Definitions

→"we" "us" "our" and "D & M Hosting" refers to D & M Digital Creations Ltd and D & M Digital Creations Ltd.

→"you," "your" and "Customer" are references to the person or entity paying for services from D & M Hosting having entered into this agreement;

→"services" are web hosting, domain registration, reseller rights, outsourced support, email and other services or facilities provided by us to you;

→"web server" is the computer equipment operated by us in connection to the services provided;

→"order" means a request made by the Customer to us for services to be supplied subject to these Terms of Service;

→"charges" are the charges payable by the Customer for the provision of services. Details of which can be found at http://www.dmmedia.co.uk and may from time to time vary.These Terms of Service do not affect your statutory rights as a consumer.

1.2 Include

The words "include" and "including" are to be construed without limitation.

1.3 Headings

The headings in this document are for convenience only and shall not affect the interpretation of these Terms of Service.

2. Ordering Process

2.1 Order Acceptance

We have not accepted a Customer application or order until an account is set-up and you receive the ‘welcome’ email, including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the Customer. In such cases, a full refund will be made using the same method of payment as was originally used.

2.2 Order Screening

2.2.1 D & M Digital Creations Ltd utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.

3. Refunds and Cancellations

3.1 Money Back Guarantee

3.1.1 Customers are entitled to a full refund on all our packages within 7 days of the initial order being placed. Domain registrations, domain renewals, domain transfer fees and SSL certificates are not included in this guarantee and cannot be refunded.

 

3.1.2 Only first-time account holders are eligible for refunds. If you have had an account with us, cancelled and ordered again, you will not be eligible for a refund or if you have opened a second account with us.

 

3.1.3 If your package includes a free domain and is transferred out or cancelled within the first year of hosting with us, you will liable for the full cost of the domain before release.

3.2 Chargebacks

If any chargebacks are placed from within the Paypal/Skrill payment system we will automatically restrict access to the service for which the transaction is linked to and we reserve the right to restrict access to, suspend or terminate other services you hold with us, including files and backups from any hosting accounts you hold with us. If there is then a negative balance on your account we will have no option but to pursue recovering the costs through our solicitors.

3.3 Cancellations

3.3.1 If the Customer would like to cancel their hosting account, they can request cancellation from inside their billing account.

 

3.3.2 Refunds or credit are not given for unused hosting service. Eg. If the Customer requests to cancel after paying their next month’s invoice, this invoice will not be refunded.

 

3.3.3 Domains and SSL certificates cannot be cancelled and therefore not refunded/credited.

4. Misuse

 

4.1 We reserve the right to immediately suspended or terminate a service in receipt of an abuse complaint or if we deem the hosting account is being used for any of the activities stated in clause 4.x.

4.2 Spam / Unsolicited Mass E-mail

 

The sending of unsolicited commercial email (SPAM) through our web servers, or via third party web servers promoting a web site hosted by us, can result in the suspension or termination of the Customer’s web hosting account, without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear ‘double opt in’ methods and a strict removal procedure is published in all mailings. ‘Safe lists’ and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.

 

4.2.1 When a complaint is received, D & M Digital Creations Ltd will investigate and shutdown the account that is SPAMing. A £250 charge for violating this policy will be charged to the person initiating the abuse. Furthermore D & M Digital Creations Ltd reserves the right to prosecute for this violation. A £1.00 charge will be assessed PER EMAIL sent should D & M Digital Creations Ltd choose to pursue and prosecute in cases of SPAMing.

4.3 Chat Rooms

 

Only the chat room scripts provided for the Customer in their control panel are allowed on our web server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provided for scripts, which are FULLY applet based whereby the applet is downloaded and run from the Customers system.

