium Inc.) will be the sole and final arbiter as to what constitutes a violation of this policy.

B-)No "Spam" Policy: UCE/UBE or "Spam" originating from a dmihosting.com (Digital Millenium Inc.) account, or associated with a dmihosting.com (Digital Millenium Inc.) account, is not tolerated. This includes any e-mail that promotes web sites hosted on a dmihosting.com (Digital Millenium Inc.) account but is sent from an e-mail address not associated with that dmihosting.com (Digital Millenium Inc.) account. Client shall not use their dmihosting.com (Digital Millenium Inc.) services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. dmihosting.com (Digital Millenium Inc.) reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

 

There will be a $100 Fine if an account was suspended for policy violation.

C-)False Information: False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact dmihosting.com (Digital Millenium Inc.) concerning unethical, false or unlawful activities by you, dmihosting.com (Digital Millenium Inc.) reserves the right to terminate your service without notice.

D-)Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

E-)Back-Up Files: dmihosting.com (Digital Millenium Inc.) will make every reasonable effort to protect and backup data for Client on a regular basis, however dmihosting.com (Digital Millenium Inc.) does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. Therefore we recommend that you back up your data yourself.

 

F-)99.9% Uptime: dmihosting.com (Digital Millenium Inc.) has a 99.9% average uptime across our entire network at large, which includes web servers, mail servers, and more - as a whole. If a single server is temporarily offline, the rest of the dmihosting.com (Digital Millenium Inc.) servers remain unaffected and uninterrupted, thus contributing to our overall uptime.

 

G-)Server/Network Maintenance
You understand and agree that a network outage may and can occur beyond dmihosting.com (Digital Millenium Inc.)'s control and dmihosting.com can not be held accountable for any such outage or service interruption.

 

11. Intellectual Property Rights

Customer acknowledges that dmihosting.com (Digital Millenium Inc.) owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the Services and their provision. Customer further acknowledges and agrees that nothing in this Agreement shall constitute a license to Customer to resell or trade under any of dmihosting.com (Digital Millenium Inc.)'s intellectual property.

12.Disclaimer of Warranty
You agree to use the Services and any information obtained through or from dmihosting.com (Digital Millenium Inc.) at your own risk. You acknowledge and agree that dmihosting.com (Digital Millenium Inc.) exercises no control over, and accepts no responsibility for, the content of information passing through dmihosting.com (Digital Millenium Inc.)'s host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. dmihosting.com (Digital Millenium Inc.) MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. dmihosting.com (Digital Millenium Inc.) MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. dmihosting.com (Digital Millenium Inc.) EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY dmihosting.com (Digital Millenium Inc.). NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY dmihosting.com (Digital Millenium Inc.) PERSON WILL CREATE ANY WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER'S OWNERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

dmihosting.com (Digital Millenium Inc.) is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of dmihosting.com (Digital Millenium Inc.). This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by dmihosting.com (Digital Millenium Inc.).

13.No Liability
You agree that dmihosting.com (Digital Millenium Inc.) will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to dmihosting.com (Digital Millenium Inc.) at the time) which may exist in the Services or in dmihosting.com (Digital Millenium Inc.)'s equipment used to provide the Services.

Under no circumstances will dmihosting.com (Digital Millenium Inc.) be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. dmihosting.com (Digital Millenium Inc.) will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to dmihosting.com (Digital Millenium Inc.)'s records, programs, equipment or services.

dmihosting.com (Digital Millenium Inc.) will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
 

This No liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

14.Right to Refuse Service
At its sole discretion, dmihosting.com (Digital Millenium Inc.) has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

15.Indemnification
Customer agrees to indemnify, defend and hold harmless dmihosting.com (Digital Millenium Inc.), its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

16.Disclosure of Customer Information and Legal Process
Although dmihosting.com (Digital Millenium Inc.) maintains strict confidentiality on Customer's information, there are certain exceptions in which dmihosting.com (Digital Millenium Inc.) may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. dmihosting.com (Digital Millenium Inc.) has no obligation to notify Customer about whom the information is sought or that dmihosting.com (Digital Millenium Inc.) has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

17.Governing Law; Jurisdiction; Arbitration
This Agreement is governed by California law and both parties will submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Los Angeles, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

18.Assignment
Customer will not have the right to assign this Agreement without the prior written consent of dmihosting.com (Digital Millenium Inc.).

19.Entire Agreement
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.


Copyright 1998-2011 Digital Millenium Inc. Dmihosting.com and DmiSoftware.com are both divisions of Digital Millenium Inc. All rights Reserved. The Use of this site and the services offered are subject to the dmihosting.com Terms of Service.