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Where the content states: “We” includes Denizon or any party acting on Denizon’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. Denizon reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: /terms-of-service-hosting. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1.1
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4
We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.4
We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.1
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2
You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3
You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1
You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorise or permit any other person to do so.
2.3.2
You will not post, link to or transmit:
(a)
Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Denizon in any way.
(b)
Any material containing a virus or other hostile computer program.
(c)
Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3
You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4
You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5
If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
2.4
We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft, or unauthorised disclosure of your password or other security information.
2.6
You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7
You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7.1
Members utilising free hosting shall display a banner as supplied by Denizon.
2.7.1
Members utilising free hosting shall display a banner as supplied by Denizon.
2.8
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
2.8.2
It is contrary to Denizon policy for Members to use our servers to effect or participate in any of the following activities:
2.8.2
(a)
Consequences of Violation : When Denizon becomes aware of an alleged violation of its Acceptable Use Policy, Denizon will initiate an investigation. During the investigation Denizon may restrict Member’s access in order to prevent further possible unauthorised activity. Depending on the severity of the violation, Denizon may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Denizon will notify the appropriate law enforcement department of such violation.
(b)
You shall be held liable for any and all costs incurred by Denizon as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations. Denizon’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations is €100 per hour, with a minimum one (1) hour charge, plus €1 for each bulk-email or Usenet message sent, plus €1 per complaint received. Server maintenance fees of €120 per hour.
2.8.3
Denizon does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9
Any access to other networks connected to Denizon must comply with the rules appropriate for those other networks
2.10
While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11
You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
3.1
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2
We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
3.3
The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.1
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2
Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Denizon to debit your account renewal fees from your card.
4.3
If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of €45.
4.4
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.1
If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2
If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4
No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5
We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period of membership.
5.6
You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
5.7
During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Denizon shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
5.7.1
During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of Denizon.
5.7.2
Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of Denizon. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day guarantee details.
5.7.3
You will not be entitled to a refund on these basis if you have previously had an account with Denizon under any plan or service.
5.7.4
Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
5.8
Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7.1
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2
Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4
In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6
You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8.1
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9.1
On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
9.2
The support feature of our service at present time consists of our Support System solving server related problems only.
9.2.1
If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians’ services at the rate of €120 per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.
9.3
Support can only be addressed in English through our Support System.
9.4
All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
9.5
In the event of a server outage or other such emergency, you are free to contact us in any manner.
10.1
This Agreement shall be governed by and construed in accordance with Irish law and the laws governing the European Union. You hereby submit to the non-exclusive jurisdiction of the Irish courts.
11.1
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12.1
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
12.2
Any abuse towards any Denizon employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Denizon or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Denizon or it’s employees shall be considered a violation of this TOS.
12.3
Any threat; whether verbally, orally, written, or delivered by second parties directed towards Denizon or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
12.4
Any conduct viewed as violating this section shall be considered a violation of this TOS. Denizon will be the sole arbitrator in regards to what is deemed a violation.
12.5
No refunds shall be given when the contents of this section necessitates removal of the account.
13.1
You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
14.1
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14.2
Denizon reserves the right to amend these TOS at any time.
14.3
It is your responsibility to check these Terms of Service on occasion for any such amendments.
15.1
In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.
Web and FTP Site Content Policies
15.2
We do not allow any of the following content to be published on any of our servers:
(a)
Content of a pornographic, sexually explicit, or adult nature.
(b)
Content of an illegal nature or copyrighted material.
(c)
Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous. Denizon representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
(d)
Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by Company_name and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.
16.1
Denizon does not support unsolicited email messages sent by users of our system ( also known as junk email or spam ). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Denizon and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. Denizon does not allow any hosting account to give out free or paid email hosting on a public level. Reseller accounts are exempt from this, however spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email / spam.
Illegal Activities:
16.2
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Right To Refuse Service:
16.3
Denizon reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Denizon is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.
You ( anyone viewing this page ) are free to use these terms as a template for writing your own. Please have it reviewed by a local attorney to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.
16.1
Denizon releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (15.3).
16.2
In no form can you hold Denizon responsible for any and all actions arising out of your use of these terms as your own.
16.3
If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
16.4
Our release of this text material in no way assigns rights of any images viewed herein.