4.4 Account Use

Under no circumstances must our web servers be used for the hosting or communication of, reference to or linking to but is not limited to any of the following:

 

4.4.1 Adult content that is not legal to UK law, including child pornography, child abuse;

4.4.2 violations of any copyright or any other right of any third party;

4.4.3 threatening, abusive, harassing, defamatory statements;

4.4.4 promotion of illegal activities (hacking, cracking, etc);

4.4.5 information or software containing or about any kind of virus;

4.4.6 hate speech or hate propaganda;

4.4.7 the collection of personal information for illegal purposes;

4.4.8 the storage of backups and archiving of electronic files that are not actively used by your website;

4.4.9 content deemed by us at our sole discretion to be harmful to us;

4.5 Prohibited Use

4.5.1 Banned Scripts – Shared Hosting

We do not allow the use of the following scripts on our web servers:

→UltimateBBS

→IkonBoard

→All versions of YABB forum

→Proxy scripts

→IRC scripts

→Anonymizer

→Chat rooms not included as standard in cPanel (see 4.2)

→phpShell and similar command execution scripts

→Webmail module of PHP-Nuke

4.5.2 Banned Services

We do not allow the use of the following services or activities on any server within our networks:

→Topsites

→IRC servers

→Anonymizers

→Pirated Software/Warez

→Illegal Downloads/Uploads

→AutoSurf/PTC/PTS/PPC sites

→IP Scanners / Port Scanning

→Bruteforce Programs/Scripts/Applications

→Email Marketing / Mass Mailing of any type

→Mail Bombers/Spam Scripts/Mailer Pro

→Commercial Audio Streaming (more than two streams)

→High-Yield Interest Programs (HYIP) or Related Sites

→Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

→Prime Banks Programs

→Lottery/Gambling Sites

→MUDs/RPGs/PBBGs

→Hacker focused sites/archives/programs

→Sites promoting illegal activities

→Forums and/or websites that distribute or link to warez/pirated/illegal content

→Bank Debentures/Bank Debenture Trading Programs

→Fraudulent and/or Phishing Sites

→Public Proxies / Public VPNs / TOR Exit

→Video Encoding / Streaming

→TeamSpeak / Mumble

→Public Game Servers (including Minecraft)

→Virtual Currency Mining

→zPanel / Sentora / Kloxo (Kloxo-MR is okay)

→DDoS-prone applications or booters / flood scripts

→IP Spoofing

→QEMU / Wine / Windows / nested virtualization and related

→Scripts that cause CPU / Disk IO / Network abuse

4.6 Reseller Customers

4.6.1 In the event that a resold account is in breach of our Terms of Service, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our Customer) of our actions and reasons. If the reseller does not act on the information we give them, they will lose ownership of the offending account until the issue is resolved.

 

4.6.2 Reseller end user (the Customer of the Reseller) support is not provided as standard. Reseller end user’s must contact their Reseller (Our Customer) and then the Reseller can contact us for technical support.

4.7 Sole Use

 

4.7.1 Accounts are to be used only by you. Account holders must not resell or give away web space or email accounts to other parties, other than the acceptance of advertisements. All web space and email accounts must remain in total control of the account holder.

 

4.7.2 In no way should the use or collection of data breach any UK data laws or that of the client, its customers or any visitor to the site.

 

4.7.3 Third party access to the billing system is prohibited all communication between client and host should be secured to soley the account holders use.

5. Billing

5.1 Payment Schedules

The Customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.

5.1.1 - Late Fee's - If you fail to pay Fees/invoices by the Due Date, a late fee will be assessed to the invoice due. For Development/Shared/Reseller Accounts 6 days past due, a late fee calculated at 30% of the balance or the maximum amount allowed by law will be due to re-activate service.

For Dedicated Server Accounts 4 days past due, a £20.00 USD late fee or the maximum amount allowed by law will be due to re-activate service. For VPS Accounts 4 days past due, a £10.00 USD late fee or the maximum amount allowed by law will be due to re-activate service. For software licenses 5 days past due, a late fee calculated at 20% of the balance or the maximum amount allowed by law will be due to re-activate service.

Late fees will be compounded. If your overdue balance includes multiple services (for example shared/reseller, dedicated server, etc.), each associated late fee will be added to the late fees and compounded.

5.2 Invoices

All invoice notifications will be sent via email and a printable version made available in the Customer control panel. Customers are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, within 5 working days of the invoice issue date. Invoices are sent 14 days prior to the invoice due date.

5.3 Bank Charges

Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing the bank account or credit card, or as a result of failed transactions.

