Terms of Service

Terms of Service

WHEREAS, DavesNetwork is an information provider connected to the Internet DavesNetwork offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize DavesNetwork's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, DavesNetwork can make no guarantee that any given reader shall be able to access DavesNetwork's server at any given time.

DavesNetwork represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

FINANCIAL ARRANGEMENTS

  1. Customer agrees to never be in a contract! The customer can pre-pay for a discount, but the customer may be refunded any time that is not used upon cancellation, beginning upon commencement of service.
  2. There is NO Setup fee on any Shared Web Hosting accounts. The customer will not pay for a setup at any time, unless a custom agreement is made.
  3. "30-Day Money-Back Guarantee" offer only applicable to hosting accounts.. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
  4. Violations of DavesNetwork's Terms of Service or Spam Policy may, at DavesNetwork's discretion, result in immediate and permanent disablement without refund.
  5. Disputed charges ("chargebacks") associated with any DavesNetwork account may, at DavesNetwork's discretion, result in immediate and permanent disablement.

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MATERIAL PRODUCTS

  1. Customer will provide DavesNetwork with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of DavesNetwork. DavesNetwork shall make no effort to validate this information for content, correctness or usability.
  2. Use of DavesNetwork's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
  3. The following examples are offered:
    • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    • CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of DavesNetwork to provide this knowledge or Customer Support outside of the defined service of DavesNetwork.
  5. DavesNetwork will exercise no control whatsoever over the content of the information passing through the network.
  6. The customer agrees to make use of DavesNetwork servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. DavesNetwork servers are not intended as a data backup or archiving service. DavesNetwork reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
  7. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any DavesNetwork server. If your processes are adversely affecting server performance disproportionately DavesNetwork reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
  8. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted. Pursuant to this policy, the poorly-written WordPress plugin "All in One SEO Pack" is expressly prohibited on DavesNetwork shared hosting servers.
  9. DavesNetwork makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. DavesNetwork also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of DavesNetwork is at the Customer's own risk, and DavesNetwork specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. DavesNetwork expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  10. DavesNetwork specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", DavesNetwork may, at its option and at any time, reject this material, including but not limited to after it has been put on DavesNetwork's Server. DavesNetwork agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of DavesNetwork. If the Customer fails to modify the material, as directed by DavesNetwork, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access DavesNetwork.
  2. DavesNetwork makes no representations, warranties or assurances that the Customer's equipment will be compatible with the DavesNetwork service.

AGE

  1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

  1. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of DavesNetwork may not be used to impersonate another person or misrepresent authorization to act on behalf of others or DavesNetwork. All messages transmitted via DavesNetwork should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
  2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either DavesNetwork or external computers and Denial Of Service attacks of any kind.
  3. For more information on acceptable practices for bulk email, the use of copyrighted materials, trademarks, and more, please contact us.

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. DavesNetwork will accept termination by electronic mail. Notwithstanding the above, DavesNetwork may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. DavesNetwork reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

  1. Customer expressly agrees that use of DavesNetwork's Server is at Customer's sole risk. Neither DavesNetwork, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that DavesNetwork's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DavesNetwork Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall DavesNetwork, its offices, agents or any one else involved in creating, producing or distributing DavesNetwork's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DavesNetwork Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DavesNetwork's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on DavesNetwork's Server service.
  3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

  1. Customer may only use DavesNetwork's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on DavesNetwork's Server.
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use DavesNetwork's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at DavesNetwork. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

PROMOTIONAL CODES

  1. By using a promo code you waive the option to indicate who referred you to DavesNetwork.
  2. You may not change/submit a promo code or referrer after you've finished signing up.
  3. Promo codes/referrers are for new customers only - if you use one you may not host on your account any domain ever previously hosted with DavesNetwork.

INDEMNIFICATION

  1. Customer agrees that it shall defend, indemnify, save and hold DavesNetwork harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against DavesNetwork, its agents, its customers, servants 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 DavesNetwork against Liabilities arising out of
    • any injury to person or property caused by any products sold or otherwise distributed in connection with DavesNetwork's Server;
    • any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    • copyright infringement;
    • any defective product which Customer sold on DavesNetwork Server.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of DavesNetwork.

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.