Acceptable Use Policy (AUP)/Terms Of Service (TOS)
By using our webhosting services, you agree to comply with
our policies. You are expected to use the Internet with respect,
courtesy, and responsibility, giving due regard to the rights
of other Internet users. We expect you to have a basic knowledge
of how the Internet functions, the types of uses which are
generally acceptable, and the types of uses which are to be
avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities
such as unauthorized distribution or copying of copyrighted
software, violation of U.S. export restrictions, harassment,
fraud, trafficking in obscene material, drug dealing, and other
illegal activities.
Our Address
DLConcepts.com
PO Box 133
Windermere, FL 34786
Money Back Guarantees
1) 30 Days for each "Shared Hosting" plan.
2) 7 Days for each "Reseller Hosting" plan.
3) 0 Days for each "Dedicated or Colocated" Hosting
plan.
Dedicated and Colocated services require a 30 day cancellation
notice unless otherwise stiplulated in a separate contract.
No Money Back guarantees apply to Dedicated, colocated or any
other non-shared or reseller hosting service.
Interpretation
The provisions of this Policy are intended as guidelines and
are not meant to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the Internet community,
whether or not expressly mentioned in this Policy, is prohibited.
DLConcepts.com reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
Illegal Use
DLConcepts.com servers may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used without
proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: "Pirated
software", "Hackers programs or archives", "Warez
Sites", "Irc Bots", "Mp3".
DLConcepts.com further reserves the right to suspend or terminate
service to any websites affiliated with known or suspected
terrorist organizations at our discretion.
We will be the sole arbiters as to what constitutes a violation
of this provision.
System and Network Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. Examples include,
but are not limited to the following: unauthorized access,
use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to any
user, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks. Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited
to, employs posts or programs which consume excessive CPU
time or storage space, permits the use of mail services,
mail forwarding capabilities, POP accounts, or auto responders
other than for their own account; or resale of access to
CGI scripts installed on our servers.
Tortious Conduct
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is
expressly prohibited. A user shall not use another site's mail
server to relay mail without the express permission of the
site or distributing, advertising or promoting software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is contrary to DLConcepts.com policy for customers to use
our servers to effect or participate in any of the following
activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the charter or other owner-published FAQ or description
of the group or list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients;
To engage in any of the foregoing activities using the service
of another provider, but channeling such activities through
a DLConcepts.com provided server, or using a DLConcepts.com provided
server as a maildrop for responses;
To falsify user information provided to DLConcepts.com or to
other users of the service in connection with use of a DLConcepts.com service.
When DLConcepts.com becomes aware of an alleged violation of
its Acceptable Use Policy, DLConcepts.com will initiate an investigation
(within 24-48 hours). During the investigation DLConcepts.com
may restrict Customer 's access in order to prevent further
possible unauthorized activity. If the Customer is found in
violation of our SPAM policy, DLConcepts Inc. may, at its sole
discretion, restrict, suspend, or terminate Customer's account
and/or pursue other civil remedies. Also, DLConcepts Inc. reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
If such violation is a criminal offense, DLConcepts.com will
notify the appropriate law enforcement department of such violation.
DLConcepts.com does not issue service credits for any outages
incurred through service disablement resulting from Policy
violations.
The Customer shall be held liable for any and all costs incurred
by DLConcepts Inc. as a result of the customer's violation of
these terms and conditions. This is including, but is not limited
to, attorney fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news server
violations. First violations will result in a Cleanup Fee of
$250 and the customer’s account will be reviewed for
possible immediate termination. Each subsequent violation thereafter
will result in Cleanup Fee of $500 and immediate termination
of the customer’s account. The Customer who violates
this policy agrees to also pay Investigation Fees of no more
than $125 per hour that DLConcepts Inc. personnel must spend to
investigate any violations.
Modification
DLConcepts.com reserves the right to add, delete, or modify
any provision of this Policy at any time without notice. Reporting
Network Abuse Any party seeking to report any violations DLConcepts.com’s
policy may contact via e-mail: abuse@DLConcepts.com
DLConcepts.com
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and DLConcepts.com regarding
your use of DLConcepts.com's computer, interactive information,
communication and server management service. This Agreement
governs the terms and conditions under which DLConcepts.com
makes the services offered by DLConcepts.com available to individual
consumers through a personal computer or similar access, or
to individual consumers or small businesses in connection with
the " DLConcepts.com " webhosting or similar services.
