Terms of Service
The following content will not be tolerated on any package.
1. Any copyrighted Audio or Video Files. If they are legitimate files then they must be in a Real Media or Windows Media format and at a reasonable bit rate.
2. Any content that is considered to be offensive. This includes but is not limited to pornography and sex-related merchandising.
3. No Forums that consume too many resources. PHP-based Forums are preferred.
4. No Software, unless created by the client.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to DFINEHUB servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- IRC bots
DFINEHUB will be the sole arbiter as to what constitutes a violation of this provision.
Limitation of Liability
Customer agrees that no DFINEHUB Personal, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to DFINEHUB at the time) which may exist in the Services or DFINEHUB's equipment used to provide the Services.
Under no circumstances, including negligence, shall any DFINEHUB Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if DFINEHUB has been advised of the possibility of such damages. No DFINEHUB Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DFINEHUB's records, programs, equipment or services.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Notwithstanding anything to the contrary in this Agreement, DFINEHUB's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if DFINEHUB takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that DFINEHUB shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by DFINEHUB.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. DFINEHUB shall be the sole arbiter of what is considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
DFINEHUB performs periodic backups of critical system files for emergency purposes. Subscribers should not rely on DFINEHUB to perform site/data backups for them. Subscribers are responsible for backing up their own data. MySQL data dumps can be easily performed by the Subscriber via the included phpMyAdmin utility. Subscribers are advised to backup all of their own files to their local drives. DFINEHUB shall not be liable for any loss of data.
Any unplanned interruption in Service Availability during which the Client is unable to access the services rendered by DFINEHUB. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. DFINEHUB provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of DFINEHUB.
CGI script sharing with domains not hosted by DFINEHUB is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
DFINEHUB does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, DFINEHUB provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
DFINEHUB may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact DFINEHUB Support so that we can arrange set-up.
DFINEHUB does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a DFINEHUB server or using an email address that is maintained on a DFINEHUB machine is STRICTLY prohibited. DFINEHUB will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a DFINEHUB server as a mail drop for responses. Violators will be assessed a minimum fine of USD$100 and will face immediate suspension.
Any attempts to undermine or cause harm to a DFINEHUB server or customer are strictly prohibited.
Multimedia files are defined as any graphics, audio, and video files. DFINEHUB shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 80% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any database stored on DFINEHUB's servers shall not exceed 90% of the total disk space allotted for that particular domain's plan/web hosting account.
The Info-communications Development Authority of Singapore (IDA) and Media Development Authority ("MDA") sets forth the requirements for valid copyright infringement notification. If you would like to notify DFINEHUB of an infringement of your copyright, the IDA/MDA requires that you:
2. Include in your notification the following information
1.1 A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
1.2 Identification of the copyrighted work(s) claimed to have been infringed
1.3 Identification of the material claimed to infringe the copyright(s), and enough information for DFINEHUB to locate it
1.4 The Claimant's name, address, and telephone number(s)
1.5 A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
1.6 A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
All accounts are billed and charged according to the agreement between DFINEHUB and the Customer. Customers may be billed on arranged cycles automatically when using PayPal. You have the right to cancel your account at any time for any reason. To cancel your account you can email firstname.lastname@example.org. Only upon receipt of payment, your account will be processed within 2 to 3 working days. DFINEHUB reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an cancellation request. All invoices will be sent directly to clients via email shortly after the online purchase has been made. You could also use our online accounting system to view all your billing information and invoices and change them how ever you want.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
All requests for canceling accounts should be made 48-72 hours before renewal date of server. Upon submitting the cancellation request server access will be disabled. If for any reason after submitting cancellation access is enabled a $50.00 fee will be applied.
Note: DFINEHUB has the authority to discontinue or suspend your account whenever necessary according to its internal or external policies.