Dzines Digital (also referred to as ‘the Company’, in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Dzines Digital. Service constitutes acceptance and agreement to Dzines Digital. AUP as well as Dzines Digital. TOS policy (Terms of Service).
Users and customers of Services provided by Dzines Digital must accept the terms and conditions of business set out below.
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any hello charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
Any websites created by Dzines on your behalf is for one installation only on the agreed domain, unless otherwise agreed. All works carried out remain the intellectual property of Dzines Digital.
VPS – Terms
Shared Web Hosting
These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with Dzines Digital. By using your Dzines Digital account, you agree to all of the Terms and Policies set out in this document.
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Backups – Dzines Digital carry’s out 4 backups per day, these backups are strictly for our own use in-case of a server failure. However you can also login to the backup server to restore files. This is not meant as a replacement for keeping your own backups.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Dzines Digital to suspend or terminate your account. You agree that Dzines Digital has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of £30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth available to others.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorised relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Dzines Digital may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Dzines Digital as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property – Dzines Digital does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to email@example.com.
* Continuing a specific identification of the allegedly infringing material and the location(s) on Dzines Digital’s facilities where the materials are to be found. Upon receipt of such written notice, Dzines Digital will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Dzines Digital receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Dzines Digital will send you a copy of that notification. Unless you notify Dzines Digital of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Dzines Digital, neither Dzines Digital nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Dzines Digital neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Dzines Digital is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Dzines Digital equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Dzines Digital and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, Dzines Digital is not acting as a telecommunications carrier or telephone company, that there is no representation made by Dzines Digital as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Dzines Digital has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to Dzines Digital as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Dzines Digital may pursue any such claims against you in Court.
* You agree that in no event will Dzines Digital have financial liability to you.
* Warranty – Dzines Digital MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Dzines Digital ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Dzines Digital OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Dzines Digital ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Dzines Digital DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Dzines Digital DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
User may not:
Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Run cron entries with intervals of less than 15 minutes
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Dzines Digital has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
Dzines Digital will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Dzines Digital may provide aggregate data on Subscribers to third parties in the operation of Dzines Digital’s business.
You agree that any dispute between you and Dzines Digital arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Dzines Digital will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
These Terms and Policies are governed in all respects under English laws.
Cancellation requests must be submitted via email. To do this, please send an email to firstname.lastname@example.org ‘Request Cancellation’.
Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.
It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.
No other forms of cancellation are accepted.
Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
Dependent on subscribers’ fulfilment of fee obligations for their subscribed services, Dzines Digital will provide Hosting Services and Support Services subject to the standards outlined in the Service Level Agreement(s) for the term of the agreement.
Subscriber must use reasonable security precautions during use of their services. This includes but is not limited to, proper updating and security patching of web applications installed and running within our datacenter; comply with Dzines Digital Acceptable Usage Policy; cooperate with Dzines Digital staff in case of required investigation of security service outage, due to security breaches within your hosting; ensure that billing and other account information remains up to date; pay service fees before due date specified on invoice.
You are responsible for any activity or actions performed through this provided account, subject to the terms of services outlined on this page. By subscribing to our services, you are agreeing that the services rendered are solely for your use and not any third party. Dzines Digital Services holds no discrimination towards any groups, whether it be nationality, gender, or age. You are however responsible to ensure that the rules and regulations applied by these terms and conditions comply with your local laws, in the case the two conflict.
Account Information Integrity
To use Dzines Digital services, you are required to provide the full and valid account information as requested in the signup process. Should there be any changes during the subscription period in respect to your account and/or company information, you are responsible to make the required adjustments in the ‘Client Area’ portal. As a client of Dzines Digital, you are required to provide only accurate information regarding your identity. In the case of suspected false representation Dzines Digital reserves the right to request proof of identity prior to delivering services in the form of legal documentation i.e. Scanned ID, Passport, and/or Credit Card used in the purchase to ensure the safety of the existing client base and infrastructure of Dzines Digital. Failure to provide legal documentation upon request within 48 hours will result in the cancellation of the Account.
Refusal of Service
Dzines Digital holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.
Acceptable Usage Policy (AUP)
Dzines Digital has developed an Acceptable Use Policy (“AUP”), which is hereby incorporated by reference in this agreement, 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 Dzines Digital’s services. This AUP will be revised from time to time. A customer’s use of Dzines Digital’s services after changes to the AUP are posted on Dzines Digital’s web site, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. In the event of a dispute between Dzines Digital and Customer regarding the interpretation of the AUP, Dzines Digital commercially reasonable interpretation of the AUP shall govern.
