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Indemnification Policy
You agree to use all Dacsoft Internet Services LLC (Dacsoft Hosting) services and facilities
at your own risk. DacsoftHosting specifically disclaims all
warranties of merchantability and fitness for a particular
purpose. In no event shall DacsoftHosting be liable for any
loss, or loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or other
damages. Customer agrees that it shall defend, indemnify,
save and hold DacsoftHosting harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against DacsoftHosting, 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
DacsoftHosting against liabilities arising out of: Any injury
to person or property caused by any products sold or otherwise
distributed in connection with DacsoftHosting’s server. Any
material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party Copyright infringement
any defective products sold to customer from DacsoftHosting’s
server. DacsoftHosting shall be the sole judge of what violates
this Policy.
30 day money back Guarantee
DacsoftHosting offers a 30 day, a no questions asked money
back guarantee. After the end of the 30 day period the Account
Cancellation rules apply on all services. Domain registration
fees are not refundable.
Account Cancellation
You may cancel your hosting account at anytime prior to the next payment due date. Refunds for
accounts cancelled after the first 30 days and before 90 days
will be granted less the dollar amount for the amount of service
you have used - charged at the standard monthly fee for the
plan provided. Any bandwidth overage will be deducted before
refund is granted.
Payment Policies
Establishment of these services are dependent upon receipt
by the Company of payment. Subsequent payments are due on
the anniversary date of the month for that month's service.
The above applies to all accounts and services provided by
dacsofthosting. Accounts not paid by due date are subject
to a $1 late fee. Service will be interrupted on accounts
that reach 7 days past due. Service interrupted for nonpayment
is subject to a $5 reconnect charge. Accounts that are not
collectable by DacsoftHosting may be turned over to an outside
collection agency for collection. All overcharges or billing
disputes must be reported within 60 days of the time the dispute
occurred. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Account Termination
DacsoftHosting will terminate any account who takes action
to harm our company reputation. This includes contacting existing
customers or publishing negative information on internet Chat
or Forum sites. If a problem cannot be resolved the account
will be closed. Accounts terminated for violation of the Terms
of Service or Acceptable Use Policy will not be granted a
refund.
Violation of our anti-spam policy will be grounds for immediate
account termination. Web sites deemed offensive, pornographic
or racially degrading, by DacsoftHosting, will be removed
from our servers without notice. Abusive behavior
of any type will not be tolerated. DacsoftHosting
will immediately terminate any account who harrasses or otherwise
abuses our support staff. Web sites promoting, making available
or otherwise contributing to software piracy, hacking, spamming,
denial of service attacks and/or damage to commercial networks
or servers will be removed from our servers without notice
and illegal acts will be reported and prosecuted. Sites associated
with fraud or other illegal activities will be immediatly terminated.
Accounts using up enough server resources, to slow or crash
a server, will be shut down without prior notice. Websites
with heavy traffic should not run BBS, webcams, forums and
message board programs on our general hosting accounts, due
to the massive amount of server resources they require. If
an account is shut down, due to server resource issues, we
will (upon request) make a reasonable effort to help get the
account unsuspended. This includes tracking down the offending
program, if applicable, and/or making available other arrangements
for hosting the account on a semi-private or private server
(additional fees may be required). Third-party installed versions
of FormMail are forbidden, due to the security risk they pose.
We have FormMail available, globally, for all accounts on
our network.
All server activity is logged. Any snooping, hacking, or
other inappropriate activity of any type outside of your account,
on our servers, will be grounds for termination.
In addition, your account is for web and email use only,
any other activities, at our sole discretion, will be grounds
for termination as well.
Service
We will make every reasonable attempt to avoid unexpected
server downtime and to ensure that all accounts are well taken
care of. We cannot guarantee or predict server downtime. Any
network problem, or outage, is not covered under any guarantee
or warranty and will not be grounds for reimbursement for
any subsequent financial damages or losses.
Backups
It is the clients' responsibility to maintain local copies
of their web content any information. Backups are made for
server restoration purposes only. The Backup Manager is included
in each hosting plan and you can use this tool to backup your
files. If loss of data occurs due to an error of DacsoftHosting,
we will attempt to recover the date at no charge to the client.
If data loss occurs due to negligence of client in securing
their account or by an action of the client, DacsoftHosting
will attempt to recover the data from the most recent archive
for a $75.00 fee. |