Under this Agreement, you must comply with DLConcepts.com's
then current "Acceptable Use Policy," as updated
from time to time by DLConcepts.com, which can be viewed at
: http://DLConcepts.com/aup/
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. DLConcepts.com will host an account for you, the purchaser
(hereafter referred to as the Account Holder), for the Account
Holder's chosen domain name, for the period of time (the Term)
corresponding with the payment plan chosen by the Account Holder.
This contract will be automatically renewed at the end of the
Term and each successive renewal term, unless terminated. We
require notification of non-renewal with at least 30 days notice
but not more than 60 days prior to the renewal date. You must
have all account information to cancel and fill out the form
completely. If you do not provide this notice, you will be
charged for the next terms rate. There are no refunds on a
la carte
services,
dedicated servers or server colocation.
2. DLConcepts.com's services are provided on an as is, as available
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. DLConcepts.com expressly disclaims any representation or warranty that
the DLConcepts.com services will be error-free, secure or uninterrupted.
No oral advice or written information given by DLConcepts.com,
its employees, licensors of the like, will create a warranty;
nor may you rely on any such information or advice. The terms
of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related
electronic services can only be used for legal purposes under
all applicable international, federal, provincial, and municipal
laws. Further, the Account Holder agrees not to store, transmit,
link to, advertise or make available any images containing
pornography, graphic violence or death. Violations of these
or any other provisions of this Agreement may result in termination
of the services provided by DLConcepts.com, with or without
the grant of a notice or cure period, such notice or cure period
to be granted at the sole discretion of DLConcepts.com based
upon the severity of the violation. DLConcepts.com reserves
the right to refuse service if any of the content within, or
any links from, the Account Holder's website is deemed illegal,
misleading, or obscene, or is otherwise in breach of DLConcepts.com's then current Acceptable Use Policy, in the sole and
absolute opinion of DLConcepts.com. Notwithstanding anything
in this Agreement, the content of the Account Holder's website
is the sole responsibility of the Account Holder. The Account
Holder agrees to indemnify and hold harmless DLConcepts.com
from any and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs,
and other expenses incurred by DLConcepts.com, (collectively,
Claims) related to or in connection with the content of the
Account Holder's website. The terms of this Section will survive
any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to the Account Holder. Account Holder is aware that DLConcepts
Inc. reserves the right to change the specified rates and charges
from time to time.
5. The Account Holder agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages
or posting to newsgroups. Account Holder is responsible for
security of its password. DLConcepts.com will not change passwords
to any account without proof of identification, which is satisfactory
to DLConcepts.com, which may include written authorization with
signature. In the event of any partnership break-up, divorce
or other legal problems that includes Account Holder, Account
Holder understands that DLConcepts.com will remain neutral and
may put the account on hold until the situation has been resolved.
Under no circumstances will DLConcepts.com be liable for any
losses incurred by Account Holder during this time of determination
of ownership, or otherwise. The Account Holder agrees to indemnify
and hold harmless DLConcepts.com from any and all Claims arising
from such ownership disputes. The terms of this Section will
survive any termination of this Agreement.
6. The Account Holder agrees not to harm DLConcepts.com, its
reputation, computer systems, programming and/or other persons
using DLConcepts.com's services. DLConcepts.com reserves the
right to select the server for Account Holder's website for
best performance. The Account Holder understands that the services
provided by DLConcepts.com are provided on a shared server.
This means that one website cannot be permitted to overwhelm
the server with heavy CPU usage, for example from the use of
highly active CGI scripts or chat scripts. If the Account Holder's
website overwhelms the server and causes complaints from other
users, the Account Holder has outgrown the realm of shared
servers, and will need to relocate it's website. DLConcepts.com
will refund any unused portion of prepaid services. If the
Account Holder refuses to comply with this Section, then DLConcepts.com has the right to terminate the services provided to the
Account Holder without any refunds of the unused portion prepaid
by the Account Holder. The Account Holder agrees to indemnify
and hold harmless DLConcepts.com and any other Account Holder
from any and all Claims resulting from the Account Holder's
use of the services provided by DLConcepts.com The terms of
this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written consent
of DLConcepts.com.
