POLICIES :: Terms and Conditions

Network

The DS1 HOSTING network is engineered to deliver the highest level of network uptime and availability. DS1 HOSTING guarantees a network uptime of 99.9%, if DS1 HOSTING does not meet this guarantee, fees will be refunded for the duration of the outage. Network downtime is defined as 100% packet loss occurring in the transmission of data (packets) from the customers leased server(s), hosted on-site in the DS1 HOSTING data center, to the Internet backbone. Any suspected downtime must be reported to the DS1 HOSTING support department and must be verified by at least two (2) trace routes from independent locations. Downtime will be measured from the time the outage is reported to the DS1 HOSTING support department, to the time the server is able to transmit and receive data again.

Service outages include the availability of HTTP, POP3, SMTP, FTP, SSL, and DNS as currently configured for the customer. Downtime is defined as a primary service outage with a minimum duration of 15 minutes. The service must be inaccessible by the client via standard Internet utilities attempting to access the DS1 HOSTING network through the internet backbone, and the service must be in a non-operable state on the server.

Limitations

This guarantee does not apply to inaccessibility of services due to any network hardware, services, or other Internet utilities outside of the DS1 HOSTING network, including those utilities or network services used by the customer to access the internet. Third party monitoring systems will not be considered as valid proof of an outage without supporting confirmation by the DS1 HOSTING support team. In the event of a hardware failure, the response time may be extended by an additional two (2) hours which will allow adequate time for hardware replacement or repair. Any suspected service outage must be reported to DS1 HOSTING and verified by at least two (2) trace routes from independent locations. Downtime will be measured from the time the service outage is reported to DS1 HOSTING, to the time the service is responsive again. Delinquent customers are not eligible for any provisions contained within this agreement. Any client who chooses not to have their server monitored by our monitoring system, or limits our monitoring systems ability to connect to their server, will not be eligible for any of the provisions contained within the Network section of the DS1 HOSTING agreement.

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, harassment, fraud, drug dealing, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this agreement, is prohibited. DS1 HOSTING reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

DS1 HOSTING servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an E-mail, newgroups or HTTP posting.

Spamming

Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. It is contrary to DS1 HOSTING policy for customers to use our servers to effect or participate in any of the following activities:

1. To post to any Usenet or other newsgroup, forum, E-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

2. To transmit or support the transmission of unsolicited mass E-mailings, whether such unsolicited E-mailings provoke complaints from the recipients or not.

3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a DS1 HOSTING provided server, or using a DS1 HOSTING provided server as a maildrop for responses.

4. To falsify user information provided to DS1 HOSTING or to other users of the service in connection with use of a DS1 HOSTING service.

5. To host any content which is a component of; or affiliated with any transmission or service as described above.

Consequences of Violation

When DS1 HOSTING becomes aware of an alleged violation of its agreement, DS1 HOSTING will initiate an investigation. During the investigation DS1 HOSTING may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, DS1 HOSTING may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, DS1 HOSTING will notify the appropriate law enforcement department of such violation. DS1 HOSTING does not issue service credits for any outages incurred through service disablement resulting from agreement violations.

Modification

DS1 HOSTING reserves the right to add, delete, or modify any provision of this agreement at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations DS1 HOSTING's policy may contact via E-mail: support@ds1hosting.com