Terms of Service
In this Terms of Service Agreement ("agreement"), "you", "your", "you're" refer to each customer, "we" and "our" refer to DataHostingSolutions.com, a business registered in Willow Grove Pennsylvania, and "services" refers to our Web hosting services. You agree to be bound by this Terms of Service Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use our services.
- FEES FOR HOSTING SERVICES.
Our Hosting Services are billed on the first of every month. You agree to pay us the applicable Web hosting fee each month until you cancel the service. If you cancel service within a month then we require all open Invoices and/or services for the month you cancelled to be paid in full plus you can then choose the service termination date by paying any future month of service in advance. If payment is not received within 15 days of the due date (for example, if your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment within 15 days), we may suspend your use of the services until payment is made. There are no setup fees, or contracts unless otherwise specified.
- HOSTING SERVICES CANCELLATION AND REFUNDS.
You may cancel hosting at any time only by submitting a support ticket or from the eMail of the customer owning the hosting account with your request. We will refund any full months of your hosting Fees when you have paid in advance less any open balances owed. If you have registered a domain name that fee can not be refunded, however, you will have ownership of that domain name until it expires and the domain can be transferred to any ICANN Approved Registrar of your choosing.
Please note that we do not monitor third-party Domain Name Registration for expiration nor Domain Name Registration DNS (Domain Name Server) settings, therefore, its the responsibility of the customer to make sure the customer's domain names have not expired and point correctly to our Servers at all times. The fact that the a domain name has expired or does not point to our Servers correctly does not imply cancellation of service whatsoever. Also, note that we have no management responsibility for domain name registrations that have expired prior to August 1, 2014.
There are no cancellation charges unless the you have received a free domain name with an annual pay order and in which case you shall be charged a early cancellation Fee that shall be determined by us.
If your account was previously cancelled due to non-payment and wish to have you web site restored then you shall be charged 12 months of hosting in advance at your previously agreed upon hosting rate, plus a restoration fee (determined at the time of request) and we would required you to escrow your domain with us -- effectively transferring the domain to our ICANN Approved Registrar.
- HOSTING SERVICE GUARANTEE.
We guarantee 99.9% up-time or better. If your Services are not available to during the month, we will credit the service fee, against you next Invoice, for the period that your site was inaccessible upon customer request.
- HOSTING SERVICES SECURITY.
We provide a service that is designed to be protected from harmful outside forces using the commercial grade security software or hardware and security best practices, however, these outside forces goal is to undo our service to you or to use it as a platform for illegal activities such and SPAMMing or PHISHING. However, please note that we do not monitor your use of our services to determine your security requirements and its up to the you to determine if our service meets any such security requirements that you have relative to some specific industry need or service that you or you're customer serve or other applicable industry protections as required by FINRA, PCI, PII, HIPPA, the Commonwealth of Pennsylvania, the United States of America, or other such industry mandates. Therefore, the use of our service does not provide any warranty expressed or implied against meeting such security protection as outlined in this paragraph. Upon request we can certainly provide a suite of security services, software and hardware to meet such any mandate that you have for a fee and under a separate Terms of Service.
- FEES FOR "DOMAIN NAME" REGISTRATION ARE NON-REFUNDABLE.
It is not technically possible to cancel or modify a domain name after it is registered, so we cannot offer a refund if you change your mind or realize you made a typographical error. Please verify that you have spelled your domain name correctly, and that you actually want to register the name you have typed, before finalizing your order.
- NO SPAM.
You may not send unsolicited bulk messages, commonly known as "spam". You may not intentionally receive replies from, or distribute information to, any person responding to un You may not provide support to others who send unsolicited bulk messages (for example, by offering e-mail addresses or bulk mail software for sale). More generally, you may not engage in any activities that could cause our computer systems to be added to anti-spam blacklists, such as the SpamHaus RBL. Finally, you may not have engaged in these activities elsewhere before opening an account with us.
An "unsolicited bulk message" is defined as one of five or more similar e-mail messages sent within 24 hours to persons with whom you have had no prior communication, or any Usenet newsgroup message that primarily advertises your Web site without contributing to an ongoing discussion (except in the case of messages to newsgroups with a charter or FAQ that specifically encourages "announcements" related to your topic).
By way of example, note that this section of the agreement specifically prohibits:
Promoting your Web site by sending e-mail messages to any list of recipients, unless you have personally verified that each recipient has asked to receive such e-mail from you (purchasing a list of addresses that the seller claims to be "opt in" is not sufficient, as most such lists are fraudulent).
Promoting your Web site by posting messages to Usenet newsgroups, unless that newsgroup's charter specifically allows such announcements or you are legitimately participating in active discussions that include other people ("legitimately participating" means posting messages that go beyond simply advertising your Web site).
- BULK MAIL.
You may use our services for promotion of your goods, services or web site through mass email, so long as all address lists are opt-in, verified and maintained by you, a valid unsubscribe process in maintained that we may review, and that you follow any and all applicable local, state, federal, and international laws governing unsolicited email. Furthermore, mailings are limited to 500 messages no more than two (2) times per week. If you require additional bulk mailing services, please contact us about managed hosting services.
- NO ILLEGAL ACTIVITIES.
You may not use our services to distribute information that infringes the intellectual property rights of others, to sell products by mail order that cannot be legally sold and shipped within the United States, to distribute information that primarily describes illegal activities, to gain unauthorized entry to any computer system, or to perform other illegal activities.
- NO HATE SPEECH.
You may not use our services to distribute material intended to denigrate or defame private individuals or groups of people identified by their race, religion, national origin, gender, or similar group identity (Non-libelous criticism of public figures is permitted.)
At our sole determination if you have intentionally violated the NO SPAM, NO ILLEGAL ACTIVITIES, or NO HATE SPEECH provisions of this agreement, we will immediately terminate your use of the services without refund. If you intentionally violate the NO SPAM provision of this agreement, we will also charge you for the time we spend responding to and investigating complaints about your activities, at a rate of $100 per hour. You agree to pay any such charges.
- GOVERNING LAW and SEVERABILITY
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO YOU'RE WEB SITE, DATABASE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO EVENT SHALL DATAHOSTINGSOLUTIONS.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE WEB SITE, OR DATABASE, THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF DATAHOSTINGSOLUTIONS.COM OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR YOU'RE CUSTOMERS OR YOU'RE CUSTOMER'S VISITORS; IN NO EVENT SHALL DATAHOSTINGSOLUTIONS.COM BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR YOU'RE CUSTOMERS OR YOU'RE CUSTOMER'S VISITORS; OR OTHER PERSON ON OR THROUGH OUR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DATAHOSTINGSOLUTIONS.COM TO YOU OR YOU'RE CUSTOMERS OR YOU'RE CUSTOMER'S VISITORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOU'RE SERVICES, IN THE AGGREGATE, THE AMOUNT OF SERVICES FEES, IF ANY, PAID BY YOU TO DATAHOSTINGSOLUTIONS.COM.