This DomainISP.Net User Agreement ('Agreement') is by and between DomainISP.Net, a Texas Company, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution.  This Agreement sets forth the terms and conditions of Your use of DomainISP.Net Services and the WebMail System (together, 'Accounts').   By signing up with DomainISP.Net, you agree that you have read and will abide by our TOS agreements. The term of this Agreement shall continue in full force and effect as long as you have any account with DomainISP.Net. From time to time, you may view this agreement on our website.

DomainISP.Net Provides Internet/World Wide Web Site Hosting and E-mail Services. Please read and understand our policies, as they are to protect the best interest of our customers as a whole. DomainISP.Net's general policy is to act as a neutral provider of access to the global

Internet.

Value. From our $8.50/year domain name registration to our $7.95/mo virtual hosting plans, the business focus is on our ability to provide affordable web site hosting regardless of your needs to the small and medium sized business market. 

Uptime Guarantee Policy

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Account backups are ultimately the account holder's responsibility. DomainISP.Net offer's a 99% uptime guarantee. The DomainISP.Net  network of computers, will have a guaranteed aggregate average uptime of 99% over the course of three months (90 days). This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary. This also doesn't include mass-network problems such as major backbone problems. DomainISP.Net will not be liable for any lost revenues during your down time. We have battery backups that will provide greater than 30 minutes of backup power as well as diesel electric generator power that will provide the datacenter with electricity indefinitely in the event of long term power outages. Our network is designed for redundancy, reliability and scalability. We and our partners run an entirely switched 100MBps network utilizing best in class routers and ethernet switches. We receive our internet connectivity through 3 different providers, 6 unique circuits and with BGP4 at the border router, you will not notice if one provider drops off a connection as they occasionally do.

Support.  You can rest assured that an expert and responsive staff at DomainISP.Net will support you. Our support database is continually updated so that most of your answers will be at your fingertips. When they are not, we are here for you. We hire only the best and the brightest to support you.

No Contracts. You are not tied to any contracts here. We ask that you give 30 days notice of departure and ask you why so we can continually improve on our business. We are certain our service and support will keep you here in an environment where contracts are drawn for those that fear they may be unable to provide quality and value.

Rapid Deployment. Whether you need virtual hosting in 10 minutes or a dedicated server the same day. We are there for you. When you order a hosting account, it is setup in about 10 minutes or less and when you order a dedicated server, Rapid deployment assures you are able to hit the ground running with your new account or server.

Complete Satisfaction. DomainISP.Net strives to make your business as profitable as possible and provides 24 hours support.

DomainISP.Net reserves the right to suspend or cancel a customer's access to any or all

services provided by DomainISP.Net when DomainISP.Net decides that the account has been inappropriately used. If you are unsure whether any contemplated use or action is permitted, please send an e-mail to: info@DomainISP.Net and we will assist you.

Network's Specific Use Policies

1.             Traffic and Storage Policies

DomainISP.Net allocates a set amount of storage and bandwidth per customer. If customer exceeds or is about to exceed the allocated amount of storage or traffic, DomainISP.Net will send a courtesy notice to customer with further options and pricing. Extra Bandwidth and Storage pricing may be found on our hosting page on our website.

2.             High Resource Policy

• Due to the heavy server resources required, we prohibit the use of certain bulletin boards such as cgi based forums, UBB (Ultimate Bulletin Board) and YABB (Yet Another Bulletin Board). We do have alternative boards we recommend, such as VBulletin or phpBB, which are MySQL database driven boards, versus using flat file databases. DomainISP.Net offers a MySQL based board called XMB free of charge with all accounts.
• MySQL databases that consume large amounts of resources will be immediately terminated or suspended upon DomainISP's discretion.
• CGI scripts found to consume large amounts of system resources will immediately be terminated or suspended upon DomainISP.Net’s discretion.
• Websites found to consume large amounts of system resources such as httpd, cgi, mysql can be suspended at anytime upon DomainISP.Net 's discretion.
• Accounts classified as High Resource Accounts and are either suspended or terminated are not entitled to a refund for any pre-paid services.

3.                    Zero Tolerance Rule

• DomainISP.Net commits 100% stability to all our servers, and network that DOMAINISP.NET has control over. To keep with this commitment, any website, reseller or non-reseller that DomainISP.Net feels is degrading the performance of our network will be suspended at DOMAINISP.NET's discretion, without being required to notify the end user in advance.
• As a set standard, DOMAINISP.NET will run spot testing anytime we feel our network may be becoming unstable due to a High Resource Customer. If within a 24 hour period the customer receives the following:

3,000 page views or more

3,000 script executions or more

                                3,000 mysql connections

• Any account using flat filed forums such as Ikonboard, YaBB, UBB will be given 24 hour notice to remove the scripts or move them to a mysql based forums. DOMAINISP.NET will not make any exceptions to this rule, regardless if your using for testing purposes or have 10 forum customers, these forums are not allowed.

·               The account will be suspended and the customer may be sent a suspension and or termination of account notice.

4.             What does DomainISP.Net consider "CGI Abuse"?

• Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. DomainISP.Net is the sole determinant of what constitutes degraded server performance.
• Due to their use of flat files instead of databases, DomainISP.Net does not allow the use of any cgi based forums, including Ikonboard (flat file), 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. DomainISP.Net recommends use of VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Accounts found using a flat file or cgi based forum will be suspended without notice.

5.             DomainISP.Net's Services May Only be Used for Lawful Purposes

• Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
• DomainISP.Net reserves the right to remove such illegal material from its serve immediately. DomainISP.Net expressly forbids anyone from using DomainISP.Net's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the DomainISP.Net management.

