Terms of Service

1. AGREEMENT.
   In this Terms of Service Agreement ("agreement"), "you" and "your" refer to each customer, "we" and "our" refer to Data Hosting Solutions LLC, 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.
   
   
2. FEES FOR WEB HOSTING SERVICE.
   Our Web hosting service is 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 payment is not received within 30 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 30 days), we may suspend your use of the services until payment is made.
   
   There are no setup fees or contracts.
   
   
3. WEB HOSTING CANCELLATION.
   You may cancel hosting at any time by submitting a support ticket with your request. We will refund any unused hosting that has already been paid for. If you have registered a domain name, that fee can not be refunded but you will have ownership of that domain name until it expires.
   
   There are no cancellation charges*.
   
   
4. WEB HOSTING SERVICE GUARANTEE.
   We guarantee 99.9% uptime or better. If your Web site is not available to the public at least 99.9% of the time in any given month, we will refund the service fee for the period that your site was inaccessible upon request.
   
   
5. 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.
   
   
6. 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 unsolicited bulk messages. 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 antispam blacklists, such as the MAPS 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).
   
   
7. 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.
   
   
8. 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.
   
   
9. 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.)
   
   
10. VIOLATIONS.
    If we determine that 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.
    
    
11. LIMITATION OF LIABILITY.
    Our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the services. We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or inability to use the services, or for the cost of procurement of substitute services.