Web
Hosting TOS Policies revised as of 05-25-2005
Agreeing
to DWHS Web Hosting Acceptable Use Policy and Terms
of Service is mandatory for Hosting signing up or
using our services. Please make sure you read everything.
The following rules apply to sites you host with DWHS
Web Hosting
Acceptable
Use Policy
Introduction
During the term of its agreement with DWHS Web Hosting,
the customer must ensure that the use of any resource
offered to the customer or owned or controlled by
DWHS Web Hosting ("Service") conforms with
DWHS Web Hosting's then current Acceptable Use Policy
("AUP"). DWHS Web Hosting may modify, without
prior notice, the AUP as DWHS Web Hosting deems appropriate;
such modified AUP is effective upon posting on DWHS
Web Hosting's website.
Responsibility
You are responsible for your sites and all sites that
you host to be in accordance with all rules on this
page. Misuse by you may result in actions on your
account, including removal from the host without a
refund.
Inappropriate
Use
The Service must not be used to publish, post, distribute
or otherwise disseminate unlawful material or information
including, but not limited to: threatening, harassing,
defamatory, obscene, or fraudulent information and
materials, or proprietary, copyrighted, or otherwise
intellectually protected information and materials
for which Customer does not have authorization or
authority to possess or distribute. The Service must
not be used to request unlawful services or materials.
The Service must not be used for activities DWHS Web
Hosting deems to impact its customers or its ability
to deliver services to its customers. Such activities
may include, but are not limited to:
Intellectual
Property Infringement
Any activity infringing on the intellectual property
rights of others, including copyrights, trademarks,
service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"),
news postings or chain letters; advertising transmitting,
or otherwise making available any software, program,
product, or service that is designed to facilitate
sending UCE; use of web pages that allow "spam"ing
(known as "ghost sites") that directly or
indirectly refers to domains or IP addresses hosted
by DWHS Web Hosting. DWHS Web Hosting reserves the
right to determine in its sole discretion what constitutes
UCE based on the information available. Sending any
email to purchased lists or lists obtained by any
other method (such as harvesting) is not acceptable.
Customers may only send email to recipients who have
joined mailing lists directly from their site.
Maintaining
an Open Email Relay
Allowing email to be sent through Customer's system
by a third party (i.e. neither to nor from Customer
or Customer's accounts).
Fraud
Using a false identity; using pyramid/ponzi scheme;
storage or transmission of any intentionally incorrect
data or packet.
Virus,
Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms
or trojan software.
Denial
of Service
Using any technique to intentionally degrade or disable
the delivery of any legitimate data.
Glutting
of servers
Oversized storage of any files that would be unreasonably
large (ie. making a zip file filled with text files
just to pad the size). Again, your web space is not
for data back up. It is only for hosting real sites.
Unauthorized
Access
Attempting to gain unauthorized entry to any site
or network, or any network or host scanning, probing,
monitoring or other information gathering associated
with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the
server that runs constantly or 'listens' on ports
unless provided in the control panel. This includes
applications associated with chat services.
Public
Forums
Inappropriate postings to newsgroups, chat rooms,
electronic bulletin boards and any other public forum
on, or using, the Service.
Customer
Responsibilities
Bulk
Email
Customers sending bulk email must provide recipients
with an easy and effective mechanism for removal from
bulk email list. Customer must include the source
of the addressee's address in each bulk email message.
CPU
Usage
Sites may not use extreme unwarranted CPU usage. This
includes usage of "heavy" scripts or Flash/shockwave
files. By heavy we mean oversized without cause, to
the point where most users would be unable to view
them in a reasonable amount of time. No single site
may consume 30% of CPU usage for a sustained period
of time.
Service
Resale
Customer may not resell the Service or any portion
of the Service unless under a Reseller plan.
Password
Protection
Customer is responsible for protecting passwords and
for any authorized or unauthorized use.
