Terms of Service
This Services Agreement (the Agreement) contains the complete terms and conditions which govern your subscription of Web hosting, Web Design, Ecommerce and other Internet-related services provided by Design Hosting, Inc. (the Services). As used in this Agreement, Design Hosting, Inc. means Design Hosting, Inc./designhosting.biz and Client, you, or your means you. By clicking on the Submit Order button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all Terms & Conditions posted on the designhosting.biz site. As referred to in this Agreement, Site refers to a World Wide website and Design Hosting, Inc. Site refers to the Site located at the URL
http://www.designhosting.biz, or any other successor Sites owned or maintained by Design Hosting, Inc.
Design Hosting, Inc. provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Bandwidth
Client may use only the amount of network bandwidth on the Design Hosting, Inc. Servers that is allotted by their hosting option. If it is found that a customer is very close to their bandwidth allotment the customer will be notified to upgrade to the next option for hosting. Please be aware that monies for server upgrades must be in our office before the upgrade will take place. If monies are not received for bandwidth overage after notification your site will be suspended until paid.
Back-up Files
Client will have the ability to reinstate files which are automatically archived by Design Hosting, Inc.; however, Design Hosting, Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client's Control Panel or your FTP program.
Domain Names
If Client chooses to register a domain name(s) through Design Hosting, Inc., Client acknowledges and agrees that Client will pay a registration fee(s) to Design Hosting, Inc. to register the domain name(s) with the applicable domain name registrar. Although this domain registration is paid for by the Client to Design Hosting, Inc., Design Hosting, Inc. has the right to retain the domain and not release it to the Client if there is an outstanding balance of monies due on Client's account at the time of termination.
All domain registration fees must be paid in full before domain will be purchased.
Design Hosting, Inc. does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. If Client prefers, they can register their own domain at whichever registrar of their choosing.
SSL Certificates
SSL Certificates/Trust Logos that are purchased under the auspices of the Design Hosting, Inc. Company Web Host Program are valid as long as client is hosting with Design Hosting, Inc. as these certificates are verified by hosting with Design Hosting, Inc. If hosting service is terminated the ssl certificate will be revoked. There are no refunds.
Payment Obligations Schedule
Payment for Hosting
BILL PAY WITH ONLINE BANKING (PREFERRED)
Please setup recurring payments according to your hosting option and send payments to:
Design Hosting, Inc.
1605 Dechard Street
Van Buren, Arkansas 72956
CHECKS/MONEY ORDER
If paying by check/money order for your new server, the check/money order must be received in our office before the hosting account will be setup.
Please make payable to:
Design Hosting, Inc.Address your checks to:
Melinda Odom
1605 Dechard Street
Van Buren, Arkansas 72956
Payment for Web Design
50% web development due before web development begins plus the hosting setup & web hosting fees
50% web development balance due upon site completion plus any additional hours
After the web design service is completed and payment has not been received within 10 days of the invoice or after the customer cancels the service during development with a balance owing, the site will be suspended and there will be a $25 per month charge for non-payment until the matter is settled in court.
Payment for Ecommerce Setup
50% ecommerce development due before ecommerce development begins plus the hosting setup & web hosting fees
50% ecommerce development balance due upon ecommerce completion plus any additional hours
Time frame to finish your ecommerce store is 2-3 weeks contingent upon all text materials, graphics, etc. being made available to Design Hosting, Inc. by the Client.
Web Design/Ecommerce Services
Client understands that the performance of Design Hosting, Inc. is dependent upon timely submittal of information necessary for Design Hosting, Inc. to perform contracted work. Client shall provide Design Hosting, Inc. with information, including but not limited to: written content & photos within 10 days of contract execution. Client shall not provide any information that is copyrighted or trademarked in which Client does not hold the copyright or trademark to and/or does not have written permission to use. Client shall provide Design Hosting, Inc. with such written permission upon request. In the event that Client does not provide the required information within the time specified herein, Design Hosting, Inc. may terminate this Agreement with ten (10) days written notice to the Client.
