We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers. you shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. Any access to other networks connected to Deohostz Hosting must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

you shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

All dedicated servers are on a month to month lease. Dedicated servers will be setup within 24 - 48 hours after the proper funds have been established for your dedicated server account. All dedicated servers require a active PayPal subscription. To cancel your dedicated server a request must be made in writting 30 days before your next service bill is due. Failure not to comply with a 30 day notice will result in a $200 service fee. No refunds will be provided for servers canceled before the next billing date is due. Deohostz Hosting is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Deohostz Hosting shall not be liable for loss of data under any circumstance. Scheduled Downtime is any Deohostz Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

All virtual private/dedicated servers are on a month to month lease. VPS/VPD servers will be setup within 24 - 48 hours after the proper funds have been established for your server account. All servers require a active PayPal subscription. To cancel your VPS/VPD server a request must be made in writting 30 days before your next service bill is due. Failure not to comply with a 30 day notice will result in a $200 service fee. No refunds will be provided for servers canceled before the next billing date is due. Deohostz Hosting is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Deohostz Hosting shall not be liable for loss of data under any circumstance. Scheduled Downtime is any Deohostz Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

Deohostz Hosting requests that anyone who believes that there is a violation of this TOC direct the information to the Abuse Department at abuse@deohostz.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

Network disruptions : Use of the Deohostz Hosting service for any activity which affects the ability of other people or systems to use Deohostz Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Deohostz Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Deohostz Hosting, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the Deohostz Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Deohostz Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Deohostz Hosting account is subject to immediate termination.

On some accounts Modern Bill comes as a free option. However, Modern Bill can not be transferred to other servers and or services if you cancel your hosting and or reseller account that is using a free copy of Modern Bill. If you cancel your hosting account that came with Modern Bill you must either upgrade to a Modern Bill pay status or stop using the software. In addition, ModernBill or Deohostz Hosting may terminate this offer at any time.

If your account came with a free billing software suck as PHP Manager or any other billing software that came with your account you agree and understand that those billing software is leased to you the customer for a period as long as you are a customer. If you downgrade your account to where the billing software is no longer considered free you must either stop using the software or purchase the billing software at face value. Also, the leased license can not be transferred from one service provider to another. All leased license are owned by Deohostz Hosting unless you have purchased the software. If you cancel your account the leased license will be turned back over to Deohostz Hosting and used for another Deohostz Hosting customer.

Without in any way limiting our (Deohostz Hosting) rights. if you fail to pay any sums due to us as they fall 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, we may terminate this Agreement forthwith upon written notice. 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 without notice to you. 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. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. Accounts may be cancelled by the user with a 7 day notice. Deohostz Hosting reserves the right to cancel any account with or without notice. Deohostz Plans (Web Sites we maintain) are subject to a one year revolving contract. Deohostz Plans may terminate there account 30 days before there anniversary date. If Deohostz accounts are canceled prior to the first year of service a service fee of $300 will be due.

Deohostz does not offer any refunds for service on Shared hosting, Reseller Accounts, Ecommerce, ModernBill, Dedicated Servers or any other service Deohostz may offer.

Deohostz will perform daily backup's on our cPanel servers (shared hosting and resellers) but the web site owner or reseller is ultimately responsible in the event the data can not be copied back to the original server. We will make all attempts to restore data but it is not guaranteed.

Deohostz Hosting 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 Deohostz Hosting policy. Finally, Deohostz Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify Deohostz Hosting for any violation of the service agreement, law, or Deohostz Hosting policy, that results in loss to Deohostz Hosting or the bringing of any claim against Deohostz Hosting by any third-party. This means that if Deohostz Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Deohostz Hosting , plus costs and reasonable attorneys' fees.

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Notices Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. Payment All payments must be in US Dollars. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of UDS $30.00. 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. Your Billing is based on the date that you signed up with us. (ex. If you joined us on June 25th, 2000 Your Credit Card will be charge on the 25th of every month) Referrals Client Program Deohostz Users who refer clients may receive a cash award for there referral. The award is a one time deal only available to US customers in US cities. The new client signing up is not eligible for any other special offer, including but not limited to a 30 day money back guarantee, free month of hosting, or discounted hosting. By placing the members domain name in the promotion box, you the new user signing up agree to purchase hosting from Deohostz Hosting at a minimum of three months. Clients who refer clients to Deohostz Hosting will receive payment if and when the new customer singes up with an authorized credit card no later then 100 business days after receiving funds from the new customer. Client referral checks will be drafted after 90 days or 3 months which ever comes first. The three month period is designed to stop any scams and insure customers signing up referrals are really referrals. If the client signing up does not stay with Deohostz Hosting for 3 months then no client referral bonus will be paid to that client who sent a referral.

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

The following CGI scripts are not allowed on Deohostz Hosting servers:
UltimateBB or any CGI based forum Poorly written CGI email programs CGI based portals Any type of IRC program

1. Backups - Backup's may only be run at night from 11 pm - 4 am EST. This includes using tar and gzip to move your files to a archive. I am seeing a lot of people use this during prime time and it puts a large stress on the server. Some of you probably were wondering why your process stopped and it is because I am constantly killing the tar and gzip process. If this continues to be abused I will be forced to remove the tar and gzip from the hours of 4 am - 11 pm.

2. All resellers are now required to setup packages for your hosting accounts. If you do not have a package setup the system will not allow you to create any new accounts. We are doing this because we have to start imposing limits in your quota on the server. You still get exactly what you signed up for but in the past I have not imposed quota restrictions but it was implied.

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse of Resources including but not limited to employing applications which consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums, portals and so on which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice