These terms of service apply to internet hosting services provided by Dallas Website Design.
Use of Dallas Website Design’s services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them.
Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions Dallas Website Design reserves the right to terminate the offending account without notice or refund.
Finance and Billing
- Payment for all Dallas Website Design services are required in advance of the commencement of that service.
- Payments will be for a 1, 12, 24 or 36 month contract period. The length of the contract period is chosen by the customer when signing up for an account.
- If the customer chooses a 1 month contract period then the contract will automatically renew for an additional 1 month period at the end of every month indefinitely until cancelled.
- Payments must be made through either Dallas Website Design’s payment provider. Dallas Website Design reserves the right to change payment providers at any time.
- PayPal provides payment services to Dallas Website Design for customers paying via credit or debit cards or via the PayPal system.
- Notifications of payment will be sent by the payment provider. The delivery (or otherwise) of this notification is outside of the control of Dallas Website Design.
- Dallas Website Design reserves the right to change prices at any time.
Cancellation and Refunds for Shared Hosting Accounts
- Customers may cancel their accounts any time.
Cancellation and Refunds for Dedicated Servers
- Customers may cancel their accounts at any time.
- Customers will receive a refund for any unused portion of their initial payment (apart from the current month).
- Set-up fees are non-refundable.
- Dallas Website Design reserves the right to suspend or cancel an account at any time, without notice and for any reason.
- Dallas Website Design reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.
- Non-payment of service will result in a notification on non-payment being sent to the administrative email address for the account.
- If payment has not been received within 45 days of it being due the customer’s account will be cancelled.
- Once an account is cancelled, Dallas Website Design is not responsible for the integrity of data associated with that account.
Customers are required to keep their contact details up to date and to include at least one email address which is not hosted by Dallas Website Design.
Dallas Website Design is not responsible for any problems caused by out of date or inaccessible contact details.
Customers may not use Dallas Website Design’s servers for any purpose which violates international law or any of the laws of the United States of America, Texas, or the Client’s locality.
Warranties and Limited Liability
Dallas Website Design services are provided “as is” and customer’s use of these services is at their sole risk. Dallas Website Design hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Dallas Website Design be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in any way out of the use of our services.
The customer agrees that it shall defend, indemnify, save and hold harmless Dallas Website Design, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney’s fees) that may arise or result from:
- Any service provided or performed or agreed to be performed by a customer.
- Any product sold or otherwise distributed by a customer.
- Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation).
- Inaccuracy of any information provided by the customer including, but not limited to, libel and false advertising.
- Any customer’s use of the Dallas Website Design service in an unlawful manner or in a manner which is in violation of Dallas Website Design’s Terms of Service or Acceptable Use Policies.
We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
We shall take reasonable measures to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.
We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.
You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.
You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.
The email facilities we provide are intended to allow you to provide a professional presence for you or your customer’s domains, they are not to be used to provide a general purpose email service like Hotmail, or for the sending of bulk email of more than 500 messages a day on average through our SMTP servers without prior arrangement.
- Dallas Website Design reserves the right to revise its policies at any time.
- If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these Terms and Conditions and Acceptable Use Policies.