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Our Terms of Use/Service:
What the Attorneys make us say:
DebSpace.com
follows the strict guidelines of our customer privacy statement. Please make
sure you understand the Privacy statement fully.
DebSpace.com provides Internet World Wide Web page hosting, Marketing,
and Development. DebSpace.com has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these
services.
DebSpace.com general policy is to act as a provider of Internet presence. DebSpace.com
has specific ethical concerns regarding the use of its computers detailed
below. DebSpace.com reserves the right to suspend or cancel a customer's
access to any or all services provided by DebSpace.com when we decide that the
account has been inappropriately used.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of DebSpace.com
is strictly prohibited.
Unauthorized use of other people's accounts or computers: DebSpace.com will
strongly react to any use or attempted use of an Internet account or
computer without the owner's authorization. Such attempts include "Internet
scamming" (tricking other people into releasing their passwords), password
robbery, security hole scanning personal identity theft, etc.
Any unauthorized use of accounts or computers by a DebSpace.com customer,
whether or not the attacked account or computer belongs to DebSpace.com, will
result in action against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - DebSpace.com has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made
if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients. Unacceptable uses also include,
but are NOT limited to: Bulk (spam) emailing, unsolicited emailing, newsgroup
spamming, certain pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, and/or
anything else determined by DebSpace.com to be unacceptable use of
DebSpace.com's services including abuse of server resources.
Accounts may be terminated that include the following content or which have
links to the following content:
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Providing material that is
grossly offensive to the Web community including blatant expressions of
bigotry, racism, hatred, or profanity |
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Promoting or providing
instructional information about illegal activities, or promoting physical
harm or injury against any group or individual |
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Displaying material
containing obscene pornographic material |
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Displaying material that
exploits children under 18 years of age (kiddie porn) |
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Acts of copyright
infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for
software programs, or any type of cracker utilities |
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Abuse of Traffic and Bandwidth:
The intention of DebSpace.com is to provide a large space to serve web
documents, not an off site storage area for electronic files. All (90%) of
your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored
on DebSpace.com's or their affiliate server. Web sites that are found to
contain either/or no html documents, or a large number of unlinked files are
subject to warning, suspension or cancellation at the discretion of DebSpace.com
management. Any customer who violates DebSpace.com's Policies in abusing
either space/site transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted period, the
client will be billed for the overages.
To maintain the integrity of our service the following limitations apply
Unless Prior Approval is Obtained from DebSpace.com Management:
Sites with banners, graphics or cgi scripts running from their domain used
on other domains. Sites with picture galleries (This is any site where 50%
of the files transferred is graphics) Sites offering download files or
archives. (This is any site where 50% or more of there monthly traffic is
from file downloads). Sites using more than 30% of system resources for
longer than 60 seconds. Sites running multimedia files (QuickTime, Real
Audio, Real Video, MP3). **Affiliate Sites are Allowed**
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach your bandwidth allotted per month. Thereafter,
normal data transfer cost of $20.00/1GB/month will be billed to your
account. If you want to pre-pay for bandwidth overages, you will be billed
$10.00/1GB/month. It is the customers responsibility to monitor bandwidth
usage. You will receive an e-mail or phone notice when you have gone over
your allotted bandwidth. DebSpace.com may temporarily disable your website,
until contact is made with the client, if DebSpace.com deems the bandwidth
overage excessive.
DebSpace.com and it's Management team will be the sole arbiter as to what constitutes a violation of
any of these provisions.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will
likely result in account suspension or cancellation. Commercial
advertisements are unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result in account suspension
or cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be
treated as such. Sending a message, especially an advertisement, to more
than five or six recipients, is by itself spamming unless the individuals
have specifically requested to be added to a mailing list on that topic.
E-mail is a person-to-person medium, not a broadcast medium. Upon your first
Spam offense your mail will be disabled for 72 hours. Upon your second Spam
offense your entire domain will be disabled for 72 hours and you will be
fined $100.00 per sent Spam. Upon your third offense your account with DebSpace.com
will be terminated, you will be fined $200.00 per sent Spam. No refunds will
be given if your account is terminated for Spam.
GUIDELINES TO
FOLLOW
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The email MUST include a
Valid From Address and a Valid Recipient Address.
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The mail list must only send to actual
names and cannot be sent in groups of more than 5(five)-10 (ten) at a time
unless prior approval is obtained.
-
Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing
lists.