Released Files
At the termination of this contract, any information, website, or domains that Client has provided or purchased from Design Hosting, Inc. will be released to Client if Client does not have a balance of monies due on his account. If Client has a balance owing on his account then any Client information, materials, domains, etc. will not be released until payment is secured. As soon as payment is secured for all monies due, all information, materials, domains, etc. of said Client shall be released and files sent to said Client.
Suspensions for Web Development/Ecommerce
Any non-payment of web design or ecommerce additional work that has been billed at $50 per hour & approved by client to perform will be suspended after 10 days. If, after 30 days from the time of suspension, the web development/ecommerce additional work payment has not been made the website/ecommerce site in question will become the total property of Design Hosting, Inc, and, as such, can be sold or removed from Design Hosting, Inc. servers. This applies to any ecommerce files, images, databases, customer databases, or any other files to do with the account.
Termination & Cancellation
1. Client has a 5 day grace period from the due date which is the first day of each month of their billing cycle to pay hosting fees in full. On the 6th day the site will be suspended and late penalties will be charged in the amount of $25. After the 5th day from the due date if payment is not received, the site will be suspended and late penalties will be charged in the amount of $25. Payment must be in full for the total amount of arrears plus the late fee of $25 to have the site reinstated. If, at the end of 30 days, the hosting payment is not received the website in question will be terminated and all files will be removed from our servers.
2. The filing by Client of a voluntary petition in bankruptcy, the institution of proceedings in bankruptcy against Client and the adjudication of Client as bankrupt pursuant to such proceedings, or the taking by a court of jurisdiction of Client and its assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act.
3. Client threatens or abuses Design Hosting, Inc. through emails, phone, fax, or any other type of communication.
Notice
All Cancellation requests must be received Five (5) days prior to the cancellation effective date (end of current cycle date). Hosting agreements are terminated if one of the following takes place:
1. send an email to info@designhosting.biz to cancel services
2. ask for a dns change or change your dns at the registry
All server cancellations are terminated on the day an email is received or a change in dns. There are no refunds for monthly, quarterly, semi-annual, or annual hosting upon termination.
If you terminate this Agreement you, the client, are responsible for having all data backed up including, but not limited to, file page, graphics, & databases to your website. Design Hosting, Inc. will not be liable for any lost data.
Termination of this Agreement or termination of services shall not affect the provisions under WEB DESIGN/HOSTING SERVICES, which shall survive any termination. In the event that this Agreement is terminated by Design Hosting, Inc. upon the occurrence of any of the events specified above, Client shall immediately remit payment to the Design Hosting, Inc. for the balance of this Agreement. Failure of the Design Hosting, Inc. to declare this Agreement terminated upon the default of Client for any of the reasons set out above shall not operate to bar or destroy the right of the Design Hosting, Inc. to cancel this Agreement by reason of any subsequent violation of the terms of this Agreement.
Acceptable Use
Design Hosting, Inc. provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. However, certain activities are prohibited or restricted by Design Hosting, Inc. For details, please read our Acceptable Use Policy, as use of our services constitutes acceptance of this policy.
Legal
Relationship of Parties
Design Hosting, Inc. is an independent Design Hosting, Inc. of the Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon the Client' sole discretion to terminate this Agreement at any time without cause. Design Hosting, Inc. further agrees to be responsible for all of Design Hosting, Inc's federal and state taxes, withholding, social security, insurance, and other benefits.
Terms
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services to which you have subscribed either by the order form or verbal registration with a deposit.
