TERMS & CONDITIONSD3Host INC (hereinafter referred to as "D3Host INC") provides web hosting to peoples all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality.
D3Host INC Service AgreementThe D3Host INC Service Agreement is a separate agreement between D3Host INC and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using D3Host INC services.
ServicesD3Host INC will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before D3Host INC billed Customer. Customer also understands that unless D3Host INC is running a promotion, D3Host INC will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a D3Host INC customer service representative.
Rejection of ServicesD3Host INC reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If D3Host INC feels that it is not of its best interest, or a liability to obtain a customer, D3Host INC will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. D3Host INC will give notice of cancellation if D3Host INC cancels Customers account, as well as temporary suspension and denied services.
PaymentD3Host INC will invoice Customer 7 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with D3Host INC, and will pay before or on the due date of invoice. If Customer has not paid by the account due date, If Customers account is not paid after 10 days of the due date payment has not been received, D3Host INC, at its desecration, will terminate the customers service(s), unless arrangements have been made by the customer with D3Host INC.
Good Neighbor Policy (BUSINESS Hosting)D3Host INC specializes in "BUSINESS web hosting" and before you sign up with us it's important that you know what BUSINESS hosting is and how it plays a part in your web site hosting experience. For simplicity's sake let's just say that there are two types of web hosting; BUSINESS and dedicated.
BUSINESS Web Hosting: Means you pay a relatively small amount of money and your site is hosted on a server that is BUSINESS by other customers.
Dedicated Hosting: Means you pay a premium (normally hundreds of dollars for a quality server), but the server is only used by your site. Nothing you do affects anybody else's site and nothing anyone else does will affect your site.
D3Host INC Good Neighbor Policy states that "no single site shall be allowed to affect the performance of the other sites sharing the server." This means that we constantly monitor all of the sites on the server and if one of them starts to cause trouble for the others, we will take action to fix the issue. What does this mean?
If a site is using a high amount of the server's resources (CPU, RAM, etc), we will attempt to find out what script/app/etc is causing the problem and we will disable it asap. Nearly 100% of the time we will disable only the offending script or site, not the entire account.
Does a high traffic site mean I need a VPS or dedicated server? When do I need to worry about causing problems to the BUSINESS server?
Not necessarily. While a large amount of traffic can cause problems, we have clients with sites that receive thousands of visitors per day and they don't cause any problems whatsoever for the server. It's all about what your site is doing. Bad scripting, large MySQL databases, automated tasks, etc... can all wreak havoc on a BUSINESS server.
Keep in mind that even if your site only receives 10 visitors a day, a bad script can still cause your site to consume too many server resources. This is something a lot of customers might not understand. So please be aware that if you are notified of a suspended file on your account, it's nothing personal, D3Host INC isn't trying to ruin your day. We are simply keeping our promise to the other customers on the server and not letting one site slow down all of the sites.
So what are the resource limits?
The following limits are set in stone and any file/script/app that reaches these limits will be suspended without warning. If at any time your site receives notice of a suspended file, you will more than likely have the opportunity to fix the problem. Once a file has been suspended and you have notified us of a correction, it can take up to 48 hours before the script is allowed to go live on the server again.
* Memory usage may not exceed 10% per domain/file/application
* CPU usage may not exceed 20% per domain/file/application
* 30 MySQL maximum user connections allowed
* 350 emails per hour
Summary: If your account (more specifically any files/pages in your account) causes any type of problems for the other users on the server, it can and will be suspended.
System Resource Usage
If D3Host INC Hosting system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, D3Host INC may temporarily deactivate the account in question. If D3Host INC staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with 7 days in which to either upgrade to a vps/dedicated server or locate a new provider. This only occurs in extreme cases. D3Host INC will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Domain Parking CircumventionAny attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
Background Running Programs (bots/daemons/monitors)Customers are not permitted to run programs in the background on hosting. This tends to use a lot of system resources, and can impair service to other customers on that server.
BackupsD3Host INC hosting accounts include a backup service, however these backups are for D3Host INC administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. D3Host INC does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on D3Host INC part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
ContentAll services provided by D3Host INC may be used for lawful purposes only. Storage of any information, data or material in violation of any Belize law is prohibited. This includes, but is not limited to content related to: children pornography, phishing, Scam. Using D3Host INC services for SPAM, MALWARE or BOTNETS are STRICTLY PROHIBITED! Services used for mentored activities will be suspended without warning! The subscriber agrees to indemnify and hold harmless D3Host INC from any claims resulting from the use of the service which damages the subscriber or any other party.
Staff AbuseAt D3Host INC, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given 7 days notice to find a new host.
IRC (Internet Relay Chat)We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and no refund will be issued.
Shell AccessShell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
Unsolicited Email (SPAM)Spamming, or the sending of unsolicited email, from a D3Host INC server or using a return email address that is maintained on a D3Host INC server is STRICTLY prohibited. Using SPAM to advertise a site hosted on D3Host INC's network also constitutes as a violation of this provision. D3Host INC will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued. Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
Server AbuseAny attempts to undermine or cause harm to an D3Host INC's server or customer of D3Host INC is strictly prohibited. D3Host INC will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. D3Host INC will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Failure to Follow PoliciesFailure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to D3Host INC's discretion). Any accounts and/or servers contained within D3Host INC's network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. D3Host INC reserves the right to deactivate, suspend and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
Cancellation of ServicesTo cancel account, the customer must login to their account, click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.
If you are canceling under our Money Back Guarantee, please be sure to specify this in addition to your reason of cancellation.
Refund PolicyAll new BUSINESS Hosting Accounts are covered by a 15 day money back guarantee. If you become dissatisfied with our services at any point within the first 15 days of holding an active account, we will issue a 100% refund of your money unless otherwise specified at, or prior to, the time of purchase.
Your web hosting account will renew on a monthly, yearly basis. Refunds for web hosting account renewals will be granted to customers who request a cancellation of their service, in writing, no later than 7 days after the renewal date. No exceptions will be made to this policy.
Accounts cancelled/terminated by D3Host INC do not qualify for the 15 day money back guarantee. 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.
All domain names sales are made final at the time of purchase. You are the sole owner of any domain names registered through our services upon payment in full. Should you decide to leave our service for another provider, domain names are transferable and therefore not subject to refunds.
Changes to registered domain names (incorrect spelling, etc..) cannot be made once the domain has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected.
Domain Name Renewals - Domain Name renewals are billed automatically on the schedule agreed to in the contract. They will renew automatically until you write in and cancel the renewal of you domain name. Keep in mind that domain names are on a minimum of an annual plan.
LiabilityYOU AGREE THAT D3Host INC WILL NOT BE LIABLE FOR ANY:
(1) USE OF YOUR WEB HOSTING ACCOUNT,
(2) INTERRUPTION OF BUSINESS,
(3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER;
(4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
(5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(6) EVENTS BEYOND OUR CONTROL;
(7) THE PROCESSING OF THIS APPLICATION;
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
D3Host INC ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Updated: December 4, 2011