Terms of Service (TOS)

Acceptable Use Policy

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

Hosting Invoices will be emailed to you 10 days before the 1st day of your billing cycle. Payments including checks and Paypal payments are due on or before the First (1st) day of each billing month cycle.

If payment for hosting is not received in our office by the 6th of any given billing month, your server will be suspended until all monies due plus a charge of $39 to reinstate your server is received in our office. It is your responsibility as a customer to keep your current email address on file as your invoices are sent via the email you signed up with on the order form.

If your email address changes please send an email to: address_change@designhosting.biz

Paypal qualifications for payment are:

  1. You must be a verified paypal member.
  2. Monies paid must be bank funded and not credit card funded.

Hosting fees are subject to change.

Payment for Web Design

  1. 50% web development due before web development begins plus the hosting setup & web hosting fees
  2. 50% web development balance due upon site completion plus any additional hours

After the web design service is completed and no payment is 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

  1. 50% ecommerce development due before ecommerce development begins plus the hosting setup & web hosting fees
  2. 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

Design Hosting, Inc. may terminate this Agreement upon or after any one of the following events.

  1. Client has 5 days 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 $39. Payment must be in full for the total amount of arrears plus the late fee of $39 to have the site reinstated. If, at the end of 30 days from the due date, these payments are not received the website in question will be terminated and all files will become the property of Design Hosting, Inc. and can be sold or 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 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. fill out the online cancellation form at: http://www.designhosting.biz/cancel.html
  2. send an email to info@designhosting.biz to cancel services
  3. ask for a dns change

All server cancellations are terminated on the day the cancellation is registered, 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.