Client Liability and Indemnification
Client agrees to indemnify, defend, and hold the Design Hosting, Inc. and its successors, officers, directors, agents and employees harmless from and against any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Client. Client and Design Hosting, Inc. will give each other prompt and reasonable notice of any claim made or actions instituted which in any way directly or indirectly affects or may affect each other, and each party shall have the right to investigate, compromise, and defend the same to the extend of its own interests. The Design Hosting, Inc. shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of Design Hosting, Inc's' selection without relieving Client of any obligations hereunder. Any final judgment rendered against the Design Hosting, Inc. for any cause for which Client is liable hereunder shall be conclusive against Client as to liability and amount. Client's obligations herein shall survive any termination of this Agreement.
Customer shall pay to Design Hosting, Inc. all expenses incurred by Design Hosting, Inc. in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Client, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Design Hosting, Inc's
In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney’s fees.
Client Content
Client agrees that it will not distribute, electronically transmit, or display any materials to or from the Design Hosting, Inc. server which:
1. Violate any state, federal, or international laws or regulations
2. Infringe on any intellectual property rights (e.g. copyright, trademark, patent, or other proprietary rights) of Design Hosting, Inc. or any third party;
3. Are defamatory, slanderous or libelous;
4. Are threatening or harassing;
5. Are discriminatory based on gender, race, or age;
6. Promote hate or violence;
7. Violates any Design Hosting, Inc. policy posted on the Design Hosting, Inc. site including, but not limited to those listed in our Terms of service (TOS);
8. Contain viruses or other computer programming defects which result in damage to Design Hosting, Inc. or any third party; or
9. Are considered spam
DISCLAIMER OF WARRANTY ON SERVICES
The Design Hosting, Inc. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Design Hosting, Inc. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Design Hosting, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Design Hosting, Inc. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL Design Hosting, Inc. (designhosting.biz) BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Design Hosting, Inc. SITE OR ANY Design Hosting, Inc. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Design Hosting, Inc. CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).
THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE MATERIAL TO THIS AGREEMENT.
Miscellaneous
Severability
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provisions or portions thereof shall be deemed omitted.
Integration
This Agreement, including the Exhibits, attachments, and/or any addenda, represents the entire agreement of the parties with respect of the subject matter hereof and supercedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties. No obligations beyond those set forth in this Agreement shall be assumed.
Notices
Notices to Design Hosting, Inc. provided for herein shall be hand delivered or sent by mail, postage prepaid, addressed to:
Melinda Odom
Design Hosting, Inc.
1605 Dechard Street
Van Buren, Arkansas 72956
479-471-0891
info@designhosting.biz
Disputes
Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in state or federal court in Arkansas. Each party: submits to the jurisdiction of such court; waives the defense of an inconvenient forum; agrees that valid consent to service may be made by mailing or delivery of such service to the Arkansas Secretary of State (the Agent) or to the party at the party's last known address, if personal service delivery can not be easily effected; and authorizes and directs the Agent to accept such service in the event that personal service delivery can not easily be effected. Each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Design Hosting, Inc. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules.
Policy Changes
This Agreement and Design Hosting, Inc. Terms of Service (TOS) are subject to change by Design Hosting, Inc. without notice. Continued usage of the Services after a change to this Agreement by Design Hosting, Inc. or after a new policy is implemented and posted on the Design Hosting, Inc./designhosting.biz site constitutes your acceptance of such change or policy.
Acceptable Use
As a provider of web site hosting, and other Internet services, Design Hosting, Inc. offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. Design Hosting, Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Design Hosting, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Design Hosting, Inc. has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing the Design Hosting, Inc. services. This AUP will be revised from time to time. A customer's use of the Design Hosting, Inc. web site, www.designhosting.biz, after changes to the AUP are posted will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
Your privacy is very important to us!
Design Hosting, Inc. values your privacy. We will not share personal information on clients or visitors to our web site nor place cookies on your computer. We have log files that do contain statistics on the number of page views and referring sites. This allows us to concentrate our efforts on advertising and search engine listings. This information is not shared with outside parties. Design Hosting, Inc. will send out notices of server upgrades or updates. Other than this emailing, we do not send out bulk email, and will NOT make your name or email address available to others. Please contact us if you have any questions.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others. When information is disseminated through the Internet, they also must keep in mind that Design Hosting, Inc. does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the Design Hosting, Inc. network and may reach a large number of people, including both clients and non-clients of Design Hosting, Inc., clients' postings to the Internet may affect other clients and may harm goodwill, business reputation, and operations of Design Hosting, Inc.
