Authorized Use Policy/Terms of Service: Your Rights and Responsibilities

DPS Systems, Inc. reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. DPS Systems, Inc. strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other DPS Systems, Inc. customers and us against such harm.

DPS Systems, Inc. (referred hereinafter as 'DPSS.', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers, including single-domain, reseller, resold accounts, dedicated servers and co-located servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers or our network is an acknowledgement that you have read, understand, and agree to be by terms and conditions below.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to DPSS, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Restrict or inhibit any other user from using and enjoying the Internet. These include but are not limited to using ping, traceroute or nmap against another network. DPSS reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
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 site with adult-oriented content, including but not limited to any nude or pornographic material, except on servers where we specifically allow adult material. This includes advertising or links to any content prohibited on our servers.

Users are also required to abide by the following:

Databases are only to be used for DPSS-hosted web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice; this includes reseller and resold accounts.

DPSS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. DPSS also reserves the right to make any such modifications in an emergency at our sole discretion.

3. Indemnification

You agree to indemnify, defend, and hold harmless DPSS from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, DPSS, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and all data (anything a client has on DPSS servers or network).

4. Refusal or Discontinuation of Service

DPSS reserves the right to refuse or discontinue service to anyone at DPSS's sole discretion. DPSS may deny you access to all or part of the service without notice if you engage in any conduct or activities that DPSS in its sole discretion believes violates any of the terms and conditions in this agreement. DPSS shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that DPSS has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. DPSS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. DPSS also reserves the right to refuse refunds in cases where DPSS believes abuse has taken place.

5. No Warranties

DPSS makes no warranties or representations, either expressed or implied, except the money back guarantee policy, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by DPSS or its agents or employees shall create a warranty. DPSS provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall DPSS be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with DPSS service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on DPSS's servers that such information becomes available to all Internet users and that DPSS has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of DPSS' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through DPSS or on the Internet generally.

Your use of the service is at your sole risk. DPSS is not responsible for files and data residing within your account, on our servers or network. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on DPSS servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by DPSS, including restrictions on services available with each service type, restrictions on certain features, and all other policies.

DPSS reserves the right to monitor any and all communications through or with our facilities. You agree that DPSS is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply DPSS with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Violation of the Terms and Conditions

As a user or reseller, you are responsible for your or your client's account(s). If one of your clients is in violation of the terms and conditions, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us at the signup. If your reseller account is in violation of the terms and conditions, the same rules apply.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from DPSS, in advance of the time period during which such services are provided. You agree that until and unless you notify DPSS of your desire to cancel any or all services received, those services will be billed on a recurring basis. All accounts utilizing Bulk Regisater as a registrar should refer to Bulk Register's email about renewal. Bulk Register sends three (3) renewal notices before domains enter REGISTRAR-HOLD. DPSS can and will get domains off REGISTRAR-HOLD. The next phase is REDEMPTIONPERIOD. DPSS makes no guarantee expressed or implied that any domain can be retrieved out of redemption period if funds are not received by DPSS at least fourteen (14) business days prior to the last redemption day of the domain. DPSS will refund all funds for failed redemption requests within 5 business days of notification of any failure. Upon notification DPSS will attempt to renew any domains at it current rate. DPSS gets domains out of redemption at near cost. DPSS charges $160 to do this. This breakdown is $149.95 to Bulk Register as a redemption fee. There is an additional registration fee for one year of $9.50 to Bulk Register for a total BR fee of $159.45. DPSS gets $0.55 for performing this service. Should any customer issue a chargeback to DPSS for legitimate services DPSS reserves the right to charge at a resonable rate investigative fees including but not limited to all court and legal fees charged to DPSS. We prosecute all theft of services internationally to the full extent of the law. DPSS uses CHARGEBACKBUREAU.ORG to precheck and list fraudulent and chargeback oriented customers.

9. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with DPSS or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

DPSS reserves the right to change this Usage Policy at any time without prior notification.

By placing and continuing to maintain or place information on DPSS's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

10. Money Back Guarantee

Each reseller plan includes a full 30-days money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages, domain registration and setup fees. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by DPSS for violating our Acceptable Usage Policy/Terms of Service do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.

11. Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting already pre-paid for.
DPSS agrees to pay for one-year of domain name registration. Registration is completed through BulkRegister.com. Customer is responsible for domain name charges after the first year, at the going rate at that time. Domain name and hosting charges will be automatically billed at the end of each term, to the credit card we have on file unless cancelled in advance. Additionally, client is responsible for 1st year domain name charges if the account is cancelled within the first 6 months. Additionally, DPSS holds all rights to new domain names for a period of 1 year, and names are registered to DPSS during that time. If you cancel within the first year, you may buy your registration from DPSS. A setup fee of $29.95 is charged for all accounts, and is non-refundable. Web-hosting will be automatically renewed after each expiration term.

We do give refunds for full months unused only for the reseller plans, should you want to cancel prepaid service. If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client.

If cancellation is done by DPSS due to restrictions violation, there will be no refund. DPSS will only allow for the discount if cancellation is not the fault of the client, as determined by DPSS. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. DPSS reserves the right to change prices at any time.

12. Copyright Notification

Subject to and in accordance with current provisions under the Digital Millennium Copyright Act DPSS Internet Services is in compliance with U.S. Copyright laws. The DMCA requires that DPSS take specific action upon notification of infringement of copyright. DPSS subscribers and non-subscribers must comply with the DMCA, in connection with any DPSS service or function, including but not limited to written and unwritten communications. DPSS policy provides for immediate termination or denial of service for any individual infringing the copyright of another party. Copyright representatives may contact DPSS to report infringement of copyrighted material(s) hosted by or connected to DPSS Internet Services or its associated organizations. DPSS will, with receipt of written complaint and in compliance with the requirements of the DMCA, withdraw or cease access to infringing material. If the subscriber complies with DMCA counter-notice provisions, DPSS will inform the party(s) alleging infringement that materials and/or connection(s) will be restored unless the party(s) alleging infringement receives and presents a court order preventing such action.

13. Choice of Law

This agreement shall be construed as being controlled by the laws of the Commonwealth of Pennsylvania and the United States of America. The laws of the Commonwealth of Pennsylvania shall be deemed to govern any dispute arising for the terms or breech of this agreement. The customer or any client thereof agrees to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Pennsylvania.

14. Cancellation

All accounts with DPS Systems, Inc. or any owned Internet Property constitute indefinite recurring agreements. DPSS may continue to charge any account which has not been cancelled in writing (excluding email, STS ticket) with a valid original signature. All incentives offered by DPSS have a minimum requirement of 12 months of hosting. In hosting with DPSS you agree that all accounts hosted with DPSS less than 12 months are subject to a $29.95 setup fee. If a domain is registered for you as a free add on to any account DPSS may charge an additional $29.95 registration fee. In the cancellation of any account the customer agrees that DPSS may immediately charge required funds to settle the account immediately to the credit card or payment method on file with DPSS. Failure of the ability to supply these funds at demand will result in access to data being immediately revoked and all contents therein remaining the exclusive property of DPSS until such time as said funds are provided. DPSS may charge 2% penalty every 30 days (prorated) until such time as the account is settled. Therefore, any and all works, Trade Secrets, Trade Marks and Copyrights are surrendered by this agreement to DPSS until such a time when payment is received in full. DPSS may sell any such works, Trade Secrets, Trade Marks and Copyrights to settle the account at any time.


15. Violation of Policy Liquidated Damages

Should any user violate DPSS policy that so that DPSS must spend time to cleanup, restore, or fix in some fashion DPSS reserves the right to take any action required to collect appropriate fees from the account owner not less than $200 USD. An example would be a user sending email classified as SPAM and getting one of the DPSS IP numbers banned from sending email in one of the "banned lists".

Users agree by use of services to pay all legal fees of DPS Systems, Inc. including officers and employees unless DPS Systems, Inc. is found in the wrong.
16. 3rd Party Scripts and Applications

DPSS neither warrents nor provides support for third party scripts and applications provided for in the cPanel interface. These programs are developed by non-DPSS entities and may change at any time. DPSS does not.