Terms Of Service - Hosting

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 encourage you to check here on a regular basis. If you have any questions about our usage policy please contact admin@dezignspot.com


User Conduct

Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to Dezignspot, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited, it is your responsibility to be aware of the laws in both the jurisdiction of where our servers are located (Atlanta, GA., United Sates of America) and your local jurisdiction.

In particular, while using our services you may not:

  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
  • Restrict or inhibit any other user from using and enjoying the Internet.

Dezignspot reserves the right to the final decision on what constitutes abuse.

Resource Usage, Adult-Oriented Sites

Users may not do the following on our servers:

  • Run any process that over uses the resources of the server.
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes all daemons, such as IRCD.
  • Run any IRC software or any software which connects to an IRC network.
  • Run any site with adult-oriented content (pornographic material) if you are unsure as to what constitutes Adult material please email admin@dezignspot.com

Currently the following scripts are not allowed on our servers:

UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
Matt Wright's formmail (all versions till further notice).
If you're in doubt about a script, please ask.

Account Violations

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

  • 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.
  • 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.
  • Spam Policy: Sending of unsolicited1 e-mail, commonly known as spam. Any domain which sends out spam will have their account terminated.

1 Unsolicited is defined, by Dezignspot as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.

Dezignspot reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy. Dezignspot also reserves the right to make any such modifications in an emergency at our sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Dezignspot 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, Dezignspot, or any other party or parties without limitation or exception.

No warranties

Dezignspot 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 Dezignspot or its agents or employees shall create a warranty. Under no circumstances shall Dezignspot 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.

You understand that by placing information on Dezignspot servers Dezignspot 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 Dezignspot 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 Dezignspot or on the Internet generally.

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

Payment & Other Information

You agree to supply appropriate payment for the services received from Dezignspot in advance of the time period during which such services are provided. You agree that until and unless you notify Dezignspot of your desire to cancel any or all services received, those services will be billed on a recurring basis if that option is chosen for payment method.

Additonal Fees:
Late Payment - Dezignspot may terminate service when Client's payment is late and shall not be responsible for maintaining any data Client may have uploaded to Dezignspot's server. Dezignspot reserves the right to suspend the Client's services after 72 hours if payment is not received or no other arrangement has been made. Upon account suspension, Dezignspot is not responsible in any way for Client's data. Additionally, no account will be unsuspended until all fees owing are paid in full.

Reactivation Fee - In the event an account has been terminated or suspected due to late or non-payment, Dezignspot reserves the right to levy a reactivation of $20 to cover administrative and processing fees. Exceptions may be made in full at Designspot's discretion, if Dezignspot is notified IN ADVANCE of any late payments. 

Contact Information

You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your control panel. We reserve the right to send announcements and invoices relating to your hosting account(s).

Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Dezignspot or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on Dezignspot servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Backups

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts are well taken care of. All hosting account data backups are the account holder's responsibility. Although we do make regular backups (of our hosting account servers) Dezignspot will not be deemed responsible for data or other loss resulting from the unavailability of backups. Servers are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of Dezignspot you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services.

If data loss occurs due to negligence of client Dezignspot will attempt to recover the data from the most recent archive for a $25.00 fee.

Money Back Guarantee

All hosting accounts have a full money back guarantee, upon cancellation within 14 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Dezignspot, by the account holder, and to the Paypal account the payment was originally paid from, or a check will be used to the account holder.

You may cancel your hosting account at anytime and request a pro-rated refund. Refunds for hosting accounts cancelled after the first 14 days will be granted on the unused portion of the account. Partial months used will not be refunded. Any bandwidth overage will be deducted before refund is granted. In other words, Dezignspot will refund you ONLY for the full months that you have not used and that you have prepaid for.

If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute.

Accounts cancelled/terminated by Dezignspot for violating our Acceptable Usage Policy do not qualify for the 14-day money back guarantee. 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.

Cancellation Policy

Account can be cancelled at any time. All cancellation requests must be submitted by emailing admin@dezignspot.com

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Closed Weekends & Holidays
Phone: (682) 325-9820
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