For these reasons, clients and their customers, affiliates, or subsidiaries engage in the following prohibited activities constitutes a violation of the Design Hosting, Inc. Acceptable Use Policy (AUP).
| UCE / Spam Banned Scripts |
Harmful Community Content Copyright Infringement |
Resource Usage Abuse Misc. & Other Activities |
UCE/Spam
The abuse and misuse of email is a serious problem, and Design Hosting, Inc. will not tolerate it.
Definition of UCE
Repercussions of spam
Consequences/Penalties for Spamming
Basic Mailing List Management Principles
Definition of UCE (Unsolicited Commercial email), or SPAM
1. The bulk UCE, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to designhosting.biz or any URL (domain) that is hosted by designhosting.biz.
2. Unsolicited postings to newsgroups advertising any IP or URL hosted by designhosting.biz.
3. The use of web pages set up on ISP's that allow SPAM-ing (also known as ghost sites) that directly or indirectly reference customers to domains or IP addresses hosted by designhosting.biz.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
5. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) web site
Repercussions of SPAM
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.
SPAM is not only harmful because of its negative impact on consumer attitudes toward Design Hosting, Inc., but also because it can overload our server resources.
Consequences/ Penalties for Spamming
Design Hosting, Inc. reserves the right to terminate, without warning, any account that violates this policy. Usage of designhosting.biz services constitutes acceptance and understanding of this policy.
Design Hosting, Inc. may, at its option, charge $100.00 per SPAM complaint we receive from our servers. These are non-refundable charges and will be invoiced at the time of complaint notification.
Design Hosting, Inc. reserves the right to decide what it considers SPAM, UCE, mail bombing, or bulk email, and to determine from all of the evidence whether or not the email recipients were from an opt-in email list.
Should you choose to email from the Design Hosting, Inc. servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing email abuse.
Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to email. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.
1. The email addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an email message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an out of band procedure (e.g., a means of contact by which messages may be sent for further correspondence via email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a suppression list of email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring opt-in lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.
*This SPAM (UCE) Accepted Use Policy and all other Design Hosting, Inc. Terms & Conditions are subject to change by Design Hosting, Inc. without notice. Continued usage of the services after a change to this policy is implemented and posted on the Design Hosting, Inc., www.designhosting.biz, web site constitutes your acceptance of such change or policy. We encourage you to regularly check our Terms & Conditions for further information.
Harmful Community Content
What does Design Hosting, Inc. considers "Harmful Community Content"?
Any and all adult content
1. Any adult site whose revenue is gained in part or whole from its adult content.
2. Photos or videos showing nudity on either men or women.
3. Hyperlinks to adult sites, including but not limited to sites who violate these policies.
4. Sites that sell or promote 'adult' material, including but not limited to adult toys.
5. Sites that advertise, promote, or have discussion boards that share any information promoting information that is 'adult' in nature.
6. Sites that promote hate against the United States of America in any form whatsoever.
7. Any and all sites or ecommerce stores advertising or selling any witchcraft objects, necromancy objects, or sites that have to do with any and all occult practices.
8. Any sites promoting hate speech or hate crimes.
Design Hosting, Inc. reserves the right to decide what it considers Harmful Community Content before we will allow hosting on our servers. Any sites wanting to transfer over to Design Hosting, Inc. servers for hosting will be reviewed for content before accepting as a hosting customer.
Please email info@designhosting.biz for review of your content and/or site.
Resource Usage Abuse
What does Design Hosting, Inc. consider "System Resource ABUSE"?
Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Design Hosting is the sole determinant of what constitutes degraded server performance.
Why does Design Hosting, Inc. have this policy?