5.4 Suspension & Termination

We reserve the right to suspend any account if the full payment has not been received 5 days after the invoice due date and terminate any account at our discretion after 10 days of non payment. Please note upon termination no files are retained on D & M Digital Creations Ltd Servers as part of our automation process

5.5 Currencies

All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company of the Customer. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All Customers are advised to check amounts using accurate recent exchange rates before ordering.

6. Backups

6.1 Regularity and Policy

D & M Digital Creations Ltd will make every reasonable effort to protect and backup data for Customers on a regular basis, however D & M Digital Creations Ltd does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the Customer is responsible for making back-up files in connection with its use of the services and under no circumstance will D & M Digital Creations Ltd be liable to anyone for damages of any kind under any legal theory for loss of Customer files and/or data on any D & M Digital Creations Ltd server.

7. Resource Use

7.1 CPU and Memory

All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the Customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU, etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the web server.

7.2 Data Transfer and Web Space Allocations

Customers can request a package upgrade or temporary resource increase at the costs available to view on our web site at http://www.dmmedia.co.uk. It is the sole responsibility of the Customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.

7.3 Maintainance

7.3.1 rDNS requests (made in writing/support ticket): All rDNS requests may require, at the discretion of D & M Digital Creations Ltd, a justification and/or an opt-in list. D & M Digital Creations Ltd reserves the right to deny or revoke rDNS entries which it deems to be in violation of this document.

8. Customer Responsibility

8.1 Contact Information

The Customer is responsible for keeping their contact details up to date in their billing control panel (http://portal.dmmedia.co.uk). We cannot be held responsible for communication mix-ups as a direct result of the Customer’s failure to update their details.

8.2 Sensitive Data

Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the Customer is required to request a change of login details by contacting our support staff.

9. Contact Procedure

9.1 Breach of Terms of Service

If a breach of these Terms of Service is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these Terms of Service is found we reserve the right to suspend the account(s) of the Customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the Customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).

9.2 Reseller Breach of Terms of Service

In the event that a resold account is the subject of the breach we will make every effort to contact the reseller before taking action. In serious cases we may have to suspend or disable part of the account before contacting the reseller.

10. Domain Names

10.1 Domains Registrations

 

10.1.1 Domains are registered under the Customers name and the Customer has full ownership of the domain once they have received the ‘welcome’ email.

 

10.1.2 Domains registered through us cannot be refunded once the Customer has placed the order.

 

10.1.3 Customer acknowledges and agrees that the use of the domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") located at http://www.icann.org/dndr/udrp/policy.htm, and Tucows.com Co. located at http://www.dmmedia.co.uk/tucows.html

 

10.1.4 We hold no responsibility for the loss of the domain or domain ownership if the domain is not renewed by the Customer.

11. Limitation of Liability

11.1 Indemnification

We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The Customer agrees to indemnify, defend and hold D & M Digital Creations Ltd, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.

11.2 Violations

11.2.1 We will fully cooperate with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these Terms of Service may incur criminal or civil liability.

 

11.2.2 For Customers with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these Terms of Service in a manner deemed by us to be extremely serious.

 

11.2.3 In the event that we are unable to contact a reseller account holder to pursue payment a breach of our Terms of Service, we reserve the right to contact their Customers to inform them of the situation. We also reserve the right to contact a reseller’s Customers if they are ‘abandoned’ by the reseller account holder.

 

11.2.4 We will be the sole arbiters as to what constitutes a violation of these Terms of Service. The failure by a Customer to meet or follow any of the above Terms of Service is grounds for account suspension or termination.

12. Service Level Agreement (SLA)

12.1 Service Interruptions

Any service interruptions or downtime due to scheduled maintenance by us or our network providers will not count towards the uptime guarantee. We are not liable in any way for failure of third party services.

12.2 99.9% Uptime Guarantee

If our server uptime falls below 99.9%, for reasons not stated in clause 12.1, during the period of a calendar month, we will credit the Customer’s billing account next month’s hosting fee by 25%. The Customer must notify us within 3 days of the occurrence to be eligible for the credit. Our servers are monitored in-house; we will not accept uptime/downtime claims from external monitoring systems and/or companies.

13. Amendments

13.1 Modification

We reserve the right to add, delete, or modify these Terms of Service, our hosting packages, prices and web site at any time and without notification – for this reason please review our current Terms of Service from time to time.