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The Short Version:
If it's illegal, we don't want it on our servers, this includes pirated files, mp3's you have no license to redistribute, a message forum you run that's not licensed for your use, or anything else that could be deemed illegal or obscene. We don't want spam, we don't want bulk mailers, if your site has a mailing list, you better make sure it's double opt-in (if you don't know what that is, ask us) or eventually, someone is gonna report you as a spammer if you have more than a handful of subscribers.

No message forums that are not database driven, the freaking things simply eat up too much CPU due to their inefficiency. Most message boards that are perl based, database or flat file driven, will likely become too CPU hungry unless your forum is pretty low key.

If your script runs off with the CPU, we're gonna kill it, and then we'll try and help you make sure it doesn't happen again. If it keeps happening the script will have to be disabled. It's unfair to the other people on the server.

Refunds: 30 day money back guarantee if you're dissatisfied with our service (or just don't need it), as long as you didn't violate the TOS. For prepayments we refund the unused portion of the year as if you were paying the regular price (it is supposed to be for a year after all, not 6 months then cancel). For example, you pay $50.00 for the year, then cancel 10 months later, well 10 X 5.00 = $50.00, you've used up all your paid time. If you cancel after 6 months the refund would be $50.00 - (6 x 5.00) = $20.00. Promotional giveaways will not be refunded, for example if you order during our FREE domain name giveaway and wish to cancel your service an additional charge of $10.00 will be withheld for the cost of the domain. Terms of transferring the domain to you can be reached on a case by case basis.

Backups: You can make a backup right from your panel. So if your site is important to you back it up. We don't make it a habit of backing up your data very often. So we can't guarantee that it'll be an up to date backup.

Changing your hosted domain: if you signup for hosting, and later wish to change your hosting plan to host a different domain name than what you originally signed up for, there will be a $10.00 fee for making this change for you.

The Entire Version:

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Dauss Computer Systems. ("DCS") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

Electronic Signature:

User agrees to the be held responsible for all billing with regards to the Electronic Records and Signatures in Commerce Act (detailed below). User will recieve a confirmation email with a randomly assigned password to continue with the signup proceedure. Use of this random code electronically recieved by user at users personal email address, constitutes that user consents electronically, or confirms his or her consent as stated in section 101 part (c) subsection (ii) of the Electronic Records and Signatures in Commerce Act S761.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

DCS exercises no control whatsoever over the content of the information passing through DCS's system. Use of any information obtained via DCS is at User's risk. Neither DCS nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does DCS make any warranty as to the results from use of the Service.

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, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY DCS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER DCS NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DCS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT DCS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, DCS's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of DCS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Dauss Computer Systems, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by DCS, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify DCS in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and DCS shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Limitation of Web Hosting Services

Although DCS may advertise "Unlimited Bandwidth" in regards are several limitations applied. The sole purpose of these limitations are intended of unncessary use of DCS services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by DCS.

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions

Although we may advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the DCS service. Maximum Single Session User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they cannot log back onto the DCS system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Terms of Payment

A credit card User agrees to allow "Dauss Computer Systems " to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify DCS of any changes in credit card number or expiration date. If the card is not honored for any reason, DCS will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. DCS will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by DCS in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received,service will be terminated and a setup fee of $10.00 will be added tom charges for additional Service.

DCS maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event DCS utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of DCS's attorneys' fees and costs in the collection of these sums. DCS reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

DCS reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. DCS will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.User must notify DCS via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by DCS are non-refundable.

No Confidentiality

Information transmitted through DCS and through the Internet in general is not confidential. DCS can not and shall not guarantee privacy or protection of any User. DCS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of DCS.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

DCS does not and will not perform system backups on any User's E-mail account(s). DCS shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, DCS will not provide historical data, to any party for any reason, regarding any system or Internet activity.DCS does not and will not perform system backups on any User's personal web site account(s). DCS shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, DCS will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

DCS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that DCS in its sole discretion believes violates any of the terms and conditions in this Agreement. If DCS denies User access to the Service because of such a violation, User shall have not right (1) to access through DCS any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through DCS, and DCS shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to DCS's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes DCS to enforce these restrictions by appropriate software and network measures, automated and manual.User agrees to notify DCS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to DCS.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.DCS'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.DCS may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DCS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of DCS.Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming DCS as the defendant, shall be proper only in a venue determined by DCS.In any action between DCS and User to enforce any of the terms of this Agreement, DCS shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and DCS with respect to the Service.

Copyright 2002 DCS Hosting, All Rights Reserved.