All services provided by D'HUB may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or
material in violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material protected
by trade secret and other statute. The subscriber agrees to indemnify
and hold harmless D'HUB and its employees from any claims resulting from
the use of the service which damages the subscriber or any other party.
The following content will not be tolerated on any package.
1. Any copyrighted Audio or Video Files. If they are legitimate files
then they must be in a Real Media or Windows Media format and at a
reasonable bit rate.
2. Any content that is considered to be offensive. This includes but
is not limited to pornography and sex-related merchandising.
3. No Forums that consume too many resources. PHP-based Forums are
preferred.
4. No Software, unless created by the client.
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to D'HUB servers or any other
server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
-
Pirated software
-
Hacker programs or archives
- Warez sites
-
IRC bots
D'HUB will be the sole arbiter as to what constitutes a violation of
this provision.
Limitation of Liability
Customer agrees that no D'HUB Personal, under any circumstances,
shall be held responsible or liable for situations where the Services
are accessed by third parties through illegal or illicit means,
including situations where such data is accessed through the
exploitation of security gaps, weaknesses or flaws (whether known or
unknown to D'HUB at the time) which may exist in the Services or D'HUB's
equipment used to provide the Services.
Under no circumstances, including negligence, shall any D'HUB Person
be liable for any indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue, data or use by Customer,
any of its customers, any Reseller Customer or any other third party,
whether in an action in contract or tort or strict liability or other
legal theory, even if D'HUB has been advised of the possibility of such
damages. No D'HUB Person shall be liable to Customer, any of its
customers, any Reseller Customer or any other third party, for any loss
or damages that result or are alleged to have resulted from the use of
or inability to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors,
viruses, defects, delays in operations, or transmission or any failure
of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to D'HUB's records,
programs, equipment or services.
Customer acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, Customer
agrees that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Client further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges
payable by Client for services during the period damages occurred. In no
event shall the company be liable for any special or consequential
damages, loss or injury.
Notwithstanding anything to the contrary in this Agreement, D'HUB's
maximum liability under this Agreement for all damages, losses, costs
and causes of actions from any and all claims (whether in contract,
tort, including negligence, quasi-contract, statutory or otherwise)
shall not exceed the actual dollar amount paid by Customer for the
Services which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or loss occurred
or the cause of action arose.
Customer understands, acknowledges and agrees that if D'HUB takes any
corrective action under this Agreement because of an action of Customer
or one if its customer or a Reseller Customer, that corrective action
may adversely affect other customers of Customer or other Reseller
Customers, and Customer agrees that D'HUB shall have no liability to
Customer, any of its customers or any Reseller Customer due to such
corrective action by D'HUB.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown) that may
exist in connection with this Agreement. The terms of this section
shall survive any termination of this Agreement.
Adult Content
Due to the special system and network requirements of adult-oriented
sites, pornography and sex-related merchandising are prohibited. This
includes sites that may infer sexual content or provide links to adult
content elsewhere. This is also true for sites that promote any illegal
activity or content that may be damaging to our servers or any other
server on the Internet, or provide links to such sites.
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, probing, or scanning
of 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, broadcast attacks; forging of any TCP-IP packet
header or any part of the header information in an email or a newsgroup
posting.
Server Resources
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources) will
be given the option to either pay additional fees (which will depend on
the resources required), reduce the resources used to an acceptable
level, or upgrade its service to a Dedicated Server plan. D'HUB shall be
the sole arbiter of what is considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting server
performance or network integrity will be shut down without prior notice.
Backups
D'HUB performs periodic backups of critical system files for
emergency purposes. Subscribers should not rely on D'HUB to perform
site/data backups for them. Subscribers are responsible for backing up
their own data. MySQL data dumps can be easily performed by the
Subscriber via the included phpMyAdmin utility. Subscribers are advised
to backup all of their own files to their local drives. D'HUB shall not
be liable for any loss of data.
Service Downtime
Any unplanned interruption in Service Availability during which the
Client is unable to access the services rendered by D'HUB. Service
Downtime is measured as the total length of time of the unplanned
interruption in Service Availability during a calendar month. D'HUB
provides direct support and expertise in any software it directly
provides, while any unplanned outages due to third-party software
failure are the direct responsibility of the software publisher and not
of D'HUB.
