Announcements

Latest Public Announcements from DAMnX.us®™

ToS/AUP05/05/2010 08:21 am

Posted by Toniya Mishra

Term of Services and Acceptable Usage Policy

DAMNnX.us®™'s Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DAMNnX.us®™ expects of them while using the service. All users of DAMNnX.us®™'s services must comply with this Acceptable Use Policy and Terms of Service.
 
• Acceptable and Expected  Behaviours 
  We at DAMNnX.us®™ expect our customers to held 
  high the 3 "Ps" - Polite Patient Punctuality 
  
  • Polite 
  We do not entertain rude customers,it is a waste of our time and other customer's 
  time. If you are rude, please kindly find another host.
  
  • Patient
  We are trying our best to provide "customer's satisfaction" FOR ALL OF OUR CUSTOMERS therefore please be patient, because that helps us in achieving our mutual goals. By being inpatience does not help anybody. 
  
  • Punctuality
  We will give debtors a maximum of 3 days (72 Hours) to complete their debts, if that maximum allowance has surpassed, we will delete their account. We will also introduce a 10% late fees for late payers. 
   
• Service Abuse 
  DAMNnX.us®™ do not tolerate any abusive manners, emails,  forum posting or language that a customer said, type or send to any of DAMNnX.us®™'s staff, owner, support tech, or members. If we found that a customer has deliberately insulted or abuse our staff, in emails, forum posting or any kind of written, verbal or graphic abuse/insult, we will terminate your account, and politely ask you to find another hosting.
   
• Zero Spamming Tolerance
  Spamming (sending unsolicited email or posting messages to irrelevant newsgroups that do not explicitly allow advertising, with references to a site hosted on our servers) Failing to comply with this will result in account termination without previous notice.
   
• Illegal Material 
  DAMNnX.us®™ supports the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances.  DAMNnX.us®™ intends to provide its customers access to everything the Internet has to offer. While DAMNnX.us®™ is firmly committed to allowing you to host your own individual website, certain activities that may be damaging to DAMNnX.us®™ or the internet cannot be permitted. If you have any questions regarding this policy please contact our Legal Team but we do not host sites encouraging illegal activities* (this includes hacking, promoting or encouraging hacking activities, warez-crack code serial number cracking, virus, or other similar activites), adult content, banking or finacial transactions, gambling and lotteries, and any other unlawful activity where people are cheated by or racism, sites providing
  instructions of performing illegal activities, or harming minors, Absolutely NO Child Pornography. You must not hosting web site for adult content, banking or finacial transactions, gambling or lotteries, and for any unlawful activity where people can suffer any type of loss.
  Please note 
  • Any unlawful or illegal activity or content and any type of misuse or manipulation of services or resources will lead to termination of web hosting account automatically with out any prior notice or information.
  • You will be solely responsible for false information submitted to DAMNnX.us®™. All information provided must be correct and accurate. You may be prosecuted for wrong information, as well as for delaying or deferring payments. Voilation to terms will result in account termination without previous notice, and will be reported accordingly to the Internet police for further investigation.
   
• Server Abuse 1* 
  This is very important to maintain the quality of our bandwidth and servers We do not tolerate Violations and attempted violations of system & network security. Or any type of tampering with the system with the purpose to inflict harm. Use of shared or nameserver IPs to access ports is not allowed. We do not allow mini downloading sites, and warez. We have a BIG NO for proxies sites. We do not host sub-domains. Any accounts that have more than 10,000 INODES (INODES=pages) are deemed to be a potential harm to the servers and will be suspended pending deleted without prior notice (this is a SHARED web hosting not a file hosting services). We Allow Video Streaming sites and even sites that requires FFMPEG to run, BUT you are responsible for the content of the site, no illegal use of copyrighted materials are allowed. Please contact us for more details about sites that requires investigation.  
   
• Server Abuse 2* 
  Please note that you are on a SHARED web hosting services, we do not allow ANY activities that we deem to have harm the servers and or causing downtime and therefore making it hard for other customers. Such activities includes: Sending more than 1000 Emails per day to your subscriber, or forum members. using up more than 15% of the CPU usage per day.           #All websites' content must contain at least 85% html, php or jsp (or similar) pages, account that has mainly links to files(large zip files) will be deleted without warning and are subject to no refund.# All domains must resolve to our nameservers. 
  
