DM Web Hosting Online Agreement

The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state and locals laws will be grounds for an immediate termination of service. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state and local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right use without proper authorization.

Engaging , advertising, participating in the sending of Unsolicited Email is explicitly prohibited on DM Webhosting’s servers. DM defines Unsolicited Email as using any computer or electronic device to send an unsolicited advertisement or electronic mail to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/permission. Violators of the aforementioned policy are subject to account(s)/service(s) termination, without any refunds.

The Account Holder agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. DM reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. The first occurrence of a violation of this provision will result in a halt of services to the Account Holder. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination of account(s)/service(s), without any refunds.

Payment shall be made in US dollars to DM. If the Account Holder pays on a monthly basis, payments are due upon presentation of invoice. If any fees or charges imposed by the bank for any reason result in DM receiving less than the invoice amount, DM will re-invoice Account Holder for the difference. If DM does not receive payment in full of any invoice ( with the exception of bank fees and charges) within 30 days, then the Account Holder accepts that DM will suspend service(s) with the Account Holder until such time as payments are made. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days will result in a termination of service(s) to Account Holder. Account Holders who pay by credit card, gives authorization for DM to make all future payments under a recurring monthly or yearly charge.

The Account Holder understands that Virtual Web Server Internet accounts are provided by DM on a shared server. Accordingly, the Account Holder’s web site and services will be shared with other customers’ web site and services on the same server. The Account Holder understands that poorly written CGI and Perl scripts consume a vast amount of DM’s system resources. For this reason, DM will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by DM Webhosting’s system administrators. If Account Holder is found to be in violation of this provision, DM Webhosting’s system administrators have the authority to shut down any and all scripts responsible for the violation. If any damages result from a violation of this provision, DM Webhosting has the can and will seek recovery for said damages.

The Account Holder agrees that bandwidth limits are based on the package purchased as specified on the DM's features page.

The Account Holder understands that DM attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that can and will occur due to the nature and structure of the Internet. The Account Holder agrees to hold DM harmless in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of DM and the Account Holder understand this and holds this to be factual.

DM owns all right, title and interest in DM’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by DM, and in the related hardware and software systems. DM Webhosting makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing DM’s rights and used by Account Holder to promote and provide services to Account holder’s customers. This agreement does not constitute a license to the Account Holder to use DM’s trade names or service marks.

The Account Holder acknowledges that by reason of its relationship with DM, it may have access to certain information and materials relating to DM’s business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to DM. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.

Under section 230 of the CDA (47 U.S.C. sec. 230), DM "shall not be treated as the publisher or speaker of any information provided by another information content provider." DM is not liable in any way for any tortuous statements made on it’s servers to any third party.

This Agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the services and shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

Account Holder understands that DM Webhosting’s servers are not Bulk Email servers and that DM Webhosting can not allow an excessive volume of mail which can hinder the performance of the server for other users. A violation of this or any other paragraph is cause for termination of services without refunds.

Account Holder understands that unlimited e-mail accounts associated with a website may not be sold or given away to parties other than those with an interest in the business represented by that website.

Account Holder agrees to abide to any updated modifications or additions of this agreement as posted at http://www.dmwebhosting.com/policy.html

This agreement is accepted by the Account Holder by submission of an order for services with DM and the Account Holder agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Account Holder also acknowledges, under the penalty of perjury, that Account Holder’s identification is accurate and correct. Finally, Account Holder acknowledges that he/she is of contractual capacity under the laws of the United States of America