8. If the Account Holder sells or resells advertising or webspace
to a third party then the Account Holder will be responsible
for the contents of that advertising and the actions of that
third party. DLConcepts.com has the absolute right to reject
any advertising or other third party content that is illegal,
offensive or otherwise in breach of the then current DLConcepts.com Acceptable Use Policy. The e-mail distribution by the
Account Holder of "SPAM", "JUNK MAIL",
or "UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder refuses to remove any advertising
or other third party content deemed objectionable by DLConcepts.com, DLConcepts.com may terminate the services being provided
to the Account Holder.
9. DLConcepts.com will use its best efforts to maintain a full
time Internet presence for the Account Holder. The Account
Holder hereby acknowledges that the network may, at various
time intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of
God, or human error. In no event shall DLConcepts.com be liable
to the Account Holder for any damages resulting from or related
to any failure or delay of DLConcepts.com in providing access
to the Internet under this Agreement. In no event shall DLConcepts.com be liable to the Account Holder for any indirect, special
or consequential damages or lost profits arising out of or
related to this Agreement or the performance or breach thereof.
The aggregate, total liability of DLConcepts.com under this
Agreement, if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder hereunder.
The terms of this Section will survive any termination of this
Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your principal
account. The Account Holder is responsible for the use of each
account, whether used under any name or by any person, and
for ensuring full compliance with this Agreement by all users
of that account. A DLConcepts.com account may not be transferred
without prior written approval from DLConcepts.com. The Account
Holder is responsible for maintaining the confidentiality of
his/her password. In the event of a breach of security through
the Account Holder's account, the Account Holder will be liable
for any unauthorized use of the DLConcepts.com services, including
any damages resulting therefrom, until the Account Holder notifies
DLConcepts.com's customer service.
11. If DLConcepts.com assigns the Account Holder an Internet
Protocol address in connection with the Account Holder's use
of the DLConcepts.com services, the right to use that Internet
Protocol address will remain with and belong only to DLConcepts.com, and the Account Holder will have no right to use that
Internet Protocol address except as allowed by DLConcepts.com
in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between
the Account Holder and DLConcepts.com with respect to the DLConcepts.com services and supersedes all prior agreements between the
Account Holder and DLConcepts.com. DLConcepts.com's failure to
enforce any provision of this Agreement shall not be construed
as a waiver of any provision or right. In the event that a
portion of this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of
the parties, and the remainder of the provisions will remain
in full force and effect. The terms of this Section will survive
any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising
out of this Agreement in a spirit of cooperation and with a
problem-solving mindset, without formal proceedings. Any dispute,
which cannot be so resolved, shall be subject to binding arbitration
upon the written demand of either party. Arbitration shall
take place in Orlando, FL. Should any legal action permissible
under this Agreement be instituted to enforce the terms and
conditions of this Agreement, in particular the right to collect
money due on unpaid invoices, the prevailing party shall be
entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms
of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold DLConcepts.com harmless from any and all Claims resulting from or connected
with any activities conducted by the Account Holder. The Account
Holder and DLConcepts.com will promptly notify the other upon
receipt of any Claim or legal action arising out of activities
conducted pursuant to this Agreement. The rights and responsibilities
established in this paragraph will survive any termination
of this Agreement.
15. DLConcepts.com may include the Account Holder's name and
contact information in directories of DLConcepts.com service
subscribers for the purpose promoting the use of the services
by additional potential clients. However, DLConcepts.com is
not authorized to print the Account Holder's name, trademarks
or other identifying information in any other advertising or
promotional materials without the prior written consent of
the Account Holder.
16. The interpretation and enforcement of this Agreement shall
be governed according the laws of the state of Florida (excluding
its choice of law rules) and the federal laws of United States
applicable therein. The Account Holder hereby consents to personal
jurisdiction in the federal and provincial courts of Orlando,
Florida for any action arising out of or relating to the Account
Holder's use of the DLConcepts.com services. The federal and
provincial courts of Orlando, Florida will have exclusive jurisdiction
over all such actions. In any such action, the prevailing party
will be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to its
costs, both taxable and non-taxable, and reasonable attorney's
fees. The terms of this Section will survive any termination
of this Agreement.
17. Notices required by this Agreement shall be in writing
and shall be delivered either by personal delivery or by mail.
