Acceptable Use Policy (AUP)
DMB Hosting is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account deactivation without notice. DMB Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact management.
Illegal Usage
DMB Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to DMB Hosting service agrees to indemnify and hold harmless DMB Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. DMB Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Illegal Content
DMB Hosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of £50 . When using an account with shell, you are not allowed to run ANY servers or services on the DMB Hosting network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, Trackers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than £50.00 , and no more than £100.00 . DMB Hosting reserves the right to terminate an account for these activities also.
Software Distribution
DMB Hosting’s web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.
File Usage and Storage
DMB Hosting web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.
Chat Rooms
DMB Hosting does not provide nor allow chat rooms on shared hosting enviroments. You may elect for a dedicated/vps server to run a chat room efficiently.
IRC
DMB Hosting does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.
Security
Users are prohibited from violating or attempting to violate the security of the DMB Hosting Network. Violations of system or network security may result in civil or criminal liability. DMB Hosting will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. DMB Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
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 email or a newsgroup posting.
Server Abuse
Any attempts to undermine or cause harm to a DMB Hosting server or customer of DMB Hosting is strictly prohibited. Any sub-networks of DMB Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of DMB Hosting ’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of DMB Hosting to provide this knowledge or support outside matter specific to DMB Hosting servers.
Backups
DMB Hosting takes extreme steps to maintain system integrity. However, DMB Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, DMB Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All DMB Hosting data backups are designed against hardware failure not customer user error.
Actions
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. DMB Hosting will be the sole arbiter as to what constitutes a violation of the AUP. DMB Hosting reserves the right to remove any account without prior notice.
When DMB Hosting becomes aware of an alleged violation of its AUP, DMB Hosting will initiate an investigation. During the investigation, DMB Hosting may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DMB Hosting may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DMB Hosting will notify the appropriate law enforcement authorities of such violation.
DMB Hosting does not issue credits for outages incurred through service disablement resulting from AUP violations.
DMB Hosting customers agree to indemnify and hold harmless DMB Hosting from any claims resulting from the use of our services that damages them or any other party. The DMB Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DMB Hosting expressly disclaims any representation or warranty that the DMB Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by DMB Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DMB Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
DMB Hosting reserves the right to add, delete, or modify any provision of this policy at any time without notice.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided at a cost of £15.
Resource Abuse Policy (RAP)
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and DMB Hosting does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
50 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
TERMS OF SERVICE FOR OFFSHORE HOSTING
DMB Hosting agrees to provide the client web hosting for a monthly/semi-annual/annual fee. DMB Hosting will never require clients to advertise for DMB Hosting on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
PLEASE READ:
We ask that clients and resellers ensure they keep local backups of their site/s and not rely on any of our backups as they may be out of date or have corruption, we provide all the tools needed in the control panel to backup sites and database files.
Contents
All services provided by DMB Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless DMB Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of Non-Acceptable Contents or Links
Pirated software
Illegal Adult Websites (we DO allow legal adult sites)
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Scripts
Child Pornography
Proxy Sites
IRC / Torrent files and trackers
We DO allow
warez links and nulled scripts, legal porn etc..
Background Running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, DMB Hosting reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
Distribution and/or Transmission of Obscene or Indecent Speech or Material
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through DMB Hosting's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DMB Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DMB Hosting Network. If you use a domain name in connection with the DMB Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
DMB Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of DMB Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam or Unsolicited E-Mail
You must not use DMB Hosting, DMB Hosting equipment or any DMB Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DMB Hosting Network, DMB Hosting equipment or any DMB Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, DMB Hosting reserves the right to disable your domain without warning. In addition, DMB Hosting may impose a £50 penalty for each spam policy violation. DMB Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, DMB Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a DMB Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold DMB Hosting(or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DMB Hosting, 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 DMB Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DMB Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of DMB Hosting to the amount paid for service.
Refund and Cancellation Policy
For payment, DMB Hosting accept MasterCard, Visa, American Express via Paypal
DMB Hosting invoices exclusively via e-mail. DMB Hosting do not send out invoices via postal services.
You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our (15) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by DMB Hosting that is listed on our site. You may cancel for any reason, however, to receive a refund of any sort you must be cancelling due to a flaw in DMB Hosting's services. You should not expect a refund for any other reason as we will not provide refunds unless there is a lack of services on DMB Hosting's behalf.
To claim a refund, log-in into our billing system and fill out cancellation ticket, we will process your cancellation and refund money in 12-24hours.
If after (15) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to DMB Hosting.
However, if customer cancels fifth teen (10) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.
If you fail to cancel your account by the above ways your account will continue to be billed.
We reserve the right to suspend any account joint to your account in your name if outstanding payments are ignored.
Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late.
Generally, customers are given a 3 day grace period after which the account is put on suspension.
You will receive a payment reminder everyday from the start of your payment due date. If after 7 days payment has not been received or we have not been contacted regarding payment, your account will be suspended without any further notice.
Reactivation of closed accounts due to delinquency incurs a £10 reactivation fee as well as payment of the balance due in full, for late payments please email sales@dmbhosting.co.uk. This e-mail address is being protected from spambots. You need JavaScript enabled to view it to arrange payment.
Cancellation
You must use only one of following methods to deliver an official written notice of cancellation:
Please e-mail sales@dmbhosting.co.uk This e-mail address is being protected from spambots. You need JavaScript enabled to view it on receipt your account will be pending cancellation within 24 hours.
Please include your Name, domain name, username, password and your reason for canceling.
You must give 14 days notice that you are going to cancel your account and your account must be at a zero dollar balance, if you have outstanding payments these MUST be paid before your account can be canceled.
Disclaimer
DMB Hosting will not be responsible for any damages your business may suffer. DMB Hosting makes no warranties of any kind, expressed or implied for services we provide. DMB Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DMB Hosting and its employees. DMB Hosting makes a 99.95 % Uptime guarantee.
DMB Hosting keeps backups of key server systems only. DMB Hostingcan accept no responsibility for any loss of data or consequences arising from this. DMB Hosting always advises clients to back up their site data regularly for its own protection.
DMB Hosting further more expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of DMB Hosting. A customer's failure to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with DMB Hosting then DMB Hosting will not be responsible for maintaining hosting for the resellers customers.
Finally, DMB Hosting wishes to emphasize that in accepting services, customers indemnify DMB Hosting for the violation of any law or DMB Hosting policy, that results in loss to DMB Hosting or the bringing of any claim against DMB Hosting. This means that if DMB Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DMB Hosting, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
DMB Hosting reserves the right to change, edit, or update the policies contained in this document, along with the content on our website including the prices on our services at any time for any reason without notice.