Section 1: Agreement
To Rules
By
submitting an order form for any web site, e-mail account,
domain hosting, database hosting, dedicated server
hosting, publications, video productions, or any other
services with Dreamway Designs, the client
agrees to all rules, regulations, and statements made
in this Usage Agreement along with their consequences.
Section 2: Client
Responsibility
The
client alone is responsible for the content of their
web site and e-mail messages.
Section 3: Unsolicited E-Mail
No unsolicited
e-mailing practices shall be tolerated. This is to
include any practices ascribed to the client, which may
or may not involve a Dreamway Designs web site hosting,
e-mail account, domain hosting account, database account
or dedicated server. This is to include any mass
unsolicited e-mailing through the e-mail server of
Dreamway Designs or any customer's dedicated server or
e-mail account. Upon reviewing any reports received by
Dreamway Designs regarding the client's unsolicited
e-mailing practices, Dreamway Designs reserves the right to terminate the client's web
site hosting, e-mail account, domain hosting account,
database hosting account and/or dedicated server within
24 hours of notification of the client without refund
of web site hosting, e-mail account or dedicated server
fees which the client may have paid in advance.
Section 4: Illegal
Materials
No use of a client's
Dreamway Designs web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server to promote, sell, trade, or give away
the use of the following materials or information shall
be tolerated: illegal material or information, stolen
material or information, violation of trademarks,
pirated material or information. Upon
reviewing any reports received by Dreamway Designs
regarding the client's use of their Dreamway Designs web
site hosting, e-mail account, domain hosting account,
database hosting account or dedicated server accounts in
any of the above practices regarding the addressed
(above) material or information, Dreamway Designs reserves
the right to terminate the client's web site hosting,
e-mail account, domain hosting account, database hosting
account or dedicated server account within 24 hours
of notification of the client without refund of web
site hosting, e-mail account, domain hosting account,
database hosting account or dedicated server account
fees which the client may have paid in advance.
Section 5: Explicit
Content
No use of a client's
Dreamway Designs web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server account to promote material of a
sexually explicit or illegal nature shall be tolerated.
Let it be known that offensive material falling under
the category of "sexually explicit or illegal nature"
shall include, but not be limited to the following:
any nude pictures of a human being used to exploit,
advertise, or sell any product or service; any
sort of child pornography, or attempt to display a child
in a sexually suggestive manner; any written
material describing and/or promoting any sexually
explicit, harsh, or abusive acts; any written material
which is excessively profane and sexually explicit.
Let it be known that at any time Dreamway Designs
reserves the right to judge any material that it deems
of an inappropriate adult or sexual nature intolerable
for a Dreamway Designs web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server account, thus causing said material to
be included under this category of "sexually explicit or
illegal nature". Upon reviewing any reports
received by Dreamway Designs regarding the client's use
of their Dreamway Designs web site hosting, e-mail
account, domain hosting account, database hosting
account or dedicated server accounts in any of the
above practices regarding the addressed material
of a "sexually explicit or illegal nature", Dreamway
Designs reserves the right to terminate the client's
web site hosting, e-mail account, domain hosting account,
database hosting account or dedicated server account
within 24 hours of notification of the client without
refund of web site hosting, e-mail account, domain hosting
account, database hosting account or dedicated server
account fees which the client may have paid in advance.
Section 6: Racial/Religious
Content
No use of a client's
Dreamway Designs web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server account to promote unlawful
discrimination against or hatred of any particular race,
any particular nationality, or any particular religion
shall not be tolerated. Let it be known that at
any time Dreamway Designs reserves the right to judge
any material to fall into the above categories, making
it unacceptable for a client's Dreamway Designs web site
hosting, e-mail account, domain hosting account,
database hosting account or dedicated server account.
Upon reviewing any reports received by Dreamway Designs
regarding the client's use of their Dreamway Designs web
site hosting, e-mail account, domain hosting account,
database hosting account or dedicated server accounts in
any of the above practices of promoting unlawful
discrimination or hatred of any particular race - any
particular nationality - or any particular religion,
Dreamway Designs reserves the right to terminate
the client's web site hosting, e-mail account, domain
hosting account, database hosting account or dedicated
server account within 24 hours of notification of the
client without refund of web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server account fees which the client may have
paid in advance.
