Terms and Conditions

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of DFINEHUB is strictly prohibited.

DFINEHUB will take serious action for any kind of unauthorized use of accounts and computers. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Hosting accounts may be terminated that include the following content or which have links to the following content:

  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
  • Displaying material containing obscene nudity or pornographic must move to an adult server. Contact sales for more information.
  • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
  • Programs which put high loads on shared servers are not allowed. This includes Forums (IKONBOARD), Message Boards, IRC Chats and any program or script in any language which performs a high load on the CPU.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Such as:

  • Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited.

Payment Policies

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 account@dfinehub.net. 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.

Account Cancellation

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.

Account cancellations should be process via e-mail to: account@dfinehub.net


Disk And Bandwidth Overages

All DFINEHUB accounts come with specified disk space and bandwidth. If you wish to Upgrade your Web Space or bandwidth it is possible through our Add-Ons. Contact our sales department for more information - account@dfinehub.net.


Intellectual Property Rights

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.


Network Security

Customers may not use the DFINEHUB network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or 
network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DFINEHUB will cooperate fully with investigations of violations of systems or network 
security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Lawful Purpose

Customers may only use DFINEHUB server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of DFINEHUB management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Alameda County, California, and any dispute will be litigated or arbitrated in Alameda County, Fremont. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Alameda County courts.

Backups

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.


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.