This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Dinohost Inc. (the "Services"). As used in this Agreement, "Dinohost" means Dinohost Inc. and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Dinohost site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Dinohost Site" refers to the Site located at the URL http://dinohost.com, or any other successor Sites owned or maintained by Dinohost Inc.
1. APPROPRIATE USE OF THE SERVICES
Dinohost provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Dinohost server in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of Dinohost or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any Dinohost policy posted on the Dinohost Site including, but not
limited to, our Acceptable Use Policy (includes
Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in damage
to Dinohost or any third party.
UCE (SPAM) Policy. Dinohost is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Dinohost network, by customers or any other users of the Dinohost network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Dinohost server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Dinohost email address or web site URL is prohibited. The use of Dinohost servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $100.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse(at)dinohost.com.
CGI Abuse Policy. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Dinohost customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.
Chat. Dinohost does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
Proxy Scripts. Dinohost prohibits the installation and use of proxy scripts. This includes any script that allows someone to surf from our servers to a third party site. These types of scripts cause an unnecessary burden on system resources, and lend themselves to abuse complaints. Accounts that are found to have such content uploaded to their web space are subject to immediate suspension and/or termination without notice.
Public Image/File Hosting. Image, filedump, and any other public file hosting services (similar to rapidshare, photobucket, imageshack, etc...)
are not allowed on our servers.
Bandwidth. Client may occupy only the amount of disk space on the Dinohost Server and utilize no more than the network bandwidth that is allotted by Dinohost. Additional fees, specified in the Products page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files and Processing. Client will have the ability to reinstate files which are automatically archived by Dinohost; however, Dinohost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Dinohost is not responsible for Client's data back-up or subsequent loss.
3rd Party Software. We offer 3rd party software for managing your accounts, such as CPanel. Dinohost has no access or rights to 3rd party software code and therefore cannot guaranee the accuracy or performance of the software, including but not limited to functionality, backup processing, reports & statistics. Dinohost will provide first line support for standard software offered with our packages and will report bugs and work with the individual vendors to address product performance issues.
Termination. Dinohost reserves the right to refuse service to anyone. Dinohost, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. There will be no tolerance of verbal or written abuse toward our support staff and/or employees, such abuse can lead to immediate termination of service at our discretion. To report any unacceptable behavior by a third party using the Services, please contact abuse(at)dinohost.com.
2. PAYMENT OBLIGATIONS
Service Fees. Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through Dinohost, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Dinohost does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Dinohost be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Dinohost from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERMINATION & SUSPENSION OF SERVICE
You may cancel at anytime. To cancel your account, please contact support(at)dinohost.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Dinohost that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
If Dinohost suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Dinohost and full payment of balances due.
If a Client terminates their account, Dinohost will disable the server/account the day the client specifies the account is cancelled. Dinohost will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Client will pay and indemnify and hold Dinohost harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE DINOHOST SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE DINOHOST SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. DINOHOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DINOHOST SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL DINOHOST BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE DINOHOST SITE OR ANY DINOHOST PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL DINOHOST CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Dinohost. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Dinohost’s policies are subject to change by Dinohost without notice. Continued usage of the Services after a change to this Agreement by Dinohost or after a new policy is implemented and posted on the Dinohost Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Dinohost Site for any changes or additions.