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The following are the terms and conditions for the use of services provided by DSPOON.com. The web hosting packages (further referred as accounts) are offered on paid basis to individuals who are at least 18 years old or minors with parental permission. By completing "account sign-up" form and clicking "submit" button you are stating that you are eligible for an account and that you agree to be bound by all of the terms and conditions mentioned here. Billing and accounts receivable policy Acceptable usage and content policy |
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1. Billing and accounts receivable policy All customers of DSPOON.com must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. Billing is done at the beginning of each month, for the month ahead. Prices are subject to change in the future, but are guaranteed through your paid billing period. 1.1 Paying for your account DSPOON.com accepts various methods of payment for Billing transactions, the most common being by cheque, credit card and bank draft. Payments made by cheque are accepted, covering a billing period of 6 months ahead or 12 months ahead, only. Regular monthly payments are accepted by credit card only. Customers opting to pay by credit card agree to have payments deducted automatically by DSPOON.com's Automated Billing Process. DSPOON.com will automatically deduct account fees from your nominated credit card, on each Billing Day without fail, unless by decision of the DSPOON.com Management only, and will deduct requested payable extras at any time at their own convenience. DSPOON.com will cease to bill the nominated credit card once an account has been terminated by the customer in writing, and all outstanding payments have been made. Monthly payments with a credit card will ensure that your account is not deactivated due to lost mail or other unforeseen problems. Please update DSPOON.com with your credit card information if you receive a new credit card number and/or expiration date. Problems may arise with your account if your card expires. There is a reactivation charge of $10 for accounts deactivated because of non-payment. Dspoon.com accepts American Express, MasterCard, Visa and Diners Club. 1.2 Disputed Billing Transactions You agree to forward all disputed Billing transactions to Billing at billing@dspoon.com for an initial appraisal. If in the case of billing disputes, bank 'Chargebacks' are initiated, all costs to retrieve the lost payment will be forwarded to the customer via his or her bank, records will be forwarded to the Customers Bank, and the Credit Card Company, credit Controller. This may incur double charges from the customer's bank and DSPOON.com's nominated bank. Charges may also come from the Credit Card company. Chargebacks are in most cases made fraudulently and will be pursued fully, by parties including Debt Collection and Legal. 1.3 Payments from international clients For international orders the preferred method of payment is use of one of the credit cards mentioned above. For all Australian based clients there will be a GST charge at 10%, applied to all goods and services provided by DSPOON.com. 1.4 Updating your billing information Clients can submit updated billing information to DSPOON.com by using the secure payment form.If providing information direct to billing at billing@dspoon.com then please include your account ID (which you will be given when you order your first account), when submitting any changes. 1.5 Domain registration DSPOON.com will register (Top Level Domains) TLD (.com, .net, .org). The details you supply, when signing up for an account, are used when registering the domain. If you wish to update any of the domain details, please send an email to billing@dspoon.com with the details. 1.6 Account cancellation The set-up fee and first month's service charge for an account is non-refundable. If an account is cancelled after the billing cycle for a certain month, the account will be billed for the entire month (i.e., if you cancel your account on March 12, you are still charged for the whole March period). 15 days written notification is required before account cancellation may take place. Please send notice via email to billing@dspoon.com . You will receive a cancellation confirmation at the email address you nominated. If you do not receive a confirmation within 3 days of cancellation, contact billing@dspoon.com Please note no other means is acceptable and/or valid to cancel the account. With reference to Credit Card payments, DSPOON.com will cease to bill the nominated credit card once the account has been terminated by the account holder in writing, and all outstanding payments have been made. Any questions or disputes must be forwarded to billing@dspoon.com . For disputes refer to 1.2 Disputed Billing Transactions. 1.7 Upgrading and downgrading account types To upgrade or downgrade your account simply e-mail sales@dspoon.com Upgrading your account incurs a $10 upgrade fee. When downgrading you will be charged the set-up fee for your new account package. DSPOON.com reserves the right to reject an account. DSPOON.com reserves the right to terminate an account immediately if the account infringes our terms and conditions. DSPOON.com reserves the right to terminate an account with 7 days notice, at any time. 2. Backup and Storage policy All customers of DSPOON.com must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. DSPOON.com backs up all server configurations on a regular basis, which helps in restoring the existing configurations in case of hardware failure. It is not possible to restore the data for individuals and therefore we encourage our customers to back up their contents on a regular basis. DSPOON.com will provide help or assistance, where it can, to recover the lost data due to any reason but, accepts no responsibility or liability for possible permanent data loss. To maintain the high performance of the servers we need to clean/delete the stats log files from time to time. Usually this deletion process occurs on the beginning of each month. Customers are advised to make copies of the log files regularly and before deletions, as DSPOON.com does not provide an individual log files recording or storage facility. DSPOON.com accepts no responsibility or liability for loss of log files after deletion of log files. DSPOON.com provides access to a real time graphics stats server for each domain. We encourage our customers to export all the necessary stats records on regular basis. Due to the involvement of third party components and the complexity of links between domains and the stats server, neither DSPOON.com nor any third party hold any responsibility or liability for any stats data loss or corruption (if occurred). Further more it is strongly advised that you retain a copy of each and every file or data-type before uploading it on the DSPOON.com servers, as DSPOON.com does not accept any responsibility or liability for permanent loss of