Terms of Service
TOS
The use of services from DonBiz Hosting Company constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of fraud. It
is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. Providing false
contact information of any kind may result in the termination of your
account. In dedicated server purchases or high risk transactions, it
will be necessary to provide government issued identification and
possibly a scan of the credit card used for the purchase. If you fail
to meet these requirements, the order may be considered fraudulent in
nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us, however, we can not make guarantees of the transfer process. We
provide this as a courtesy service and can not make guarantees
regarding its availability or the amount of time it may take as each
host is configured a little differently. We will try our best, however,
in some cases we may be unable to assist you in a transfer of data from
an old host.
2.) Content
All services provided by DonBiz may only be used for lawful purposes.
The laws of the State of Maryland, State of Illinois, State of Colorado, and Federal laws for the United States of
America apply.
The customer agrees to indemnify and hold harmless DonBiz from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result
in the immediate termination of your account. If you believe that your
copyright or trademark is being infringed upon, please email
abuse@donbiz.net with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, mirror, or banner-ad services (similar to rapidshare,
photobucket, or commercial banner ad rotation), affiliate servers,
topsites, commercial audio streaming (more than one or two streams),
Escrow, High-Yield Interest Programs (HYIP) or related sites,
Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP)
or related sites, Investment sites (FOREX, egold exchange), sale of any
controlled substance without prior proof of appropriate permit(s),
AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime
Banks Programs, lottery sites, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are prohibited.
(If you need hosting for any of the content listed above, visit our offshore hosting site located at
http://offshore.donbiz.net)
We reserve the right to refuse service to anyone. Any material that, in
our judgement, is obscene or threatening is prohibited and will be
removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours
may result in the suspension or termination of your services. All abuse
issues must be dealt with via troubleticket/email and will have a
response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at
abuse@donbiz.net and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not
limited to child pornography or content perceived to be child
pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so
you may terminate the account. We will further monitor your activity;
more than one infraction of this type may result in the immediate
termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set
properly, regardless of installation method. When at all possible, set
permissions on most directories to 755 or as restrictive as possible.
Users are ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as username
and password. It is required that you use a secure password. If a weak
password is used, your account may be suspended until you agree to use
a more secure password. Audits may be done to prevent weak passwords
from being used. If an audit is performed, and your password is found
to be weak, we will notify you and allow time for you to change/update
your password.
Click Here to generate passwords.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be
treated as spam. Any user who sends out spam will have their account
terminated with or without notice.
Please read
http://www.donbiz.net/mailpolicy.html for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent via
fax, email, instant messaging, or usenet/newsgroups. No organization or
entity listed in the ROKSO may be hosted on our servers. Any account
which results in our IP space being blacklisted will be immediately
suspended and/or terminated.
DonBiz reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not
comply with its established policies, or to make any such modifications
in an emergency at its sole discretion.
DonBiz reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee. This cost of the clean up
fee is entirely at the discretion of DonBiz.
4.) Payment Information
You agree to supply appropriate payment for the services received from
DonBiz, in advance of the time period during which such services are
provided. You agree that until and unless you notify DonBiz of your
desire to cancel any or all services received, those services will be
billed on a recurring basis.
Cancellations must be done by accessing the Client Area and requesting
it. Once we receive your cancellation and have confirmed all necessary
information with you via e-mail, we will inform you that your account
has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of DonBiz, it is your responsibility to ensure that your
payment information is up to date, and that all invoices are paid on
time. DonBiz provides a 5 day grace period from the time the invoice is
due and when it must be paid. Any invoice that is overdue for 5 days
and not paid will result in a $10 late fee and/or an account suspension
until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and
cannot be refunded via Paypal. If you require assistance with this
provision, please contact
sales@donbiz.net
DonBiz reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. DonBiz is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on DonBiz servers.
6.) Cancellations and Refunds
DonBiz reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time by logging into their Client Area.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
* Bank Wire Transfers
* Western Union Payments
* Checks
* Money orders
There are no refunds on dedicated servers, VPS servers, administrative fees, install
fees for custom software, or domain name purchases. Refund requests for
shared and reseller accounts after the initial 30 days will be refunded
on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may
potentially result in suspension. Accounts found to be exceeding the
50,000 inode limit will automatically be removed from our backup system
to avoid overusage. Every file (a webpage, image file, email, etc) on
your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension.
The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary
account mailbox. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit. To
disable your default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in: :fail: No
such user here
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account until
you upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 30 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of DonBiz's managed shared and reseller servers carry a 30 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service,
you will be given a full refund of the contract amount. Remember, this
is only for monthly shared or reseller packages and does not apply to
dedicated servers, administrative fees, install fees for custom
software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of DonBiz
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the
uptime reported by other individual services. To request a credit,
please contact
sales@donbiz.net
with justification. All requests must be made in writing via email.
Uptime guarantees only apply to shared / reseller solutions. Dedicated
servers are covered by a network guarantee in which the credit is
prorated for the amount of time the server is down which is not related
to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. DonBiz does not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the
actions of their clients'. DonBiz will hold any reseller responsible
for any of their clients actions that violate the law or the terms of
service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account. Semidedicated
servers are not backed up. You must maintain your own backups.
12.) Dedicated Servers
DonBiz reserves the right to reset the password on a dedicated server
if the password on file is not current so that we may do security
audits as required by our datacenter. It is the responsibility of the
client to ensure that there is a valid email address and current root
password on file for their dedicated server on file to prevent downtime
from forced password resets. DonBiz reserves the right to audit servers
as needed and to perform administrative actions at the request of our
datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution for
this. You may purchase an additional hard drive and maintain backups to
it as the most simple solution. Please contact
sales@donbiz.net if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on donbiz.net,
and the right to increase the amount of resources given to plans at any
time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold DonBiz
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against DonBiz,
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 DonBiz against
liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with
DonBiz; (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 customers from
DonBiz's server.
15.) Disclaimer
DonBiz shall not be responsible for any damages your business may
suffer. DonBiz makes no warranties of any kind, expressed or implied
for services we provide. DonBiz disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by DonBiz and its employees.
16.) Disclosure to law enforcement
DonBiz may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
DonBiz reserves the right to revise its policies at any time without notice.