Music
Files
Customer may not with out permission have sound/video
files in any format (MP3, ASX, ASF, RA, RAM , QTV)
due to the high rate of illegal transfer of copy written
material.
Content
Protection
Customer agrees to provide appropriate protection
to prevent minors (persons under 18 years of age)
from accessing any unsuitable material that Customer
publishes via any Service.
Content
Ownership
Customer is responsible for all content or information
residing on, or obtained, or transmitted via, the
Service, regardless of whether such use is by Customer.
File
repository /Dump Sites
Customer may not use disk space as a file repository,
or dump site. This includes but is not limited too;
warez, serialz, sound files, applications, zip files.
This includes using the space in order to store content
used on other sites (remote linking) . Examples of
this would be using the web space to store images
for auction descriptions, flash or any other files
used on another site but stored on our server.
Free
Email / Hosting Sites
We do not permit the free giving of POP email accounts
or the issuing of free hosting. This includes near
free (1 penny per year for instance).
Facilitating
AUP Violation
Customer activity that facilitates the violation of
this AUP by any party constitutes a violation of this
AUP by Customer.
AUP
Enforcement
Violation of the AUP may subject Customer to international,
federal, and/or state civil and/or criminal liability,
including without limitation, Ohio Business &
Professional Code. DWHS Web Hosting reserves the right
in its sole discretion and without prior notice to
suspend and/or terminate Customer's access to the
Service at any time for violating this AUP. DWHS Web
Hosting also reserves the right to suspend, filter
or block, and/or terminate Customer's access if Customer's
account is being used to exploit or attack the Service
or the networks of others. If Customer's account has
been compromised and attempts to reach Customer and/or
to have Customer repair a breach of security fail,
DWHS Web Hosting reserves the right to suspend or
terminate Customer's service. If Customer's access
is suspended or terminated, DWHS Web Hosting, in its
sole discretion, may refuse to accept all new e-mail
sent to the terminated e-mail address and delete Customer's
data stored on Service. DWHS Web Hosting will fully
cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
Violation
of Rules
Breaking any of these aforementioned rules may result
in immediate account suspension with out refund, as
well as criminal prosecution where deemed necessary.
Cancellation for Shared, VDedicated, Reseller, and ECommerce.
You can cancel anytime by simply using our support desk in your control panel here https://dwhs.net/secure/ or using our contact desk here https://dwhs.net/help/support/newpticket.php?lang=en we do require the first four and last four of the card on file and the main domain name used for the account to authorize the cancellation.
Cancellations over the telephone and informal email are not accepted.
Cancellation for Dedicated Servers.
We require two weeks notice to cancel a Dedicated server, this so we can stop the software license that is paid in advanced for the server and help resell the server quickly.
Cancellations over the telephone and informal email are not accepted.
LIMITATION OF LIABILITY: DWHS Web Hosting (DWHS Web
Hosting) shall not be responsible for any claimed
damages, including incidental and consequential damages,
which may arise from servers going off-line or being
unavailable for any reason whatsoever. Further, DWHS
Web Hosting (DWHS Web Hosting) shall not be responsible
for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion
of any web site from one of DWHS Web Hosting (DWHS
Web Hosting) servers. All damages shall be limited
to the immediate termination of service. DWHS Web
Hosting (DWHS Web Hosting) shall be the sole arbiter
of what is and is not a violation of these acceptable
use policies. DWHS Web Hosting (DWHS Web Hosting)
reserves the right to terminate an account at any
time and for any reason that causes harm to any customer's
web sites. DWHS Web Hosting (DWHS Web Hosting ) reserves
the right to delete all content and files upon termination.
DWHS Web Hosting (DWHS Web Hosting) reserves the right
to withhold any pre-paid funds for any site removed
for violations of these policies. DWHS Web Hosting
(DWHS Web Hosting) reserves the right to refuse, cancel,
or suspend service at our sole discretion. DWHS Web
Hosting (DWHS Web Hosting) reserves the right to change
these Policies without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute
consent.