This document (the "Agreement")
sets forth the principles, guidelines and requirements of the Terms
of Service of ServerAllies.com, doing business as DP Communications 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
from time to time and any such modification shall be automatically
effective as to all customers when adopted by Company and published
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
2. COMPLIANCE WITH THE 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
3. PROHIBITED USES OF SERVICES AND
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.
3.1.1. 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, IRC Bots, Egg Drop
programs, any kind of illegal software or shareware. In addition,
sites offering online gambling, casino functionality, sportsbook
betting (including offshore), and internet lotteries are prohibited.
3.1.2. 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.
3.1.3. 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 Network3.2.1.
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
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
3.2.7. Creating an "active"
full time connection on a Company-provided account by using
artificial means involving software, programming or any other
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
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.
3.3.1. 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.
3.4.1. 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 containing an email address
hosted by the Company, a domain hosted by the Company, an IP address
belonging to the Company;
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
3.4.12. Activities deemed to be
unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Customer will be charged a
minimum $300.00 service charge for each instance of a verifiable UCE
that is reported to the Company and faces immediate account
suspension and/or termination, as well as further penalties.
3.4.14. Email messages received by our
mail servers are only guaranteed retention for a maximum of 90 days.
Emails older than 90 days are subject to removal.
3.5. Customer Support
3.5.1. The Company promotes a
mutually-professional relationship with its customers. Abusive,
threatening, obscene or otherwise harassing communications with
agents of the Company, via telephone, email, online chat or other
means will result in immediate account termination not withstanding
any other terms of this agreement. Violation of this or any section
of this Agreement will result in refund ineligibility.
4. BANDWIDTH & UTILIZATION
In addition to the other terms of this
agreement, which apply to all plans, bandwidth and utilization, by
its nature, is subject to a number of differing and/or additional
4.1 The Company provides the space and
unlimited transfer in good faith to our Customers so that they may
create their WebSites without the fear of running over their Web
traffic allocation. While most Customers will use the space and
traffic for their legitimate WebSite needs, we recognize that others
may try to take advantage of our offer and use the space and traffic
in ways for which it is not intended. In the best interests of our
Customers and in an effort to maintain the integrity of our service,
the following common sense rules will apply:
4.1.1. Customer's site must use and store
only the information and data that relates to the WebSite, 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 WebSites
that house "sub domain" WebSites on behalf of other
companies, groups or individuals. 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
WebSite to store Web pages, files or data for other IP addresses or
domain names, nor may Customer use its WebSite 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. 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
4.1.5. The storage and distribution of
MP3 format files via the Company network is prohibited.
4.1.6. The Company does not permit sites
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
The Company may take whatever steps
necessary to provide its services, and to provide for the enjoyment
of such services by all of the Company clients, and to ensure that
certain clients do not utilize services to the detriment of other
clients. Customers with WebSites that do not comply with these
simple rules, or who seek to take advantage of the Company unlimited
storage or traffic plan in any other way, will, at the discretion of
the Company , have their sites canceled and/or removed from the
servers and have service charges assessed at the discretion of the
Company .The Company will be the sole and final arbiter as to
WebSites or usages of resources that constitute violation or intent
to violate our policies. Those Customers found in violation of these
policies are subject to a $300.00 service charge for each instance
of violation, exclusive of charges for the bandwidth and/or other
resources utilized. WebSites which the Company must suspend or
cancel due to violation of these rules are not eligible to receive a
refund for unused service, and are subject to charges for bandwidth
and usage of resources at twice the standard rate for such
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
5. TERMS AND TERMINATION
For the purposes of Section 5 of this
agreement, the term "Thirty Day Guarantee Period" shall be
defined as the period extending from the date a Customer signs up
his or her first domain with the Company through the thirtieth (30)
day following the initial signup of the first domain enrolled.
5.1. All cancellations must be received
by the Company a minimum of five (5) days prior to the next billing
date of the domain being cancelled.
5.1.1. If the Customer notifies the
Company less than five (5) days before the next billing date of the
domain being cancelled, the charges incurred as a result of that
renewal will not be refunded.
5.1.2. Cancellations requested within the
Thirty Day Guarantee Period are eligible for a full refund, less
setup fees and add-on-service fees which are non-refundable.
Cancellations requested outside the Thirty Day Guarantee Period are
not eligible for a refund in part or in full.
5.1.3. Cancellation requests will only be
accepted via the Company's toll-free number (800-446-7627). Any
other form of cancellation request is not acceptable. Client will
receive an email evidencing cancellation immediately after
contacting Company's representatives via the toll-free number.
5.2. 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
5.3. By submitting a credit card or ACH
information on the order form, 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, and to be bound to the terms of this
5.4. Customer will not receive a refund
for any setup fees or any fees other than the monthly recurring
Customer will be charged a $35 domain
reactivation fee for each site suspended due to a billing-related
5.6. Customer shall pay the fees and
other charges for Products and Services ordered from Company as
published on the Plan Comparison Chart at time of order. Company
reserves the right to change rates without notice; any changes in
price will take effect upon renewal of the existing hosting account,
immediately for new purchases.
5.6.1. Customer agrees that the Company
reserves the right to change its fees, features, and discount
offerings and the Customer agrees to be bound by any changes of fee,
feature, and/or discount.
5.7. The Company reserves the right to
terminate this agreement, and to delete the WebSite from its
hardware, immediately upon the occurrence of any of the following
5.7.1. Non payment of any charges due
5.7.2. Breach of any term or condition of
this agreement by Customer;
5.7.3. Commencement of any lawsuit or
proceeding against Customer arising from or relating to its use of
the WebSite, whether or not such suit names the Company as a party
or seeks any recovery from the Company.
5.7.4. Payment for any charges is due at
the time of signup and renewal respectively. 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.
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.
6. INDEMNIFICATION OF
PROVIDER/RELATIONSHIP OF PARTIES
6.1. 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 WebSite
6.2. 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 WebSite,
except as necessary to maintain the WebSite.
7.1. Customer agrees to take all steps
reasonable, necessary, and prudent to protect Customer's login ID
7.2. Customer agrees not to attempt to
undermine or cause harm to any server, software, system or customer
of the Company.
7.3. Customer agrees to maintain
Customers' computing equipment responsibly, including running virus
7.4. Uploading a virus to a Company
server will result in account termination, service charges and/or
7.5. 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.
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.
Customer acknowledges that by reason of
their relationship, both the Customer and the Company may have
access to certain products, information and materials relating to
the other part's business, which may include business plans,
customers, software technology, and marketing plans that are
confidential and of substantial value to either party, respectively,
and which value would be impaired if such information were disclosed
to third parties. Consequently, both the Company and the Customer
agree that it will not use in any way for its own account or for the
account of any third part, nor disclose to any third part, any such
information revealed to it by either part, as the case may be.
The Customer and the Company further
agrees that each will take every appropriate precaution to protect
the confidentiality of such information. In the vent of termination
of this agreement, there shall be no use or disclosure by either
party of any such confidential information in its possession, and
all confidential documents shall be returned to the rightful owner,
or destroyed. The provisions of this section shall survive the
termination of the agreement for any reason. Upon any breach or
threatened breach of this section, either party shall be entitled to
injunctive relief, which relief will not be contested by the
Customer or the Company.
10. REFUSAL OF SERVICE
10.1. The Company reserves the right to
refuse or cancel service in its sole discretion with no refunds.
10.2. If any of these Terms of Service
are failed to be followed it will result in grounds for immediate
11.1. USE OF THE COMPANY'S SERVICES AND
PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER THE COMPANY NOR ITS
EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS,
MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, THAT THE COMPANY'S SERVICES AND PRODUCTS WILL NOT BE
INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY'S
SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY
INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE
COMPANY'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS
AGREEMENT. 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
11.2. THE SOLE CUMULATIVE LIABILITY OF
THE COMPANY FOR ALL CLAIMS MADE BY THE 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.
11.3. The Company reserves the right to
revise or change these Terms of Service at any time.
11.4. This Agreement shall be governed in
all respects under the laws of the State of Texas applicable to contracts made,
accepted and performed wholly in
Texas, without application to principles of conflict of laws, and
the 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 Texas