Terms Of Service
Any use of DigitalMediaHosts.com website and / or services constitutes
agreement to these terms.
1.) Account Setup / Valid Email Address
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.
2.) Content
All services provided by DigitalMediaHosts.com may only be used
for lawful purposes. This Agreement shall be governed by and construed
in accordance with the law of England and Wales and the parties
hereby submit to the exclusive jurisdiction of the English courts.
The customer agrees to indemnify and hold harmless DigitalMediaHosts.com
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 admin@DigitalMediaHosts.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 include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez,
".img" / image hosting only sites that do not host an
actual domain name, Escrow, High-Yield Interest Programs(HYIP),
Bank Debentures, Bank Debenture Trading Programs, and Prime Banks
Programs, lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material
that in our judgement that is obscene or threatening is prohibited
and will be removed from our servers 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.
If in doubt regarding the acceptability of your site or service,
please contact us 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 terminated immediately without notice.
Violations will be reported to the appropriate legal authorities.
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. 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.
DigitalMediaHosts.com reserves 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. DigitalMediaHosts.com 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 entirely at the
discretion of DigitalMediaHosts.com.
4.) Payment Information
You agree to supply appropriate payment for the services received
from DigitalMediaHosts.com, in advance of the time period during
which such services are provided. You agree that until and unless
you notify DigitalMediaHosts.com of your desire to cancel any
or all services received, those services will be billed on a recurring
basis. Cancellations must be made via the cancellation
section.
DigitalMediaHosts.com 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. DigitalMediaHosts.com
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 DigitalMediaHosts.com servers.
6.) Cancellation and Refunds
DigitalMediaHosts.com reserve 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 the cancellation
section. DigitalMediaHosts.com gives you an unconditional
30 day money back satisfaction guarantee. There are no refunds
on, administrative fees, install fees for custom software, or
domain name purchases. 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.
Violations of the Terms of Service will waive the refund policy.
7.) 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 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 application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492,
etc
h) Run cron entries with intervals of less than 15 minutes
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. 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 does not apply to administrative fees,
install fees for custom software, or domain name purchases. We
reserve the right to refund a prorated amount or no refund at
all.
10.) Uptime Guarantee
If your 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 refund is at the discretion of DigitalMediaHosts.com
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 of the server which may differ from the uptime
reported by individual services. To request a refund, please contact
admin@DigitalMediaHosts.com with justification. All requests must
be made in writing via email.
11.) Account Sharing
You may not resell web hosting to other people, or in anyway share
your account with another person.
12.) Dedicated Servers
DigitalMediaHosts.com reserves the right to reset the password
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 to prevent downtime from forced
password resets. DigitalMediaHosts.com reserves the right to audit
servers as needed and to perform administrative actions at the
request of our datacenter.
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 DigitalMediaHosts.com,
and the right to increase the amount of resources given to plans
at any time.
14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
DigitalMediaHosts.com harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against DigitalMediaHosts.com, 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 DigitalMediaHosts.com against
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with DigitalMediaHosts.com; (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 DigitalMediaHosts.com's server.
15.) Disclaimer
DigitalMediaHosts.com shall not be responsible for any damages
your business may suffer. DigitalMediaHosts.com makes no warranties
of any kind, expressed or implied for services we provide. DigitalMediaHosts.com
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 DigitalMediaHosts.com and its employees.
16.) Disclosure to law enforcement
DigitalMediaHosts.com may disclose any subscriber information
to legal authorities without further consent or notification to
the subscriber upon lawful request from such authorities.
We will cooperate fully with legal authorities.
17.) Changes to the Terms Of Service
DigitalMediaHosts.com reserve the right to revise its policies
at any time without notice.