Terms of ServiceThe use of services from Dinost.com [hereafter referred to as "Dinost"] constitutes agreement to these terms. A recent copy of these terms can be found at www.dinost.com/tos.php You may view our Privacy Policy here. 1.) AgeYou must be at least eighteen (18) years of age to use any services provided by Dinost, where the Customer does not meet this requirement their parent or legal guardian will act as the "customer" in terms of this contract.
2.) Account InformationYour account will be setup after we have received payment and we and/or our payment partner(s) have screened the order(s) to prevent the possibility of fraud. If we ever need to contact you, the primary email address we have on file will be used for this purpose. You are responsible for providing us with a valid email address which is not hosted with the domain(s) you are signing up under and to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account without notice. It may be necessary to provide government issued identification and/or a scan of the credit card used for the purchase as part of our anti-fraud screening process. If you fail to meet these requirements, the order may be considered fraudulent and be denied.
3.) ContentAll services provided by Dinost may only be used for lawful purposes. The laws of the State of California and the United States of America apply. The customer agrees to indemnify and hold harmless Dinost, from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is strictly prohibited. This includes, but is not limited to copying of; books, music, images, articles or any other copyrighted work. The attempt to sell any counterfeit merchandise of a trademark holder will result in an immediate termination of the offending account(s). If you believe that your copyright or trademark is being infringed upon, please email abuse@dinost.com. Examples of unacceptable content on all Shared and Reseller servers include: Brute force programs, IRC bots, Pirated ("nulled") software / Warez, hacker related sites/programs, Spam/Mail Bomber Scripts, Proxy/Anonymizer Scripts, MUD's / RPG's, commercial media streaming (exceeding 4 streams), promoting illegal acts or linking to websites that distribute copyrighted material are prohibited. Content similar as to that listed below requires the appropriate license(s) and a copy must be emailed to support@dinost.com prior to hosting, this includes: Banking sites, lottery sites, Investment programs, sale of controlled substance(s) or Shares trading programs.
Any material that we believe is obscene or threatening is prohibited and will be removed from our servers with or without notice. If in doubt regarding the acceptability of your content, please contact abuse@dinost.com before making the content in question accessible to the public. Resellers are responsible for the content their customers upload. If content violating this agreement is found, we will suspend the website in question and notify the reseller so they may take appropriate action. We may further monitor the activity of both you and your customers for further violations within the coming months; more than two (2) violations of this type may result in the immediate termination of your account. Illegal activities will be reported to the appropriate law enforcement agencies.
4.) Reseller's ResponsibilityResellers are responsible for supplying support to their clients. Dinost does not provide support to clients of a Reseller. In the event a reseller's client contacts us we reserve the right to ignore all support requests or forward the support to the Reseller's email address on file. Resellers may ask for support from Dinost on their clients' behalf. Resellers are responsible for the content stored under their reseller account by their client(s) and will be held responsible for any of their clients' actions which violate the law or these terms of services. We reserve the right to suspend the Reseller's client until appropriate action is taken by the Reseller or the Reseller's account.
5.) Payment InformationYou agree to supply appropriate payment for the services receive from Dinost, in advanced of the time period during which such services are provided. You agree that until and unless you notify Dinost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Dinost reserves the right to change the monthly payment amount and any other charges at anytime.
6.) Cancellations and RefundsDinost reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format can result in the suspension or termination of your services. Customers may cancel at any time through our cancellation form. Dinost gives you an unconditional 30 day money back guarantee on all hosting plans. There are no refunds on administrative fees, install fees for custom software, or setup fees. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time users are eligible for a refund. For example, if you've had an account with us anytime in the past, cancelled and signed up again, or have opened multiple accounts with us; you will not be eligible for a refund. Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage You may not:
8.) Bandwidth UsageYou are assigned a monthly bandwidth allowance, which varies depending on the hosting package you purchased. In the even you exceed your monthly bandwidth amount we reserve the right to suspend the account until the next billing cycle, suspend the account until more bandwidth is purchased, suspend the account until you upgrade to a package that offers more bandwidth or terminate the account and charge you additional fees for overuse. Unused bandwidth at the end of each month will not be carried over to the following month.
9.) Price ChangesThe amount you pay for your plan during signup will never increase, even if listed prices are changed. This price lock will end when your account is cancelled or your account is upgraded to another plan, this price lock cannot be carried over to other accounts. We reserve the right to change the listed prices, and the right to change the amount of resources given to plans at any time. Price locks may not apply where a one time use coupon was used to provide a discount on the first month.
10.) Money back GuaranteeWe reserve the right to refund a prorated amount or no refund at all. Each plan of Dinost carries a 30 day money back guarantee on them. If you are not satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. No refunds will be given for administrative fees, install fees for custom software, or setup fees. All requests for a refund must be emailed to sales@dinost.com within the first 35 days of your service.
11.) Uptime GuaranteeIn the event that the server your account is hosted on has a physical downtime that is not within the 99.9% uptime, you may receive one (1) month of credit on your account. Approval of the credit is at the discretion of Dinost, who reserves the right to deny any request for credit. The server uptime is defined by the reported uptime from the server operating system and Apache Web Service, which can differ from the uptime reported by third party monitoring services. To apply for credit, please email sales@dinost.com with any evidence you may have of server uptime lower than 99.9%. All credit requests must be made within fourteen (14) days after the alleged downtime.
12.) Limitation of LiabilityDinost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from the servers going off-line or being unavailable for any reason whatsoever. Furthermore, Dinost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of the servers. All damages shall be limited to the immediate termination of service.
13.) IndemnificationYou, the Customer agree to defend, indemnify, save and hold Dinost harmless from any and all costs, claims, losses, liabilities and demands, including reasonable attorney's fees asserted against Dinost, its agents, customers, officers and employees, that may arise or result from any service provided or performed by or any product sold by customer, its agents, employees or assigns.
14.) Disclosure to law enforcementDinost may disclose any subscriber information to law enforcement agencies without consent or notification to the subscriber upon lawful requests (warrants) from such agencies. While we protect our subscribers’ information we will corporate with law enforcement agencies.
15.) Changes to Policies Dinost reserves the right to revise its policies at any time without notice. For further information please email support@dinost.com
|