Terms of Service/Acceptable Use Policy

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. We reserve the right to change this policy at any time without prior notification.

We reserve the right to spotlight any client's website.

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 DSWebhost, 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:

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Users are also required to abide by the following:

3. Severe Account Violations

We take a zero tolerance stance against any of the following activities:

Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $500 + $1 per message sent. This does not apply if any of your client accounts is in violation of this policy.

Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.

Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.

Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any DSWebhost staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

4. Indemnification

You agree to indemnify, defend, and hold harmless DSWebhost 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, DSWebhost, 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.

5. Refusal or discontinuation of service

DSWebhost reserves the right to refuse or discontinue service to anyone at DSWebhost's sole discretion. DSwebhost may deny you access to all or part of the service without notice if you engage in any conduct or activities that DSWebhost in its sole discretion believes violates any of the terms and conditions in this agreement. DSWebhost 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 DSWebhost 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. DSWebhost 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. DSWebhost also reserves the right to refuse refunds in cases where abuse has taken place.

6. No warranties

DSWebhost 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 DSWebhost or its agents or employees shall create a warranty. DSWebhost 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 DSWebhost 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 DSWebhost 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 DSWebhost's servers that such information becomes available to all Internet users and that DSWebhost 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 DSWebhost's 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 DSWebhost or on the Internet generally.

Your use of the service is at your sole risk. DSWebhost 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 DSWebhost 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 DSWebhost, 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 DSWebhost policy decisions.

DSWebhost reserves the right to monitor any and all communications through or with our facilities.

7. 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 DSWebhost 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 and prosecute if wrong doing is found.

8. 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. Webspace may not be resold.

9. Payment & Other Information

You agree to supply appropriate payment for the services received from madrooster.com, in advance of the time period during which such services are provided. You agree that until and unless you notify madrooster.com, through the online support desk of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username and password for verification in order for your cancellation to be valid.

Past due accounts may be disconnected without notice or warranty of file storage. A reconnect fee of $9.99 will be required for accounts that have become past due and disconnected.

10. Overages

Overages are billed at the end of each month. All accounts have three (3) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges. Bandwidth overages are billed at $2.50/per GB over your allotted transfer.

11. Cancellation Policy

All cancellation requests must be submitted to our online helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within our 30-days money guarantee period. You must include your account username and password for verification in order for your cancellation to be valid.

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