data, in any form. 3. Bandwidth usage policy All customers of DSPOON.com must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. DSPOON.com has an extremely capable connection to the major backbones of the Internet. As the needs arise, our bandwidth is continually upgraded to accommodate the growing needs of our users. However, if any one web site produces an abnormally large amount of web site traffic for extended periods of time, this can cause slowdowns throughout the entire network. Accounts on higher-level hosting plans will be granted more leniency in regards to bandwidth usage. Please note that other items such as CGI or email might require you to purchase a different, more suited, package. Account variations can be found on the 'Prices' page. If an account is found to be using excessive bandwidth, the owner of the account will be contacted about upgrading his account, or negotiating extra bandwidth charges. If you have any questions about this or any other policies held by DSPOON.com, please feel free to email us at info@DSPOON.com 4. Web Space usage policy All customers of DSPOON.com must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. DSPOON.com provides limited web space to store files and data. The size of the web space depends upon the account size you have chosen. You can review the web space allocated on different accounts at the hosting details page. If an account is found to be using more web space than allocated, the owner will be contacted about reducing the web space to their account limit, or upgrading the account or negotiating over-used web space. The owner will have 7 days to correct this problem – reduce web space to limit, upgrade the account or purchase extra web space. Please note that stats log files for your domain are stored in your web space and is part of your account. Sometimes these files are the reason for the over-size of an account. It is the customer’s responsibility to download the logs files regularly and delete them from the server when necessary. For further information in this regard please contact sales@dspoon.com 5. Customer support policy All customers of DSPOON.com web hosting must abide by all the terms of these policies. Violation of any of these policies may result in the immediate termination of an account. It has been the goal of DSPOON.com since our founding to provide top-quality customer support and satisfaction. We would like to take this opportunity to clarify what our role is in providing a web presence service. There are certain features such as CGI, ASP, ODBC, SSI, real audio, etc., that we provide to our user. However, due to the complex nature of supporting such services, we will give limited support to users in learning how to use such features. We will verify that the settings are correct on our end, but to help users correctly set up their own files, we must charge a fee based on professional rates. In this document, we wish to clarify what issues shall receive free technical support (general issues) and which shall be charged for (advanced support). We make great effort to provide a fast turn-around on support for all general support issues. The time frame for advanced support will vary depending upon the complexity of the issue. If you have any confusion as to what issues would fall into the general support category and which would have a charge, please e-mail info@DSPOON.com . We have outlined below several examples of general support issues and some advanced support issues: 5.1 General support issues [no charge] You may obtain free technical support on issues similar to the following by emailing support@DSPOON.com .
5.2 Modifying existing domains with DSPOON.com DSPOON.com wishes to ensure that you have a complete domain service with your account. This means being able to reach a web site at a fully qualified domain name url, e.g. www.dspoon.com Included with the creation of each new account/domain is the registration or modification of a domain name with the current Registrant, to enable the domain to work with our servers. The DSPOON.com support team can assist you with the changes. If after the initial processing you need the DSPOON.com support team to modify the domain, there will be a $10.00 service charge. This charge also applies to domains registered by other registrants, and is applied for modifying information on all aspects of your domain details. For domains registered through DSPOON.com, all updates should be requested via to domain@DSPOON.com , this does not incur a fee, for any registrant. 5.3 Clean up or re-installation of an account The cost of cleaning up or re-installing an account is $15.00. If you wish to start from scratch, we will delete and re-create your account for this fee. 5.4 Advanced support [$60.00 per hour] Technical assistance with any user-supplied CGI script, ASP extensions, java applets, etc., is not included in the 'general support' category. If you will require assistance with your web site development including setting up or debugging a CGI program we will provide it at the rate of $60.00 an hour, billed a minimum of 15 minutes in advance. If the error was found to stem from incorrect system settings (caused by DSPOON), the fee will be waved. Services falling under this category would include:
6. Acceptable usage and content policy All customers of DSPOON.com web hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. DSPOON.com strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:
Any site hosted by DSPOON.com which provides offensive adult services, as deemed by DSPOON.com, will be stopped in expectation of a site clean up, there shall be a minimum service charge of $75 to reactivate the site and work done on confirmation of acceptance, of site content, and further charges at the rate of $60.00 per hour after the first hour. There will also be a charge of $0.50 per MB of data transfer if the site accumulates data during that period. DSPOON.com will not tolerate offensive adult web sites. No email address provided by DSPOON.com shall be used to send 'Spam,' or un-solicited mass email messages. Any account found in violation of this will be cancelled immediately. Any activity that overloads our servers and/or hides access to sites hosted by DSPOON.com will not be permitted nor tolerated. This includes, but is not limited to:
If you are unsure of anything that you would like to place on your web site, please contact us regarding this matter before you sign up. This will relieve stress and time on both sides. We reserve the right to cancel any account at any time for any reason deemed necessary by the management of DSPOON.com. We reserve the right to change the terms of this acceptable usage and content policy at any time for any reason deemed necessary. If you know of any account that is abusing these practices, please email abuse@DSPOON.com and describe the abuse, and provide us with the url or email address of the party you are reporting, if at all possible. 7. Policy on Spam and UCE All customers of DSPOON.com must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. Recent growth of the Internet has also brought about more and more possibilities for abuse of this new communications medium. In response to this, we have developed the following position on abuse of Internet services provided by DSPOON.com in order to protect you, our customer, from Internet harassment and intrusions of privacy. 'Netiquette’ is a term, which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the internet. The Internet, as large and complex as it is, has no single governing body. There is no Internet management to complain to when things go wrong. Every facet of the Internet is overseen by those organizations (such as DSPOON.com) whose networks are interconnected to form the Internet. This also means that every user of the Internet is responsible for their own-behavior. Because the Internet is simply an interconnected set of smaller networks, each entity using the Internet retains some liability for the cost associated with traffic and storage, for example, a single posting to a single newsgroup takes storage space on the local news server, then must be transmitted to a few more servers, which store the information on their hard drives, re-transmitting to a few more servers, and so on. When the costs of the storage space and transmission are all factored together, a single newsgroup posting can cost the collective internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit email. Therefore, someone using email or news postings for abusive purposes can have a large financial impact on the networks involved. Aside from the financial costs, someone who has fallen victim to some sort of Internet abuse has other costs in terms of decreased effectiveness of the Internet. For example, someone besieged by Spam email (a massive bulk email message to subscribers who did not indicate any desire to receive such email) spends additional time downloading and responding to email, which was never wanted in the first place. A newsgroup subscriber may see their favourite newsgroup overrun with meaningless off-topic advertisements, obscuring any effective information still remaining in that newsgroup. When an DSPOON.com customer performs any one of these abusive activities, DSPOON.com pays a price too. The additional time we have to spend responding to the complaints that pour in could be much better spent on other services. If the domain “DSPOON.com’ appears anywhere in the email headers, we will receive complaints. Even if someone is using the services of another ISP to send out 'Spam', advertising their M6 -hosted web site, we will get complaints. Because of the potential consequences of this type of activity, DSPOON.com does nor accept this type of behaviour by our customers. In the past however, we have given people the benefit of the doubt, assuming they didn't know that their actions could have such unwanted effects. If we received a complaint about an DSPOON.com user abusing the Internet, our standard practice had been to warn the user that further behaviour of this type would result in termination of their account. This strategy, although mostly effective, still let’s Internet abuse originate from DSPOON.com. Therefore, we've decided to switch to a more proactive strategy, making sure our customers know beforehand what is and is not appropriate on the Internet. All new subscribers to DSPOON.com 's services will be informed of the consequences of internet abuse as part of our revised 'acceptable usage and content policy.' now that we've gone on the record with what is and what isn't acceptable use of the internet, any DSPOON.com customer who abuses the resources of the internet in any of the following ways will permanently lose their access to the DSPOON.com network. These include:
There are literally thousands of advertising and marketing resources that are effective and either low, or no cost. These include classifieds on every one of the thousands of malls on the internet, your DSPOON.com web space, registering with search engines, appropriate usenet postings, and many other completely legitimate methods of appropriate advertising. We are not saying you can't advertise on the Internet. What we are saying is that we will cancel the account of any subscriber who uses DSPOON.com’ services to advertise inappropriately; primarily meaning, using unsolicited mass mailings, and spamming the usenet. We’re aware of the many ways that someone can hide their identity on the Internet, and rest assured that a person's access would not be terminated until we are sure that they indeed are responsible for the abuse that appears to be coming from them. Hopefully this document should answer all of the questions of existing subscribers. If the subject of Internet abuse is still unclear, please see one of the following urls: http://marketing.tenagra.com/rfc1855.html http://www.oak-ridge.com/ibbch4p1.html Any subscriber that violates the Spam policies of DSPOON.com will be charged $150.00 per hour for the time it takes us to 'clean-up' your Spam. This shall include but not be limited to the time required to answer mail from angry recipients of your Spam and/or repair of a damaged server due to the 'mail bombing' or other actions of the angry recipients in retaliation to the Spam. Please note also that it is now considered a crime in many parts of the world, to send UCE (unsolicited commercial email) as it falls into the category of 'junk faxes.' DSPOON.com will turn over names and personal information of any person who violates this law to the appropriate state / federal officials for further legal action. If you have any further questions regarding our policy on Spam/UCE, please email us at sales@dspoon.com 8. Disclaimers and limitation of liability The information and services included in or available through the DSPOON.com web site or sites or products related to the DSPOON.com service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The DSPOON.com management may make improvements and/or changes to its service at any time. DSPOON.com does not claim in any way that the web hosting services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. DSPOON.com does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable. By completing the account sign up form and clicking the submit button you specifically agree that DSPOON.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that DSPOON.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that DSPOON.com is not responsible for any content sent using and/or included in the services provided by them, by any third party. DSPOON.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DSPOON.com AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DSPOON.com AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DSPOON.com OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES. 9. Indemnification You agree to indemnify and hold DSPOON.com, partners, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them. |
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