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98% Uptime Guarantee:
(1.) Coverage
This 98% uptime guarantee applies to any DebSpace.com client in good financial
standing with DebSpace.com at the time of a service outage.
(2.) Service Level
DebSpace.com endeavors to have the content of your web site available for http
access by any party in the world 99.9% of the time.
(3.) Restrictions
Credits shall not be provided to you in the event that you have any outage
resulting from (1.) scheduled maintenance as posted from time to time at
DebSpace.com, (2.) your behavior or the performance or failure of your
equipment, facilities or applications, or (3.) circumstances beyond
DebSpace.com's reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or third party
services, including DNS propagation, domain name registration / transfer,
failure of third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of
your web site, or (4.) a client breaking any item in DebSpace.com's "terms of
conditions and acceptable use policy" causing a machine to fail as a result.
Chat Rooms:
We do not allow clients to install their own chat rooms, without approving
it with the DebSpace.com Support Team. Most chat rooms tend to be large system
hogs and we cannot allow it as an account option. However, we do provide a
choice of Java chat rooms for a small extra charge that will more than fill
your needs and run without hindering the performance of the machine for
others. Note: Parachat chat rooms do not apply to this rule. They are
perfectly fine to install.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script that
effects normal server operation without prior warning.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2000 pieces of e-mail per day. If
you do send more than 2000 pieces of e-mail per day, your account will be
placed on hold for Network Abuse. If you are sending legitimate e-mails and
they total more than 2000 per day your account will be moved to a special
server that is specifically designed to handle high volumes of e-mail. You
will be charged $50.00/month in addition to your regular hosting charges if
your account is moved to this server.
Background Running Programs:
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred based
on system resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies:
All accounts are set up on a pre-pay basis. Setup fees are charged for all
new accounts and major account changes (this does not include ordinary
updates agreed to by contract) and are non-refundable. All pricing
is guaranteed for the term of pre-payment. DebSpace.com reserves the right to
change prices at any time, unless other terms have been agreed upon. Any
account not brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject to suspension. The customer
is responsible for all money owed on the account from the time it was
established to the time that the customer notifies DebSpace.com by postal mail
requesting termination of services. All payment is in U.S. currency. DebSpace.com
will bill each client $30 per returned check and $50 per wire transfer
received.
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Cancellation:
DebSpace.com reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by DebSpace.com if DebSpace.com
institutes it's right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer, space
etc.)
All of DebSpace.com's web hosting plans are backed by a 7 calendar day money
back guarantee. If you are not completely satisfied with our services or
support within the first 7 calendar days of your contract, you will be given
a full refund of the contract amount excluding setup fees and overages.
Setup fees are refundable only if the account order is canceled prior to
activation. For web hosting contracts of 1 months or less, the full contract
amount less any setup fees and overages will be refunded if DebSpace.com is
notified within the first 7 days following activation. No refund is
available after the 7th day. This policy does not apply to any additional
services such as overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, etc.
Due to security concerns, all account cancellations must be done via fax or
US POSTAL
MAIL. To Cancel: mail or fax a SIGNED cancellation form, return receipt requested with:
1) Your Domain Name
2) Your Name
3) Current Password
4) Signature
to the address that is provided you via your billing statement.
Your files WILL BE DELETED when we receive this form. Phone or email
requests will not constitute acceptance of any cancellation. Refunds will be
made by company check within 30 days of receipt of cancellation, if a refund
is due.
Lawful Purpose:
DebSpace.com reserves the right to refuse service to anyone. Customers may
only use DebSpace.com server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade
secrets. The designation of any materials as such described above is left
entirely to the discretion of DebSpace.com management. Regardless of the place
of signing this agreement, the client agrees that for purposes of venue this
contract was entered into in Union County, Iowa, and any dispute will
be litigated or arbitrated in Union County, Iowa. The parties waive any
objection based on inconvenient forum in the context any manner of dispute
resolution commenced within the County of Union.
CUSTOMER AGREES
THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD DebSpace.com HARMLESS FROM ANY
AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST DebSpace.com, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED
OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S
AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS DebSpace.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO
PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH DebSpace.com SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD
PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM DebSpace.com SERVER.
Disclaimer:
DebSpace.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
DebSpace.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. DebSpace.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY DebSpace.com AND ITS EMPLOYEES. DebSpace.com RESERVES
THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF DebSpace.com MUST ADHERE
TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION.
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