Section 7: Excessive
Traffic
Dreamway Designs 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 Dreamway
Designs view are detrimental to the enjoyment of
Dreamway Designs services by Dreamway Design's other
clients, or are in the sole and final judgment of the
Host, detrimental to network or business operations, or
exceed the account's designated monthly allowed
bandwidth usage. File download and system resource
restrictions do not apply to dedicated servers; however,
those servers that exceed their specified monthly
traffic and bandwidth limits are subject to an extra
monthly fee of $2 per each gigabyte of traffic exceeding
their monthly limits and/or restrictions placed on their
account by Dreamway Designs, at the sole discretion of
Dreamway Designs.
Section 8: Illegal Account Usage
No use of a client's
Dreamway Designs web site hosting, e-mail account,
domain hosting account, database hosting account or
dedicated server account shall be used for illegal
activities, such as, but not limited to: denial of
service attacks, port scanning, flooding of services on
other servers, and flooding of services on Dreamway
Designs servers. Other attacks not mentioned are also
not tolerated, to be decided at the discretion of
Dreamway Designs personnel. Dreamway Designs reserves the right to immediately deactivate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.
Section 9: Final Decision
Dreamway Designs will
be the sole and final arbiter as to website accounts,
e-mail accounts, domain hosting accounts, database
hosting accounts, dedicated server accounts or usages of
resources that constitute violation or intent to violate
our policies. Those users found in violation of these
policies are subject to removal for any instance of
violation. Accounts which Dreamway Designs must suspend
or cancel due to violation of these rules are not eligible
to receive a refund under our 30 money back guarantee.
Acceptance of these Policies constitutes an acceptance
of any fines or penalties which might arise out of violation
of these policies.
Section 10: Rule Compliance
Users with website
accounts, e-mail accounts, domain hosting accounts,
database hosting accounts, dedicated server accounts
that do not comply with these simple rules, or who seek
to take advantage of our unlimited traffic plan in any
other way, will, at the discretion of Dreamway Designs,
have their sites canceled and/or removed from the
servers and penalty fees assessed at the discretion of
Dreamway Designs.
Section 11: Right
To Judgment
Dreamway Designs
reserves the right to make the judgment call on behalf
our other Dreamway Designs clients who expect us to
maintain our servers at maximum efficiency. We believe
this is common sense. If you have any questions about
it, please contact us.
Section 12: Monthly
Payments
Payment is due on the
customer's monthly billing date. Monthly calculations
are designated to the 1st of each month; customers who
activate on any date other than the 1st of the month
will be pro-rated to move their billing date. Monthly
charges are deducted at Dreamway Designs' discretion,
and may be done to 25 days before or 45 days after the
billing date to allow verification of funds, but are
still due promptly on the customer's billing date. If
payment is not promptly received or is declined, the
account will be suspended until the payment is made.
Failure to make payment by the end of the month in which
the payment was declined will result disconnection of
the customer's account permanently. For all those who
are declined more than once, a re-connection fee of $10
applies, when trying to re-activate your account.
Should a customer have 3 instances of failed payment in
a 6 month period, pre-payment will be required at
Dreamway Designs' discretion to keep the
account open. Hosting fees are eligible for refund within
the first 30 days of account sign up. All setup
fees are non-refundable.
Section 13: Prepaid
Payments
In
the case of pre-payment for an account for any term,
the customer is in a service contract for that term
of service. Pre-paid monies are refundable for
the first 30 days after account activation as per our
30 day money back guarantee. All setup fees are
non-refundable. Payment is due upon expiration
of the original contract (or if the date does not appear
on the next calendar year, the day before). If
the customer would like to change their billing method
to month to month, they may do so after the end of their
contract.
Section 14: Server
Payments
All
set-up and installation fees for dedicated servers are
non-refundable. The initial monthly hosting fees
for dedicated servers are refundable within the first
30 days of service. Subsequent hosting fees are
non-refundable.
Section 15: Server
Agreement
Dedicated servers hosted with Dreamway Designs are
non-relocatable. Following the cancellation
and/or termination of the dedicated server hosting
agreement with Dreamway Designs, the server in question
remains the property of Dreamway Designs, and can be used in
any way and for any means deemed by Dreamway Designs.
Section 16: Credit
Card Chargebacks
Invalid chargebacks
made to any Dreamway Designs will result in immediate account
termination without notice. The account will then
be turned over to a collection agency.