All IP addresses which are assigned to subscriber must be justified per RIPE Guidelines. If it is determined that IP addresses which have been assigned to subscriber are not being used in accordance with these guidelines, they may be revoked. Purchase of additional IP addresses, is possible, only with explicit justification of the reason IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.
Subscriber agrees to maintain a current copy of all content hosted by Dzines Digital notwithstanding any agreement by Dzines Digital to provide back up services. Dzines Digital is not responsible for the completeness, integrity, or freshness of your account(s) backup. Dzines Digital recommends you have your own backup system in place as a secondary measure of precaution.
Access to Equipment
Dzines Digital is the sole owner of the equipment used by the subscriber. The subscriber has no rights on the equipment used, and physical access to equipment, and datacenter, by customer is strictly prohibited.
Harassment and Abuse
Subscriber agrees to engage Dzines Digital staff in a professional manner. This includes all communication mediums, such as email, helpdesk tickets, live chat, and telephone communication. Dzines Digital does not tolerate abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to publicly post, threats to initiate chargeback, and any intentionally disruptive behaviour directed at Dzines Digital staff. Any abuse will be construed as a violation of this Terms of Service agreement, and a single warning will be issued in case of violation. If abusive communication continues after aforementioned single warning, we reserve the right to suspend or terminate your account without refund.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Dzines Digital customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. Dzines Digital reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Subscriber agrees that payments for services incurred at Dzines Digital, shall be paid by valid payment method. Payment methods accepted by Dzines Digital include Credit Card (MasterCard and Visa), PayPal, and Wire Transfer. Payments via any other payment method beyond the aforementioned, will not be accepted. Subscribers’ first payment for ordered services, upon subscribing for the first time, will only be accepted upon completion of a security check to protect against fraudulent orders. Subscriber agrees that Dzines Digital is authorised to proactively charge any subsequent renewals, monthly, annual, or other, using payment method on file.
The term of service is selectable by subscriber during the ordering process on our publicly accessible shopping cart. Term can also be adjusted post-signup via subscriber request to Dzines Digital for term adjustment. The term begins upon the processing of subscribers order. Successful order processing is subject to payment of referenced order invoice. Unless subscriber specifies otherwise through either (i) cancellation notice within acceptable notice period; (ii) request for term augmentation; the term, in length equal to its prior term, will renew automatically.
Subscribers that wish to dispute a payment, must send an email directly to email@example.com issue will be researched, and investigated by account managers. If this step is skipped, and payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (“Dispute”), said subscribers account will be immediately suspended pending investigation of the issue. Dzines Digital has a zero tolerance policy for chargebacks. Any customer who disputes a credit card or PayPal payment, agrees to pay a “Reactivation Fee” of 75 GBP for services to be unsuspended, regardless of the outcome of dispute. We reserve the right to deny renewal of our services to any subscriber who issues a chargeback.
Dzines Digital reserve the right to increase its fees for services effective the first day of a renewal term. Dzines Digital will give customers at least a thirty (30) day notice of impending price increases prior to the issuance of their terms’ renewal.
Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Subscribers that have not paid their fees by notated due date as specified on the invoice, understand that they are in breach of this agreement; accounts that are in arrears for 3 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment, is possible, only after full settlement of past due invoices, and the payment of a 10 GBP reactivation fee. Accounts that are over 14 days, are subject to immediate termination. Backups will be held for 14 further days, pending total deletion. Account restoration from archived backups are subject to a 175 GBP restoration fee.
Suspension of Services
You agree that Dzines Digital may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are being used in violation of our AUP (Acceptable Usage Policy); (ii) you have unpaid, overdue invoices within your client area portal; (iii) your services are being used to carry out attacks on other servers, or your services are under attack, or your services are in any way, wilful or not, affecting the quality of service of other customers.
Subscriber acknowledges that a minimum of 14 days (30 Days Notice required for Dedicated Servers) cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines:
Cancellation Request can be submitted to the billing department by emailing firstname.lastname@example.org
Cancellation Request can be submitted to the billing department by clicking the “Request Cancellation” button within the specific service page of subscribed service, that subscriber wishes to cancel.
Subscribers that pay Dzines Digital via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Dzines Digital (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
Disclaimer of Warranties
Dzines Digital DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Dzines Digital DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Dzines Digital AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
Customer agrees to indemnify and hold harmless Dzines Digital, Dzines Digital affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Dzines Digital reserves the right to augment the above terms of service at any time. Such changes will become effective and binding after their posting on The Company’s website, for which existing customers will be notified. By continuing to use Dzines Digital services after any posted revision, all subscribers agree to abide by it.
The subscriber agrees that this Agreement shall be governed in all respects by the laws and courts of the UK. Subscriber agrees that any claim or dispute that may arise against Dzines Digital., must be resolved by a court located in the UK.