6.             Unlawful and/or Unethical Use

DomainISP.Net does NOT allow sites that provide points of distribution, or links to the following types of sites:

·                     Adult Sites - Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.

·                     Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.

·                     Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of DomainISP.Net.

·                     IRC / Bots - This includes "egg drops" "bots" or any IRC related programs.

·                     Archives - This includes music, video and program archives.

7.             E-Mail Policy

• YOUR USE OF Email Accounts.  DomainISP.Net has no obligation to monitor your use of Email Accounts.  However, DomainISP.Net reserves the right to review materials you publish using Email Accounts and to remove any materials in its sole discretion.  DomainISP.Net reserves the right to terminate your access to Email Accounts at any time, without notice, for any reason whatsoever.
• DomainISP.Net reserves the right at all times to disclose any information as DomainISP.Net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DomainISP.Net's sole discretion.
• As a condition of your use of Email Accounts, You agree not to use Email Accounts for any purpose that is unlawful or prohibited by these terms and conditions.
• DomainISP.Net explicitly reserves the right to terminate your account if it comes to DomainISP.Net's attention that you are using Email Accounts for objectionable activities.  Objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.
• "Safe-In Lists" DOMAINISP.NET views this as opt-in spam lists and is viewed as abuse toward our service offerings, DOMAINISP.NET does not allow customers to host, or offer safe-in list hosting or mailing lists.
• If its found any client has setup an account with DomainISP.Net, for the express terms of sending unsolicited email, DomainISP.Net reserves the right to charge a one time administration fine of $300.00 If DomainISP.Net can show proof the client has sent the email from DomainISP.Nets servers or network.

DomainISP.Net's Services are intended for the End User Only. Customers cannot sublease, sub host, or give away control of any portion of DomainISP.Net's resources.

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  8.           Payment Policies

  Major credit card is the only allowable payment solution for all new accounts. Our server uses PGP and SSL encryption for credit card orders. Credit Card Authorization Form must be returned to DomainISP.Net via email (scanned signature) or fax within 72 hours. Failure will result in automatic suspension of account until form is received by DomainISP.Net. You will receive a confirmation from us after the order is made. Checks must be mailed immediately after signup. A seven days wait will apply after receipt of checks to allow clearing. Only U.S. Checks are acceptable.

• All new and existing accounts are setup and billed on a pro-rated basis
• New accounts setup from 1st to 15th of each month will be billed normal fees to the first day of next billing period
• New accounts setup after 15th of each month will be billed normal fees plus prorated fees to first day of next billing period
• All payment is in U.S. currency.
• Accounts that are past due will be suspended within 24 hours of credit card failure notice.
• Accounts may be charged at anytime during the month of which the invoice is due.
• If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.
• All new accounts are billed on the anniversary date of the account being setup.
• DomainISP.Net reserves the right to change prices at any time without notification to customer.
• Service fees do accrue during any period of suspension.
• No receipts or invoices will be sent by regular mail.
• The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies DomainISP.Net in writing for a request for termination of services.
• All credit cards declined for any reason may be charged a $20 service charge.
• Checks returned unpaid (NSF) will be accessed $50.00 service charge.
• In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 3 days of the e-mail notice are subject to suspension and possible account termination.
• At no time will DomainISP.Net allow a website to be operational past the last day of the pre-paid date of services. If user fails to update the account information, DomainISP.Net will suspend the account without further notice and consider the account closed.
• Check or money order orders may be approved by DomainISP.Net on a per case basis

·               There is a $50 administrative fee for each chargeback placed against us. Any chargeback's or threatened chargeback's or non-payment of services rendered are grounds for immediate account cancellation or termination for any accounts client is hosting with DomainISP.Net.

8.             Cancellation Policies

• The credit card holder through the registered email address must submit account cancellations request. Phone or other email address requests will not constitute acceptance of any cancellation.
• DomainISP.Net reserves the right to cancel this service agreement at any time.
• Account setup fees, email account fees and domain registration fees are not refundable.
• In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service.
• Account cancellations must be submitted before next date of recurring charges or user will receive a partial refund of unused months that were pre-paid except the email account that is non-refundable.
• Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations.
• In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you.
• Accounts can not be canceled "in advance" Once cancellation form is completed, account is considered terminated pending all account information matches all information on file.
• If cancellation is caused by customer’s violation of this agreement, then no refund will be disbursed.
• In the event you terminate your account, we will not transfer or manage your account or its contents.

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9.             30 Day Refund Policy

  If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding full setup fees, full domain registration fees, add-on/upgrade fees and overages. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. Email Accounts are not refundable.

10.           Disclaimer

  DomainISP.Net will not be responsible for any damages your business may suffer. DomainISP.Net makes no warranties of any kind, expressed or implied for services we provide. DomainISP.Net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DomainISP.Net, its partners and its employees. If user decides to bring any legal proceedings against DomainISP.Net, user will occur all legal fees and court cost's.  DomainISP.Net furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate DomainISP.Net policy. Finally, DomainISP.Net wishes to emphasize that in accepting services, subscribers indemnify DomainISP.Net for any violation of the subscriber of the Services Agreement, or of law or DomainISP.Net policy, that results in loss to DomainISP.Net or the bringing of any claim against DomainISP.Net. This means that if DomainISP.Net is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against DomainISP.Net, plus costs and reasonable attorneys' fees. DomainISP.Net reserves the right to revise its policies at any time without prior notification.

Copyright © 2003 DomainISP.Net. All Rights Reserved.