CGI Scripts
CGI script sharing with domains not hosted by D'HUB is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
Chat Rooms
D'HUB does not allow customers to install their own chat rooms. Chat
rooms tend to require significant system resources and therefore cannot
be permitted as an account option. However, for a small charge, D'HUB
provides Java chat rooms that meet most users' needs and run without
hindering system performance.
Background Running Programs and Cron Jobs
D'HUB may allow programs to run in the background. These programs
will be considered on an individual basis and customers will incur extra
charges based on system resources used and operational maintenance
needed. If you wish to run background programs please contact D'HUB
Support so that we can arrange set-up.
IRC
D'HUB does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a
D'HUB server or using an email address that is maintained on a D'HUB
machine is STRICTLY prohibited. D'HUB will be the sole arbiter as to
what constitutes a violation of this provision. Customers are also in
violation of this provision if they engage in spamming using the service
of another ISP or IPP, but channel activities through a D'HUB server as
a mail drop for responses. Violators will be assessed a minimum fine of
USD$100 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a D'HUB server or customer
are strictly prohibited.
Software Distribution
D'HUB's shared web hosting accounts are not configured for the
purposes of distributing software and/or multimedia products. If you
wish to distribute software and/or multimedia files, please contact support @dfinehub.net to make special
arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files.
D'HUB shared web hosting accounts are not to be used for the purposes
of distributing and storing unusual amounts of multimedia files. Any web
site whose disk space usage for storing multimedia files exceeds 80% of
its total usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia files.
Databases
Any database stored on D'HUB's servers shall not exceed 90% of the
total disk space allotted for that particular domain's plan/web hosting
account.
Copyright Violations
The Info-communications Development Authority of Singapore (IDA) and Media Development Authority ("MDA") sets forth the
requirements for valid copyright infringement notification. If you would
like to notify D'HUB of an infringement of your copyright, the IDA/MDA requires that you:
1. Send your notification to support@dfinehub.net
2. Include in your notification the following information
1.1 A physical or electronic signature of the copyright owner or a
person authorized to act on the copyright owner's behalf (the
"Claimant")
1.2 Identification of the copyrighted work(s) claimed to have been
infringed
1.3 Identification of the material claimed to infringe the copyright(s),
and enough information for D'HUB to locate it
1.4 The Claimant's name, address, and telephone number(s)
1.5 A statement that the Claimant has a good faith belief that use of
the disputed material is not authorized by the copyright owner or his
agent
1.6 A statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate and that the Claimant
is authorized to act on behalf of the copyright owner.
Termination
You may cancel your account at any time with 14 days notice. Your
website will be removed if you cancel your subscription without telling
us. We may cancel your account immediately if you fail to comply with
all the terms of this agreement, terms posted on our web site or other
terms that have been sent to you via e-mail. We may also cancel your
account by giving you 1 day notice when we find your websites are not
suitable for us to host by our sole discretion. We have a ZERO Tolerance
for SPAM and any domain found spamming will be TERMINATED from our
servers immediately. All cases are thoroughly investigated, and at first
complaint of spam the account will be put on hold until further law
action.
Payment Policies
All accounts are billed and charged according to the agreement
between D'HUB and the Customer. Customers may be billed on arranged
cycles automatically when using PayPal. You have the right to cancel
your account at any time for any reason. To cancel your account you can
email account@dfinehub.net. Only upon receipt of payment, your account will be processed within 2 to
3 working days. D'HUB reserves the right to suspend other services
until the outstanding debt is cleared. The client is responsible for all
money owed on the account from the time it was established to the time
that the client sends an cancellation request. All invoices will be sent
directly to clients via email shortly after the online purchase has
been made. You could also use our online accounting system to view all
your billing information and invoices and change them how ever you want.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement
upon the failure of Client to pay charges when due. Such termination or
denial will not relieve Client of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
Account Cancellation
All requests for canceling accounts should be made 48-72 hours before
renewal date of server. Upon submitting the cancellation request server
access will be disabled. If for any reason after submitting
cancellation access is enabled a $50.00 fee will be applied.
Account cancellations should be process via e-mail to: account@dfinehub.net
Account Activation
By using your account with D'HUB, you agree to the above policies, Terms
& Conditions and Privacy Policy of D'HUB. Upon account activation,
you are required to accept these policies, guidelines, and disclaimer
and a copy of your acceptance is forwarded along with your activation
request to be maintained within your account information. If you sign up
for an account and do not follow our terms, no refunds will be given.
Note: D'HUB has the authority to discontinue or suspend your account
whenever necessary according to its internal or external policies.
|