The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by dhosting.com (“dhosting,” “we,” “us,” or “our”) to you. By purchasing services from us you agree to this TOS.
1. General terms and conditions.
1.1. This TOS, together with your Order, represent the entire agreement related to the Services between Client and dhosting.com Inc.
1.2. TOS regulate all legal relations and define the scope of responsibility between the client and dhosting.com.
1.3. By ordering and registering an account at dhosting.com, you accept the Terms of Service.
1.5. If the services you have ordered are used by other companies, you are fully responsible for the content that they publish through our Services.
1.6. The services we provide are not compatible with U.S. Health Insurance Portability. The customer bears sole responsibility for compliance with all applicable rules regarding the processing of personal data, including confidential and medical data.
1.7. By using our services you consent to the placement of your trademarks (logos) and links to your websites at www.dhosting.com.
1.8. dhosting.com provides services in accordance with the regulations of the United States Department of Commerce, Department of Treasury's Office of Foreign Assets Control. Companies, institutions and natural persons from sanctioned countries cannot buy dhosting.com services.
1.9. As a Customer, you are fully responsible for all content posted, published and downloaded using the purchased service. This responsibility also extends to texts, videos, photos, emails and other files published by users of your websites. By running your pages on our servers, you guarantee that the content and files that are part of them do not violate any legal regulations or rights of third parties.
1.10. Services provided by dhosting.com are not targeted at persons under 13 years of age.
2.1. To use the services provided by dhosting.com, you must pay for the services in accordance with the details provided in the order.
2.2. dhosting.com allows payments for services using major credit card companies and PayPal payments. To make payments using other methods (such as Bank Transfer), please contact us at firstname.lastname@example.org.
2.3. dhosting.com is not responsible for costs related to currency conversion. By choosing to buy our services and paying for them in a different currency than those available on our website, you take responsibility for fees on the part of banks or other operators.
2.4. dhosting.com is not responsible for third party errors (such as payment operators) and losses resulting from this e.g. in the absence of automatic renewal of the service.
2.5. The presented prices for services on the sales service and dhosting.com marketing communication do not include tax. All taxes will be added to invoices as separate items that you must pay.
2.6. All License Fees are payable in advance in the manner set forth in this Terms of Service and are non-refundable, except as may be allowed in limited circumstances. All fees are exclusive of all sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by License. A license shall be responsible for all such charges, costs, and taxes; provided, that, License shall not be responsible for any taxes imposed on, or with respect to, Licensor’s income, revenues, gross receipts, personnel or real or personal property or other assets.
2.7. By ordering services at dhosting.com, you agree to the automatic renewal and ordering of your services using automatic payments such as a credit card. The services will automatically be renewed in accordance with the billing cycle that you have chosen when ordering the service. dhosting.com will notify you at least 7 days before each renewing your service of an upcoming payment to the email address provided by you in the detail sof your customer account.
2.8. If there are problems with securing funds for services they can be blocked or removed dhosting.com is not responsible for content lost or removed due to reactivation or blocking the service. If possible, your services will be unlocked after receiving all the funds included in an order. dhosting.com reserves the right to charge for recovery of data removed due to late payment for services.
2.9. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
2.11. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
2.12. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
2.13. Dynamic Edge® AutoScaling:
2.13.1. As part of the Dynamic Edge® service, you can scale service resources like RAM, CPU, storage.
2.13.2. Funds for additional resources are taken from the AutoScaling Balance for each started hour.
2.13.3. The AutoScaling Balance is topped up using the available payment methods. Each recharge is at least $10.
2.13.4. When you have active AutoScaling of the service and no funds available, dhosting.com can automatically disable the scaling of the service, which means restoring its parameters to the basic state.
2.13.5. In the dPanel, you can set AutoScaling Limits for the use of funds as well as maximum use of parameters such as CPU, RAM, storage.
2.13.6. You will be informed by email about the depletion of AutoScaling resources.
2.14. Refund policy:
2.14.1. dhosting.com offers a 30days moneyback guarantee period. The guarantee is calculated from the moment the services are launched. The moneyback guarantee applies to the Dynamic Edge® service and other hosting services. Due to the incurred and nonrefundable costs of servicing Internet domains or SSL certificates, returns are not acceptable.
2.14.2. To apply for a refund, you must submit a resignation in dPanel.
2.14.3. Refunds and chargebacks are not accepted if the service is blocked due to missing payments or violation of the TOS.
2.14.4. After reception of the chargeback confirmation from the payment provider, dhosting.com can immediately block the service and block the domain transfer.
2.14.5. If you apply for a chargeback for a service provided in dhosting.com by a third party (such as SSL certificates, domains), dhosting.com may charge administrative fees in the amount of costs incurred.
3. Warranties and limitation of liability.
3.1. Services provided by dhosting.com are offered in "as is" model. dhosting.com and its employees make no warranties or implied sales warranties. We do not guarantee that all the possible combinations of systems used by a customer will operate on the basis of our services uninterrupted, completely secure, error-free. Employees and websites related to dhosting.com are not authorized to guarantee that at our name.
3.2. Any claims to dhosting.com through you or those working on your behalf will be limited to 6 months payments calculated from the time of an event.
3.3. If the applicable law specifies different limitation of liability, dhosting.com's liability is limited to the amount set forth in a specific legal jurisdiction.
3.4. Any claims preceded by a violation of the TOS will be void.
3.5. If third parties claims against dhosting.com due to damages suffered by you or users of the sites you agree to pay the costs incurred by dhosting.com as long as they are reasonable. This particularly applies to the costs of lawyers and administrative costs. Any side intending to claim against dhosting.com should seek agreement first by sending a notification to Legal Department at email@example.com.
4. Dynamic Edge®.
4.1. General rules:
4.1.1. Dynamic Edge® is a flexible hosting service that allows to automatically increase and decrease parameters such as CPU, RAM, storage depending on the needs of the client.
4.1.2. The Dynamic Edge® service is available for a free trial period, the length of which is specified on the dhosting.com.
4.1.3. By enabling the AutoScaling functionality in the dPanel, the Dynamic Edge® service will automatically adjust parameters to the needs of your websites or scripts.
4.1.4. AutoScaling of the service is performed appropriately for the given parameter:
- CPU every 1 GHz
- RAM every 1 GB
- Storage every 1 GB
4.1.5. Upgrade and downgrade services resource does not require restarting the service.
4.1.6. The service is backed up daily. Backup of the web space and MySQL is kept up to 3 days. Backup of email is kept only from the previous day.
4.1.7. dhosting.com reserves the right to charge for restoring a backup.
4.1.8. In order to make a backup, you grant us an inalienable license to process the data entrusted to us on servers other than those from which we provide a hosting service.
4.1.9. As a customer, you declare that you will perform an additional backup on your own.
4.1.10. If the services are unpaid, dhosting.com reserves the right to immediately block the service.
4.2.1. Dynamic Edge® powered by dhosting.com is a service provided by world leading experts inits industry.
4.2.2. dhosting.com guarantees service uptime at 99.9% on a scale of one calendar year.
4.2.3. In the case of an uptime decrease below 99.9%, the customer may demand compensation in the form of 3 days service for free for each started hour.
4.2.4. Compensation is referenced and is limited to 12 months back.
4.2.5. To guaranteed uptime are not included:
- Scheduled and urgent modernization works caused for example by the discovery of new security bugs.
- DDoS attacks, hacker attacks.
- Downtimes caused by the use of the maximum resources of the service.
- Downtimes generated by your websites or third parties cooperating with you.
- Downtimes caused by maintenance performed by our support and necessary to handle your requests.
- Downtimes caused by force majeure.
- Website migration services.
4.3. Website migration services:
4.3.1. To perform data migration, it is necessary to share access to the hosting account located at the previous service provider and to precisely indicate the list of websites, directories with files and email addresses to be transferred.
4.3.2. As a customer, you declare that dhosting.com is not responsible for possible incompatibilities and interruptions caused by the nonadaptation of your applications to functioning on our servers.
4.3.3. dhosting.com has the right to refuse website migration in case of risk of infrastructure threat.
