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Legal Policy & Terms of Service

1.0 - Definitions
A.“Customer”, “Client” and “you” refers to an end user who is rendering services provided by DAWebHost.
B.“DAWebHost” and “we” refers to DAWebHost and its parent company DotAnimizers.

2.0 - Description of DAWebHost
"DAWebHost" is a brand operated by a registered business "DotAnimizers" based in Sydney , Australia providing Web Hosting (Including Reseller Hosting) and Domain Name Registration.

Visitors / Customers must agree with to the Legal Policy & Terms of Use for our services before subscribing or purchasing any service from DAWebHost. Existing customers are bound to this legal policy. Opening an account with DAWebHost is an acknowledgement that the Client has read, understands, and agrees with DAWebHost’s Legal Policy & Terms of Use.

DAWebHost reserves the right to change this Legal Policy & Terms of Use at any time without notice. Please check www.dawebhost.com/terms.html at least once a month to review the current Legal Policy & Terms of Use.

DAWebHost strives to provide the best possible service to all our Customers and offers no guarantees on services provided.

DAWebHost will not tolerate any unlawful activity or abuse on our servers. DAWebHost respects freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other DAWebHost Customers and DAWebHost against such harm.

3.0 - Indemnification Policy
Client agrees to use all DAWebHost services and facilities at Client’s own risk. All DAWebHost services are on an “as is” bases and DAWebHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall DAWebHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold harmless DAWebHost from any and all demands, liabilities, losses, penalties, damages, expenses, costs and claims, including reasonable attorney’s fees asserted against DAWebHost, its Agents, its Customers, Officers, Managers, Owners, 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 DAWebHost against liabilities arising out of:

- Any injury to person or property caused by any products or services sold or otherwise distributed in connection with DAWebHost’s server;
- Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products or services sold to Customer from DAWebHost’s server.

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

4.0 - Support Policy
It is the Client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the DAWebHost support staff to teach you how to use aspects of the tools at your disposal.

5.0 - Property Rights
DAWebHost owns all right, interest and title in DAWebHost’s trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to its services unless otherwise stated. This agreement does not constitute a license to the client to use DAWebHost’s trade names or service marks.

6.0 - Domain Name Registration Services
DAWebHost provides Domain Name Registration Services to end-user customers and domain name business resellers by our technology partners (third party) GoDaddy.com, Inc.

DAWebHost does not own domain names registered by our customers. Although in the WHOIS records of domain names purchased through DAWebHost it is shown that the domain name is owned by DAWebHost, customers have the right to change this. If WHOIS changes are not made to show customers actual information, DAWebHost is not responsible for the domain name and will not be liable for any damages or losses caused by the domain name hosting activities.

DAWebHost is not responsible for the renewal domain names. DAWebHost have the right to renew expired domain names that are not renewed by customers upon its expiry date to sell them at higher price or place for auction. DAWebHost also have the right to take over domain names that is not fully paid for sale or auction.

DAWebHost will not be responsible for failed attempts of domain name registration and domain name transfer.

DAWebHost domain name registration service is rendered and considered complete after the domain name has been successfully registered, renewed or transferred. Refunds will not be made under any circumstances after the domain name is successfully registered, renewed or transferred.

Full payment is required before any domain name is registered, transferred or renewed. Automatic recurring billing for a domain name will continue until Client transfers the domain name or cancels automatic recurring billing. Client may transfer a domain name at anytime after first billing cycle which is minimum 12 months.

7.0 - Shared Web & Reseller Hosting Services

7.1 - Payment Policies, Fees and Refunds
Full payment is required before any service is rendered, which includes renewals. Prepayment is due each 15 days following the date the account was established unless prior arrangements are made with DAWebHost. Billing will continue until Client cancels their hosting account. Client may cancel at anytime. As a policy, DAWebHost does not offer credits or refunds for hosting time already expended unless otherwise stated.

This only applies to cancellation by the Client. If cancellation is done by DAWebHost due to restrictions violation, there will be no refund. DAWebHost will only allow for the discount if cancellation is not the fault of the Client, as determined by DAWebHost. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. DAWebHost reserves the right to change prices at any time.

7.2 - Account Cancellation
Client may cancel at anytime. Client must submit a ticket to cancel their account. Client must forward initial welcome email as confirmation of their identity. Notification of cancellation must be received at least five business days prior to Client’s renewal date to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from DAWebHost that the account has been cancelled. If the Client has not yet received email confirmation of account cancellation, then the account remains active, and Client will continue to be charged.

DAWebHost reserves the right to cancel any account at anytime for any reason. Customer agrees to accept any cancellation without recourse or claim.

7.3 - Client Information
Client agrees to be at least 18 years of age. If Client is under 18 years of age, the Client must have parental consent to create a shared hosting account with DAWebHost, and the account must be ordered by and in the name of the Client’s parent or guardian. Client agrees to be an authorized user of any credit card supplied to DAWebHost.

7.4 - Server abuse policy
If DAWebHost determines that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to the Client to contact DAWebHost and formulate a plan to get that domain activated again. DAWebHost is quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

7.5 - SPAM Policy
DAWebHost 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 DAWebHost network, by Customers or any other users of the DAWebHost network (including Customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the DAWebHost server.

DAWebHost reacts 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 any DAWebHost email address or web site URL is prohibited. The use of DAWebHost servers as a mail drop for responses to activities described above is also prohibited.

If Client has any complaints or comments regarding Spam on the DAWebHost network, please direct them to us by submitting a ticket.

7.6 - Content Policy
All services provided by DAWebHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Common law, Australian Federal law, Australian State law, Australian Territory law or the Constitution of Australia is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless DAWebHost from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all DAWebHost servers. This includes sites that may infer sexual content, or links to adult content elsewhere. DAWebHost 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 DAWebHost 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
- Illegal music/movie downloads

DAWebHost does not host sites of its competitors or web pages promoting sites of its competitors.

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

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

7.7 - CGI/PHP Scripts Policy
Client is free to use any CGI or PHP scripts, [as long as they are not on our banned script's list] however DAWebHost reserves the right to disable any CGI or PHP script that affects normal server operation or service to other DAWebHost Customers. Client will be notified in 24 hours about offending CGI or PHP scripts.

DAWebHost is not responsible for scripts that Client uses. It is not DAWebHost’s responsibility to ensure Client’s scripts function. We do not provide technical or any other form of support for any scripts Client or 3rd party scripts.

7.8 - Traffic Policy
DAWebHost Customers are discouraged from storing any files that cause excessive traffic on DAWebHost servers.

DAWebHost reserves the right to refuse service to anyone for any reason not prohibited by law. Also, DAWebHost reserves the right to terminate service to any Customer for any reason not prohibited by law.

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

All account plans come with a predetermined amount of traffic allowance. DAWebHost monitors all accounts and bills $5.00 for each gigabyte of traffic exceeded. Client can monitor transfer amounts at anytime in Client’s account cPanel.

7.9 - Backups
Full backups are made periodically. 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 Client's responsibility to maintain local copies of their web content information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of DAWebHost, we will attempt to recover the data 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, DAWebHost will attempt to recover the data from the most recent archive for a $50.00 fee.

 

 
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