Hosting Terms of Service

1. Introduction

This document sets forth the principles, guidelines and requirements of the Terms of Service of Dean Systems a Denver based company (the "Company") governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and any such modification shall be automatically effective as to all customers when adopted by Company. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company at the following addresses:

support@DeanSystems.com
Facsimile: (303) 471-0499

2. Compliance With Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1 General

3.1.1 Resale of Services and Products, without the prior written consent of Company.

3.1.2 Pornography and pornographic related merchandising are prohibited under all the Company's services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, IRC Bots, Egg Drop programs, any kind of illegal software or shareware.

3.1.3 Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.

3.1.4 Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.

3.2 System and Network

3.2.1 Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).

3.2.2 Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3 Executing any form of network monitoring which will intercept data not intended for the Customer's server.

3.2.4 Circumventing user authentication or security of any host, network or account.

3.2.5 Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

3.2.6 Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

3.2.7 Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

3.2.8 Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

3.2.9 Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

3.2.10 Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

3.3 Billing

3.3.1 Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.

3.3.2 Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.

3.4 Mail

3.4.1 Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam").

3.4.2 Sending UCE referencing an email address for any domain hosted by the Company;

3.4.3 Sending UCE referencing a domain hosted by the Company;

3.4.4 Sending UCE referencing an IP address hosted by the Company;

3.4.5 Posting advertisements on IRC, ICQ, or any other public chat system;

3.4.6 The Company will be the sole arbiter as to what constitutes a violation of these provisions.

3.4.7 Harassment, whether through language, frequency or size of messages.

3.4.8 Unauthorized use, or forging, of mail header information.

3.4.9 Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

3.4.10 Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

3.4.11 Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.

3.4.12 Harassment, whether through language, frequency or size of messages.

3.4.13 Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.



3.5 Usenet Newsgroups

3.5.1 Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spams").

3.5.2 Posting chain letters of any type

3.5.3 Posting encoded binary files to newsgroups not specifically named for that purpose.

3.5.4 Cancellation or superseding of posts other than your own.

3.5.5 Forging of header information.

3.5.6 Solicitations of mail for any other E-mail address other than that of the poster's account or service, with intent to harass or to collect replies.

3.5.7 Use of unsolicited E-mail originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.

4. Unlimited Plan

In addition to the other terms of this agreement which apply to all plans, the Unlimited plan, by its nature, is subject to a number of differing and/or additional terms.

The Company provides the unlimited space and unlimited transfer in good faith to our Customers so that they may create their Web sites without the fear of running over their Web space or Web traffic allocation. While most Customers will use the extra Web space and traffic for their legitimate Web site needs, the Company recognizes that others may try to take advantage of this offer and use the space and traffic in ways for which it is not intended. In the best interests of Company's Customers and in an effort to maintain the integrity of Company's services, the following terms apply to usage of the "Unlimited" Plan:

4.1.1 Customer's site must use and store only the information and data that relates to the Web site, at the IP address provided by the Company.

4.1.2 Customer may not resell or give away Web space under a domain name, nor may Customer build Web sites that house "sub domain" Web sites on behalf of other companies, groups or individuals unless you are a Company reseller, abiding by the Company's Reseller rules. Customers who wish to resell the Company's Web space should utilize the Company's Reseller Program;

4.1.3 Customer may not use Customer's Web site to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Web site as a repository for file, data or "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion;

4.1.4 Customer may not use its Web site as a storage area for files that are not linked to Customer's Web pages. That is, the unlimited space and unlimited traffic are provided for User's Web site, not for Customer's personal file storage;

4.1.5 The Company's "unlimited traffic and storage" offer is to provide the Company's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. The Company permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.

4.1.6 The Company does not permit sites in the Unlimited Plan where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations.

4.1.7 CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse of unlimited bandwidth. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted.

4.1.8 Real Audio/Video is permitted for clients who have elected and ordered the Company's Real Audio/Video package. All Real Audio/Video packages have traffic and data storage measured and metered independently from Web hosting plans. All Real content must be stored on the designated Real server.

5. Terms and Termination

5.1 Customer has 30 days from date of account setup to be eligible for a refund. All refunds requested with a "valid complaint" will receive a refund of the charged periods. Specifically from beginning of sign up to month's end and following charged months if the beginning of the month and its charge have fallen in the 30 day period. What constitutes a "valid complaint" shall be determined by the Company in its sole and absolute discretion.

5.2 Websites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund under the Companies 30 day money back guarantee, and are subject to charges for bandwidth and usage of resources.

Acceptance of these Terms of Services, and/or use of Company's services, constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies. Company reserves the right to terminate accounts of Customers which, in the Company's sole judgment, violate the terms of this agreement.

5.3 By submitting a credit card on the order form, Customer agrees that all monthly or yearly hosting fees are recurring. The Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees.

5.4 Customer will not receive a refund for any setup fees or any fees other than the monthly or yearly recurring hosting fees. Fees resulting from extra services or "add-ons" are not classified as monthly or yearly recurring fees and thus are not refundable.

5.5 Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies.

5.6 The Company reserves the right to terminate this agreement, and to delete the Web site from its hardware, immediately upon the occurrence of any of the following events:

5.6.1 Non payment of any charges due from Customer;

5.6.2 Breach of any term or condition of this agreement by Customer;

5.6.3 Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit names the Company as a party or seeks and recovery from the Company .

5.7 Payment for any charges is due upon the date of the invoice. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Any charge that is not paid within thirty (30) days from the date of the invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company .

5.8 These Terms of Services hereby incorporate the following agreements, and Customer agrees to be bound by said agreements:

The ICANN Domain Name Dispute Policy

gTLD Domain Name Registration Agreement


6. Indemnification of Provider/Relationship of Parties

Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Web site provided hereunder.

Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Web site, except as necessary to maintain the Web site.

7. Security/Software

Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.

Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.

Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.

Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.

Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage, other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.

8. Violation

Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

9. Refusal of Service

The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.

Failure to follow the Terms of Service may result in immediate account termination.

10. Disclaimer

EXCEPT AS SPECIFICALLY SET FORTH IN THESE STANDARD APPLICABLE POLICIES, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES PROVIDED, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

THE SOLE CUMULATIVE LIABILITY OF COMPANY FOR ALL CLAIMS MADE BY CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

The Company reserves the right to revise or change these Terms of Service at any time.

This Agreement shall be governed in all respects under the laws of the State of Vermont applicable to contracts made, accepted and performed wholly in Vermont, without application to principles of conflict of laws, and Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Vermont.