4.3.4. dhosting.com has the right to require payment for the website migration if the amount of data or the amount of work necessary to carry out the migration successfully goes beyond reasonable norms.
4.4. Fair usage policy:
4.4.1. You guarantee that you will not use our services to attack our infrastructure and other servers on the Internet.
4.4.2. The unlimited transfer refers only to the use of websites and does not concern the streaming of movies and services like videos or photos hosting.
4.4.3. In case of using dhosting.com services in a manner inconsistent with the purpose (which is maintaining websites), dhosting.com reserves the right to charge administrative fees.
4.4.4. Technical parameters of dhosting.com services are described on dhosting.com.
4.4.5. The service can not be used to send SPAM, perform phishing, flooding, spoofing, scanning, brute-forcing, using exploits and botnets, storaging files using the torrent protocol and mining cryptocurrencies. In case of violation of this rule, your services will be immediately blocked.
4.4.6. By posting content on your website, you declare that you have all the rights and licenses required to possess or distribute it.
4.4.7. Content posted on your websites must be legal in the United States of America.
4.4.8. dhosting.com prohibits storage on its servers: child pornography, a website promoting illegal activities, gambling websites.
5.1. By registering your domain at dhosting.com, you accept the terms of our partner through which we provide the service. The partner's regulations can be found at: https://www.ascio.com/ascioregistrationagreement.
5.2. By registering your domain, you agree to transfer your personal details to the domain registrar responsible for registering your domain and you accept the provisions of its Terms of Service.
5.3. dhosting.com is not responsible for the refusal of domain registration by the domain registry.
5.4. By registering your domain, you guarantee that the data provided in the dPanel is completely correct.
5.5. dhosting.com does not guarantee Internet domain registration. In the case of domains, the first come first served rule applies which is why there is a possibility that another user may register the domain first
5.6. If you are late with the payment for the domain late fees may be added.
5.7. You agree to the ICANN domain transfer policy available at http://www.icann.org/transfers.
5.8. By registering a particular domain name you guarantee that you do not break copyrights of any company or person.
5.9. Your data as a registrant of a domain name is available through whois search engine.
5.10. dhosting.com provides the whois protection service, which price and availability are described at www.dhosting.com/domains.
5.11. Domain expiration:
5.11.1. dhosting.com will inform you by email about your domain expiration.
5.11.2. If the payment date for the domain is exceeded, it will not be renewed and will not be available on the Internet.
5.11.3. After the gTLD domain expires, you have 30 days to renew it with a grace period.
5.11.4. After 45 days, the domain enters redemption grace period and its renewal requires an additional fee which is defined on the sales page dhosting.com.
5.12. The use of online domains registered in dhosting.com for illegal purposes is forbidden.
5.13. The current price list of registration, transfers, renewals, transfer of ownership is available at www.dhosting.com/domains . Some domain extensions require additional verification which will be carried out via email.
5.14. dhosting.com concluding a contract with you does not verify whether you have the right to register the domain, therefore it is not subject to potential claims from third parties.
5.15. dhosting.com makes every effort to verify the possibility of performing operations like domain transfer and transfer of ownership.
6. Affiliate program
6.1. By recommending dhosting.com you declare that you will use fully legal and ethical ways to recommend our services.
6.2. dhosting.com reserves the right to suspend cooperation at any time when it believes that affiliate activities act to its detriment.
6.3. By recommending our services you can use our name, the name of our product, our graphic signs. When creating your own materials you must make every effort to make them look neat and in accordance with good standards.
6.4. Cookies are stored for 90 days after redirecting the user to our site.
6.5. dhosting.com prohibits any forms of communication aimed at impersonating our brand.
6.6. The terms of the first and each other commissions are described at www.dhosting.com.
6.7. Commissions are paid once a month using a bank transfer or PayPal in USD currency.
6.8. Because the commission is your income, you are responsible for all taxes, fees, exchange rates.
6.9. The minimum value of the commission to be paid is $50.
6.10. The commission will be reduced if we verify the account as a fraud or if the recommended customer performs a chargeback or refund.
7. TOS Changes.
7.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7.2. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
8.1. You agree to defend, indemnify and hold harmless dhosting.com, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.