Service Agreement

Service Agreement

This Agreement ("Agreement") sets forth the terms and conditions of your use of HostDFW Servers, LLC., ("HostDFW") for web hosting services. You certify that you are at least 18 years of age. To become a HostDFW account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by HostDFW. This Agreement will become effective when accepted by HostDFW. By posting notice 30 days in advance at a web page available on HostDFW web site (http://www.hostdfw.net), HostDFW may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

Scope of Services and your Obligations

This Agreement defines the terms and conditions of HostDFW's services as offered by HostDFW and used by you, including the provision of web hosting services on HostDFW's servers and connectivity to the Internet (the "Services"). HostDFW will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, HostDFW maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

HostDFW reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. HostDFW will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not HostDFW's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that HostDFW is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, HostDFW will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, HostDFW has a policy of terminating accountholders who infringe on copyrights.

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on HostDFW's servers nor the links to other websites are screened, approved, reviewed or endorsed by HostDFW. HostDFW is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not HostDFW's statements of advice, opinion or information.

Payment Policies, Fees, and Refunds:

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, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime.

Every hosting account with HostDFW features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by completing the form located at: http://www.hostdfw.net/contact.html, we will refund all routine account fees, exclusive of any set fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. We do not refund partial-month hosting fees. HostDFW will only allow for the refund if cancellation is not the fault of the client, as determined by HostDFW. Accounts closed for violating the Restrictions policy do not qualify for a refund.

If your web site has an overdue balance, the HostDFW automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current.

If you are paying by telephone, we charge $5 service fee per transaction.

30 Day Money Back Option

All Web Hosting plans include a 30 day money back policy. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account. HostDFW refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Resellers' refund will be reduced $25 for virtual name servers installed on the account. This money back guarantee is not available after 30 days. Any request for cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts.

Accounts cancelled/terminated by HostDFW for violating HostDFW Restrictions policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Please allow at least 4-6 weeks for refunds of check, money order, credit card or PayPal payments.

Terms:

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Texas (without regard to conflicts of laws principles).

Indemnification Policy:

You agree to use all HostDFW services and facilities at your own risk. HostDFW specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostDFW be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD HostDFW HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY HostDFW. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HostDFW HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HostDFW, 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, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HostDFW AGAINST LIABILITIES ARISING OUT OF:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostDFW's server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from HostDFW's server.

HostDFW shall be the sole judge of what violates this Policy.

Account Cancellation:

You may cancel at anytime. Setup fees are non refundable. The money back option is not available after 30 days.

NOTE: HostDFW charges a $25.00 fee for returned checks and a $75 fee for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests and email will not constitute acceptance of any cancellation. 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 HostDFW 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. All HostDFW accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify HostDFW to formally cancel your account to avoid further charges.

Account Ownership:

HostDFW is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to HostDFW servers. Once the Web site is published to HostDFW servers the account owner has retained ownership of that content.

Email Policy:

HostDFW may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than about 150 emails/hour. *

Client is responsible for keeping email storage on each POP3 box below 100 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora. In most cases, emails are limited to 10MB per file size.

*This number does not apply to virtual private server accounts.

SPAM Policy:

HostDFW 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 HostDFW network, by customers or any other users of the HostDFW network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the HostDFW 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 an HostDFW email address or web site URL is prohibited. The use of HostDFW 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 $500.

If you have any complaints or comments regarding Spam on HostDFW network, please direct them at to HostDFW staff here.

Content Policy:

All services provided by HostDFW may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless HostDFW from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all HostDFW servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HostDFW will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HostDFW 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

· HYIP sites (High Yield Investment Programs)

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

HostDFW will be the sole arbiter as to what constitutes a violation of this provision.

The web storage space is for business and personal website operations purposes only and not for unrelated data storage.

CGI Scripts 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 HostDFW customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Traffic Policy:

HostDFW allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. HostDFW customers are discouraged from storing any files that cause excessive traffic on HostDFW servers. Please contact HostDFW web hosting technical support team for more information. Again, 99% of the sites do not fall into this category and never reach HostDFW traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to HostDFW or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host web sites which contain adult material.

You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your web site has used all the bandwidth transfer that you have purchased, HostDFW system will suspend your account until you contact us to purchase additional bandwidth transfer.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of HostDFW, we will attempt to recover the date for no charge to the client.

If data loss occurs due to negligence of client in securing their account or by an action of the client, HostDFW will attempt to recover the data from the most recent archive for a non-refundable $150.00 fee. This fee can not be waived for any reason.

Telephone Support:

Client agrees to use the Help Desk located at www.hostdfw.net/support for web hosting technical support issues. HostDFW does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $20.00 per call for a 30 minute call. HostDFW shall have sole authority to determine violations of this policy.

Privacy:

We use your IP address to help diagnose problems with HostDFW server, and to administer the HostDFW Web site.

HostDFW site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.

· Registration:
In order to register for HostDFW service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name.

· To register for Web Hosting, the user must also supply a username, password and domain name.

Resellers:

· You provide billing to your customers. We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and your services in addition to that.

· We can only allow you to be a reseller if you are paying by credit card

· Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.

· your customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting.

· You agree that neither you nor your customers can hold us responsible for services that you offer.

· your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts

· If you abuse HostDFW services, we reserve the right to cancel your account, which will also cancel your customers accounts.

Uptime Guarantee:

If the Website uptime of customer's Website is less than 99.9%, HostDFW will issue a credit to the customer's hosting account in accordance with the following table, with the credit being calculated on the basis of the monthly service.

Website uptime - Credit Percentage 99.9 to 100% - 0% 98% to 99.8% - 10% 95% to 97.9% - 25% 90% to 94.9% - 50% 89.9% or below - 100%	Downtime Amounts - Credit Percentage Less than 42.2 mins - 0% 42.3 - 864 mins - 10% 865 - 2160 mins - 25% 2161 - 4320 mins - 50% greater than 4320 mins (72 hrs) - 100%
* Assumed a 30 day month, 43200 minutes in a month, 1440 minutes in a day

Exceptions
Customer shall not receive any credits under this Uptime Guarantee in connection with any failure or deficiency of Website availability caused by or associated with:

· Circumstances beyond HostDFW's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software including Miva Merchant, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Uptime Guarantee

· Failure of access circuits to the Service Provider Network, unless the failure is caused solely by HostDFW

· Emergency server or network maintenance, scheduled maintenance, and system upgrades

· Domain name system (DNS) problems outside of the control of HostDFW

· Issues with FTP, POP, IMAP, or SMTP customer access

· Customer's acts or omissions (or acts or omissions of others acting on behalf of or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful misconduct, or use of the Services in breach of ANY ITEM outlined in HostDFW's Restrictions Policy;

· Problems elsewhere on the internet that prohibit you from viewing your account. HostDFW is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas HostDFW controls such as HostDFW servers, routers, and switches. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist: http://www.internettrafficreport.com/details.htm

Credit Request and Payment Procedures
In order to receive a credit, customer must make a request by sending an email message to support@hostdfw.net. Each request in connection with this Uptime Guarantee must include customer's domain name and the dates and times of the unavailability of the website. The request must be received by HostDFW within ten (10) days after the Website was not available. If the unavailability is confirmed by HostDFW, credits will be applied within 30 days after HostDFW's receipt of the credit request. Credit is posted to the customer's hosting account only - no refunds via check, credit card, or PayPal are available.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this Uptime Guarantee shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by HostDFW and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Website availability of customer's website.

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