If delivered by mail, notices shall be sent by any express
mail service; or by certified or registered mail, return receipt
requested; with all postage and charges prepaid. All notices
and other written communications under this Agreement shall
be addressed to the individuals in the capacities indicated
below, or as specified by subsequent written notice delivered
by the party whose address has changed.
18. Because the Internet is a global communication tool, and
we have clients from nearly every country in the world it is
difficult to dictate what is considered "adult material." However,
it is not our function to discriminate against those who choose
to utilize adult content or adult related material. This being
said, there are still several reasons why DLConcepts has been
forced to create its no adult sites policy for its virtual
server users.
19. Virtual account holders can receive a refund if account
is cancelled within the initial 30 days after sign up. Reseller
account holders can receive a refund if account is cancelled
within the initial 7 days after sign up. If the account holder
cancels after the time period specified, there will be no refund
given.
20. DLConcepts.com may temporarily deny service or terminate
this Agreement upon the failure of Account Holder to pay charges
when they become due. Such termination or denial will not relieve
the Account Holder of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection
fees.
21. If an account holder's account becomes overdue, the account
will be suspended. Interest will accrue on the overdue account
at a rate of 5% per month until the outstanding balance is
paid in full.
22. If an account holder charges back for services rendered,
a $50.00 charge back fee will be added to the amount charged
back by the customer.
23. If an account holder's account is overdue for 90 days,
the account will be handed over to an outside collection agency.
At that time the account holder will incur a $50.00 collection
fee added to the balance previously due.
24. All accounts are subject to verification by our Billing
Department.
25. Terms of Verification: We must be able to verify your
account within 24 hours of signup. Verification for U.S. citizens
can be done by phone. For foreign account holders documentation
can be sent via fax or uploaded through our secure form. If
we cannot verify your account within 24 hours, the account
will be suspended until verified.
26. Check/Money Order Payments.
A. New accounts utilizing check/money order payment will not
be activated until payment is received.
B. Returned checks will incur a $50 worthless check fee. Any
account holder who incurs a worthless check fee will be required
to pay all future payments via money order or cashier's check.
C. Customers utilizing check/money order payment must have
their check or money order payment to us within 10 days of
their rebill date. Failure to do so will result in account
suspension.
D. International customers that wish to utilize the check/money
order payment option must pay via International Money Order
and payments must be received within 10 days of their rebill
date. Failure to do so will result in account suspension.
27. Billing Information: All account billing information including
email and phone, must be valid at all times for the account
to remain active. If the billing information provided is inaccurate,
24-hour notice is given to update the information before account
suspension. If the account holder is not available by phone
(foreign accounts) or no alternate contact email address is
given, account will be suspended immediately.
28. You agree that DLConcepts.com may establish limits concerning
use of any DLConcepts, Inc service offered on any DLConcepts.com
web site, including without limitation the maximum number of
days that e-mail messages will be retained by any DLConcepts.com service, the maximum number of e-mail messages that may
be sent from or received by an account on any DLConcepts.com
service, the maximum size of an e-mail message that may be
sent from or received by an account on any DLConcepts.com service,
the maximum disk space that will be allotted on DLConcepts.com's
servers on your behalf either cumulatively or for any particular
service. You agree that DLConcepts.com has no responsibility
or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by
any DLConcepts.com service. You acknowledge that the features,
parameters (for example, the amount of storage available to
users) or existence of any DLConcepts.com service may change
at any time.
What does DLConcepts consider "Adult Material?"
Any site whose revenue is gained in part or whole from its
adult content.
Photos or videos showing frontal nudity on either men or women
for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence, death or dismemberment.
Photos or videos showing graphic violence or death.
Websites containing information or affiliation of known or
suspected terrorist organizations.
Revenue-generating hyperlinks to sites who violate policy
#1.
Why does DLConcepts have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers
reside on each particular machine. This being said, consider
that an average "adult site" gets more hits than
100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we
allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to
pay for the additional bandwidth. We strive to keep our servers
fast and inexpensive, and our bandwidth clear; therefore,
adult sites are not an option.
DLConcepts reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure
of the approval of your site before placing an order.
DL Concepts - info@dlconcepts.com
407.656.9955
© 2008 DLConcepts.com Website Design and Development.
All rights reserved.