• Site Transfer 
  We gladly welcome transfering customers and would be happy to help in transfering your
  websites and its files to our server, BUT please remember always that this is a Courtesy service, and should not be viewed as part of our guarantee.
   
• Price Guarantee 
  As a customer you are protected with a "Price Freeze" guarantee, which means your hosting
  price will not goes up or down as long as you stay with us. But you are not entitled for any kind of refunds, our company do not have "Money Back Guarantee" policy, for any reasons oncethe Money Back guarantee period ends and payments are final.
  
  **All payments sent to DAMNnX.us®™ are non-refundable except for the initial payment which may carry a 56 days money back guarantee. Domain names and Addon will never carry a money back guarantee. Service charges are also non-refundable.**
  • You will agree not to claim any refund once the order is fulfilled and the services are rendered to you.
   
• Upgrading/Downgrading of  Hosting Plans 
  Customer agrees that they can change and modify their hosting package at anytime, but they are not entitled for any kind of refund for the remaining time if the contract is still on-going. They will have to sit out for the remaining of the contract or decided to upgrade or downgrade immediately without refund if they wish to proceed with the request. Upgrading fee is actual difference but Downgrading fee is a one time fee of USD9.99 payable to DAMNnX.us®™.
   
• Indemnification 
  Customer agrees that it shall defend, indemnify, save and hold DAMNnX.us®™ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DAMNnX.us®™, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DAMNnX.us®™ against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DAMNnX.us®™; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from DAMNnX.us®™'s server. Customer further agrees that it shall bear all the expenses, with out any question, incurred resulting a legal dispute against DAMNnX.us®™ including all the legal charges and fees of legal court pertaining to any and all issues.
   
• Third party software(s)
  DAMNnX.us®™ could not provide support for third party installed scripts, if that scripts do not have a proper installation guidance, or is a nulled (stolen script).
   
• This Term of services is the solely owned by DAMNnX.us®™, it will be revised without notice(but will not be altered so that it eclipse the previous meaning)

Responsibility
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund. You will be solely responcible to maintain and keep the backups of your website and DAMNnX.us®™ will neither keep or maintain the backup of your website. You will provide the backup whenever it is asked by DAMNnX.us®™ in case of eventuality and emergency with out any objection and question.

Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials.

The Service must not be used for activities DAMNnX.us®™ deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to.
 
Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may host sites that contain adult material as long as ALL the models are of legal age.

Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
 
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spamming" (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by DAMNnX.us®™.

DAMNnX.us®™ reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).
 
Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution.

The deliberate transmission of computer viruses, worms or trojan software.
 
Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data. DAMNnX.us®™ has full right to deny any or all services at any time to any user with out assigning any reason further.

Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.
 
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Customer Responsibilities

Password Protection

Customer is responsible for protecting passwords and for any authorized or unauthorized use. 

Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.

 

Music and Video Files
Customer may not without permission have sound or video files in any format (MP3, ASX, ASF, RA, RAM , QTV , MPEG , AVI , WAV).

Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

 

Content Ownership
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files.  Your account is to be used for hosting a website not for file storage.

 

File Distribution
Customer may not use account as a download distribution point.  Again, your account is to be used for hosting a website not for storage or distribution of files. 

Customers Email
Customer is responsible for updating their email address within the members area.  Any emails that the customer does not receive due to this data being outdated is not DAMNnX.us®™'s fault.

 

Network Performance
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of DAMNnX.us®™'s systems or networks.

DAMNnX.us®™ reserves the right to terminate or limit such activities.

AUP and ToS Enforcement

Disclosure to Law Enforcement
DAMNnX.us®™ may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.  We will cooperate fully with law enforcement agencies.

 

Limitation of Liability
DAMNnX.us®™ shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, DAMNnX.us®™ 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 DAMNnX.us®™ servers. All damages shall be limited to the immediate termination of service. DAMNnX.us®™ shall be the sole arbiter of what is and is not a violation of these acceptable use policies. DAMNnX.us®™ reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. DAMNnX.us®™ reserves the right to delete all content and files upon termination. DAMNnX.us®™ reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. DAMNnX.us®™ reserves the right to refuse, cancel, or suspend service at our sole discretion. DAMNnX.us®™ reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

 

Disclaimer

Web design, web content, web text and language used in this website may resemble other web sites, since many things are the same, generic and common in Web Design.ANY RESEMBLANCE IN CONTENT AND DESIGN IS NOT A VIOLATION OF COPYRIGHT ACT