Terms of Service (TOS)
Preamble
Del Rey Host (www.delreyhost.com) values our clients and wishes to provide them with the best possible hosting experience. To offer you the best service possible, you and our other clients need to accept and follow the policies and service agreement set forth below.
These policies and service agreement are intended to permit our service to be provided to all our clients as efficiently and productively as possible. You agree to abide by and accept these policies and service agreement in the course of your bussiness relationship with us (Del Rey Host). Furthermore,by using our services you fully understand our right to refuse or terminate service without further notice any contracted services upon breach of the TOS (Terms and Conditions) or our AUP (Acceptable Use Policy) at http://www.delreyhost.com/index.php/Legal-Information/Acceptable-Use-Policy-AUP.html . Also ,please review our Privacy Policy at http://www.delreyhost.com/index.php/Legal-Information/Privacy-Policy.html
I - Contact Information
You are required to provide us with accurate contact information when setting up your account, during the course of our relationship, and when corresponding with us in relationship with any services provided. On occasion, we may need to communicate with you by e-mail about your account. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information. You can use our online Account Management Center, or by sending us a completed Account Maintenance form by fax in order to keep your contact information current.
II - Unauthorized Use of Your Account by Third Parties or Unauthorized Computers
Any unauthorized use or attempted use of an internet account, server, hosting accounts or computer that hosts your content is prohibited. You agree to keep our password secure from unauthorized third parties. To ensure your security and your clients security, You agree to select and use a strong password to secure the accounts related to any services provided by Del Rey Host. Furthermore you understand that in the case your account and/or services security becomes compromised we may choose to select a more secure password and/or limit your services until any existing security breaches are resolved. You agree to resolve any existing security breaches caused by flaws of any web applications,databases, custom scripts hosted wihin your account in a timely manner.
SERVICE AGREEMENT
III - Payment Policies
Our services are sold on a pre-paid basis at the agreed upon rate at the time of ordering. If you fail to promptly pre-pay, we will terminate your service.
If you provided us with your credit card information and requested automatic billing, you authorize Del Rey Host to automatically charge your credit card at the first of the month for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with our cancellation requirements listed below. You will receive an e-mail confirmation once your credit card has been charged. . If you elect not to use automatic credit card billing you will be charged a processing fee of $3.00 per invoice to recover any billing/handling expenses and/or snail mail postage. Accounts with recurring montlhy dues in excess of 20.00 USD are required to complete our "Internet Services Authorization Form" and return it via Fax at _______________
IV - Processing Fees
You will be charged a $35 processing fee if any check given to us is not honored and paid. If you cause any credit card payment to be reversed there will be a $40 processing fee. In the event you violate any of our above policies and your service is terminated, in addition to all other fees, you will be charged a $100 investigation and research fee. There is a $60 processing fee to reinstate an account closed due to non-payment, this fee does not guarantee the data on the account prior to termination will be retrievable.
V - Service Cancellation
To make a cancellation request, you will need to fill out our cancellation request form online. If this is not possible, you may fax a request to 323 843 9455 or mail a cancellation request to:
Del Rey Host Attn: Account Cancelation Manager 4127 S. Centinela Ave Los Angeles,CA 90066
You must include your Account Domain Name ,Account Password and e-mail account for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone for security reasons.
VI - 30 Day Money Back Guarantee
We provide a 30 day money back guarantee for all shared hosting accounts. If for any reason you request cancellation of such account within 30 days of the initial ordering of your account, you will be given a full refund including your initial setup fee. Please Note: Domain registration and transfer fees are not included with this offer and are not refundable. This offer does not apply to Dedicated Servers, SSL Certificates, or Custom Services.
VII - Service uptime & network connectivity guarantees
Our support team strives to provide every user with an excelent hosting expeience during the course of our business relationship. We offer a 99.5 uptime guarantee for all accounts hosted in our servers. For more details on this guarantee, please visit our "Service Uptime Guarantee" page.
VII - Violations
In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to you at any time. We may, but need not, give you notice of such termination or of a suspected Violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from your web site at any time if we determine in our sole discretion that such content or materials violates our policies or this service agreement. Your pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your Web site violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our computers will be deleted after such termination.
IIX - Terms of Data Transfer (Bandwidth)
If you exceed the data transfer limit of your account you will be notified by Del Rey Host to resolve the situation and be given options for upgrading your account. E-mail warning notices will be sent upon approaching your limit. Once the limit is hit, data transfer will be stopped.
IX - IP Addresses
Depending on the service plan your account is on it will have either a shared or dedicated IP address associated with it. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors including network changes it's not possible to guarantee. You will be given advanced e-mail notification if such a change ever does effect your account and provisions to migrate your account between IP address and/or servers with zero downtime are guaranteed. To minimize the impact of such migrations/changes due to maintenance/improvements of our network the use of domain names instead of IP addresses is advice when referring to any content/database or resource withing your content/web applications.
X - Del Rey Host Account Management Applications
We provide account management web applications for the explicit use of our clients to manage their accounts with our services. Any usage of the applications outside of the management of your account or intended use of the applications to manage your hosted services/resources is prohibited.
We reserve the right to use Open Source Software during the course of our hosting bussiness/services to you.
ALL SOFTWARE APPLICATIONS WE PROVIDE TO YOU ARE "AS IS," AND WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR PERFORMANCE. WE ARE NOT RESPONSIBLE FOR ERRORS, INTERRUPTIONS IN SERVICE, OR LOSS OF DATA AS A RESULT OF YOUR USE OF THESE APPLICATIONS. YOU USE THEM AT YOUR OWN RISK.
All software applications we provide to you may only be used in conjunction with your use of our services. They remain our intellectual property, including documentation and help files, and we may permit others to also use them. Such applications remain protected by copyright laws, other intellectual property laws, and by international treaties. You may not (1) modify or use them with derivative works, including translation or localization or (2) reverse engineering, recompilation, disassembling or make any other attempt to derive the source code for any such application. Upon termination of your account you may no longer use any such applications.
XI - Indemnification
You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our clients, our officers and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to: (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services (5) investigation of any alleged violations of our policies.
XII - Disclaimer
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTIONS OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.
XIIV - Amendments
We reserve the right to revise, add to or modify the above policies or service agreement at any time. We have the right to terminate your account or restrict its use if we believe you have violated or may violate any of our policies. You have the duty to periodically check for any changes to our Terms Of Service (TOS) and Acceptable Use Policy (AUP) at our main site www.delreyhost.com
XIV - Governing Law and Jurisdiction
The validity and effect of our policies and service agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning our policies and/or service agreement must be brought in a California State court located in Los Angeles County, California, and you hereby irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts there from) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
XV - Notices
Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
Del Rey Host (www.delreyhost.com)Attention Accounting Manager 4127 S. Centinela Ave., Los Angeles, California 90066
Facsimile Number: 323 845 9455
XVI - Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
XVII - Cancelation Policies
Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any pre-paid amounts with the exception of accounts meeting requirements of "30 Day Money Back Guarantee" (see below). You are responsible for all fees associated with your account up until the time of making a cancellation request, see complete details below. All payments are to be made in U.S. currency. Domain Registration & SSL certificate fees are non-refundable.
XIIX - Miscellaneous
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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