What happens if I violate this policy?
Server Speed and Fairness to others. Each client is sharing space on our dedicated server. As such, there are many accounts per machine. In all fairness, Design Hosting, Inc. cannot allow one or two clients to use all of the System resources and have all other clients on the machine suffer because of it. Excessive usage by one or more clients causes extreme slowness in all areas: FTP, SSH, web sites and more. If the CPU, disk I/O and/or memory usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.
Examples include, but are not limited to:
1. Flat File Database Driven Forums
2. Background Running Processes
3. Mailing Lists
4. Exploitable Scripts
Flat File Database Driven Forums
Due to their use of flat files instead of databases, Design Hosting does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. Design Hosting suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.
Background Running Processes
Background Daemons in general are prohibited on Design Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Mailing Lists
We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of emails off of a given server at any one time can impact the performance of the server.
Exploitable Scripts
Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts page.
What happens if I violate this policy?
All accounts that are found to be using excessive amounts of system resources will receive an email warning from Design Hosting, Inc. This warning will inform you that the site is using excessive system resources. Design Hosting, Inc. will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may have no other option but to suspend the account immediately to bring performance of the server back to an acceptable level. However, advance notice will be given if at all possible.
Banned Scripts
Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.
Consequently, in order to keep our servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers. Whenever possible, we will notify our customers in advance. We will also attempt to keep this page updated with current scripts which will require removal from our servers.
This list includes script/program names, reason for ban, and provide alternative options for our customers whenever possible.
Banned Scripts and Alternatives
Script or Program |
Version/Type |
Reason |
Alternate Options |
| Matt Wright's | formmail 1.91 and previous | Exploitable to send UCE/spam | nms-cgi formmail replacement |
| YABB (Yet Another Bulletin Board) | all text versions | Resource intensive | YaBBSE |
| yappa-ng (Album Board) | all versions | Exploitable to send UCE/spam | phpBB |
| UBB (Ultimate Bulletin Board) | all versions | Resource intensive | |
| "Jack's" formmail.php | all versions | Exploitable to send UCE/spam | Phorm |
| phpformmail classic | v1.03.0 and previous | Exploitable to send UCE/spam | Phorm |
Copyright Infringement / Intellectual Property
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Design Hosting, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also the policy of Design Hosting, Inc. to terminate the privileges of customers who commit repeat violations of copyright laws.
Reference: Digital Millennium Copyright Act (DMCA) :
http://www.copyright.gov/legislation/hr2281.pdf
DMCA Notices can be sent to:
DCMA Notices
Design Hosting, Inc.
1605 Dechard Street
Van Buren, Arkansas 72956
email: abuse@designhosting.biz
Miscellaneous and Other Activities
Other specific activities that are against our Acceptable Use Policy include the following:
Defamatory or Abusive Language
Facilitating a Violation of our TOS
Other activities Design Hosting, Inc. determines to be harmful
Defamatory or Abusive Language
Using Design Hosting, Inc. servers as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.
Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.
Facilitating a Violation of our TOS
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Other activities Design Hosting, Inc. determines to be Harmful
Engaging in activities, whether lawful or unlawful, that Design Hosting, Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Design Hosting, Inc. will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Design Hosting, Inc. policy or applicable law. When Design Hosting, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, denying access to the Internet, or take any other action it deems appropriate.
Design Hosting, Inc. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Design Hosting, Inc. urges its clients to assume that all of their on-line communications are insecure. Design Hosting, Inc. cannot take any responsibility for the security of information transmitted over Design Hosting, Inc. facilities.
Design Hosting, Inc. will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Design Hosting, Inc. may disclose information, including but not limited to, information concerning a client, a transmission made using our servers, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Design Hosting, Inc. assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice.
Finally, Design Hosting, Inc. may disclose client information or information transmitted over its network where necessary to protect Design Hosting, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.
Any complaints about a client's violation of this AUP should be sent to:
abuse@designhosting.biz
