DMCHosting.Com - Universal Terms of Service...

This Agreement ("Agreement") is by and between DMCHosting.com also known as Dalessi Marketing Company and You, Your heirs, agents, successors and assignees, and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of DMCHosting.Com (Dalessi Marketing Companies) software and services, and explains Dalessi Marketing Companies obligations to You. This agreement also explains your obligations to DMCHosting .Com (Dalessi Marketing Company) in relation to the Software and Services You purchase.

This Agreement as well as any additional DMCHosting (Dalessi Marketing Company) policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and DMCHosting (Dalessi Marketing Company) concerning Your use of DMCHosting (Dalessi Marketing Company) ’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All DMCHosting (Dalessi Marketing Company) policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing DMCHosting (Dalessi Marketing Company) ’s Software or Services, You acknowledge that You have read, understandd, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which DMCHosting (Dalessi Marketing Company) may establish from time to time, and any agreements that DMCHosting (Dalessi Marketing Company) is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on your own behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent. You also agree to be bound by our Terms and Conditions for any transactions entered into by anyone who uses the account You've established with DMCHosting (Dalessi Marketing Company), whether or not the transactions were in Your behalf. You acknowledge that DMCHosting (Dalessi Marketing Company) ’s acceptance of any application made by You for Services provided by DMCHosting (Dalessi Marketing Company) will take place at Dalessi Marketing Company, Yorba Linda, California, United States of America.

1. TERM OF AGREEMENT.

You agree that DMCHosting (Dalessi Marketing Company) may modify this agreement, and the services from time to time. You agree to be bound by any changes DMCHosting (Dalessi Marketing Company) may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from DMCHosting (Dalessi Marketing Company) , the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software or Services. In the event you terminate Your usage, DMCHosting (Dalessi Marketing Company) will refund a prorated amount of unused services as determined solely by DMCHosting (Dalessi Marketing Company). You agree that DMCHosting (Dalessi Marketing Company) shall not be bound by any representations made by third parties who you may use to purchase Services from DMCHosting (Dalessi Marketing Company) , and that any statement of a general nature, which may be posted on DMCHosting (Dalessi Marketing Company) ’s Web site or contained in DMCHosting (Dalessi Marketing Company)’s promotional materials, will not bind DMCHosting (Dalessi Marketing Company) . DMCHosting (Dalessi Marketing Company) may, at times, offer certain promotions with different charges and features.

2. ACCURATE INFORMATION.

You agree to maintain accurate information by providing updates to DMCHosting (Dalessi Marketing Company) , as needed, while You are using DMCHosting (Dalessi Marketing Company) ’s Services. You agree You will notify DMCHosting (Dalessi Marketing Company) within ten (10) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within ten (10) business days to any inquiries made by DMCHosting (Dalessi Marketing Company) to determine the validity of information provided by you will constitute a material breach of this Agreement.

You agree that DMCHosting (Dalessi Marketing Company) may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to DMCHosting (Dalessi Marketing Company) ’s Privacy Policy. If You provide any information that is inaccurate, false, misleading, or if DMCHosting (Dalessi Marketing Company) has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, DMCHosting (Dalessi Marketing Company) has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY POLICY.

DMCHosting (Dalessi Marketing Company) will not share your private information with outside third parties, except as required by law. You will hold DMCHosting (Dalessi Marketing Company), it's Owners, Officers and employees harmless in respect to our requirements to comply with the Laws of the United States and any other entity or jurisdiction.

4. ACCOUNT SECURITY.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, and any other information associated with your account. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify DMCHosting (Dalessi Marketing Company) immediately of any unauthorized use of Your account or any other breach of security. You agree DMCHosting (Dalessi Marketing Company) will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree that you will be held liable for losses incurred by DMCHosting (Dalessi Marketing Company) or another party due to someone else using your account access information.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of DMCHosting (Dalessi Marketing Company) ’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements.

DMCHosting (Dalessi Marketing Company) reserves the right at all times to disclose any information as DMCHosting (Dalessi Marketing Company) deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DMCHosting (Dalessi Marketing Company)'s sole discretion.

If You have purchased Services, DMCHosting (Dalessi Marketing Company) has no obligation to monitor Your use of the Services. DMCHosting (Dalessi Marketing Company) reserves the right to review Your use of the services and to cancel the services in its sole discretion. DMCHosting (Dalessi Marketing Company) reserves the right to terminate Your access to the services at any time, without notice, for any reason whatsoever.  

Except as set forth below, DMCHosting (Dalessi Marketing Company) may also cancel Your use of the Services immediately, if You are using the Services, as determined by DMCHosting (Dalessi Marketing Company) in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm anyone in any way.

6. NO SPAM  

You agree DMCHosting (Dalessi Marketing Company) may immediately terminate any account if it believes, in its sole discretion, it is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

additionally, You agree to pay DMCHosting (Dalessi Marketing Company) liquidated damages of $2 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account. You also agree that if actual damages can be determined and exceed $2 per each piece of spam You agree to pay DMCHosting (Dalessi Marketing Company) 's actual damages. You agree to pay DMCHosting (Dalessi Marketing Company) $100.00 if it is required to utilize any of it's assets to research any alleged use of DMCHosting (Dalessi Marketing Company)'s equipment to send spam or unsolicited bulk email. You understand this $100.00 charge is a service charge, and is in addition to any liquidated damages you may be required to pay as a result of DMCHosting (Dalessi Marketing Company)'s findings.

You acknowledge You have read and understand and agree to be bound by the terms and conditions of DMCHosting (Dalessi Marketing Company) ’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all DMCHosting (Dalessi Marketing Company) Software and Services and are incorporated herein.

7. Email And Email Usage.

Each Email account can receive unlimited amounts of email, up to but not exceeding the Data storage and Bandwidth limitations on their hosting account.

Each Email account is allowed to SEND a maximum of 200 emails from their account per day.

8. INTELLECTUAL PROPERTY.

You agree that DMCHosting (Dalessi Marketing Company) or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You, and You agree to make no claim of interest in any such Services or Software.

9. FEES AND PAYMENT.

As consideration for the Software or Services purchased by You and provided to You by DMCHosting (Dalessi Marketing Company), You agree to pay DMCHosting (Dalessi Marketing Company) when you place the order.

10. Pay by PayPal

By using DMCHosting (Dalessi Marketing Company) ’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase DMCHosting (Dalessi Marketing Company) Software and Services using PayPal.

You agree and understand the DMCHosting (Dalessi Marketing Company) is not associated with Paypal or it's parent company, and that you are responsible for all aspects of your use of the Paypal service. You further agree DMCHosting (Dalessi Marketing Company) will be held harmless for any loss or damages you may sustain as a result of using the Paypal service.

11. DOMAIN NAME REGISTRATION.

You expressly understand that DMCHosting (Dalessi Marketing Company) does not provide Domain Name registration services directly from this site. Dalessi Marketing Company operates another Website: http://www.My-Website-Services.Com which offers automated services to facilitate our customers Domain Names Registration needs.

If a customer orders a Domain name through this site, it will be processed manually on a best effort basis only. We will attempt to register Domains or perform other Domain services such as transfer requests through the website we operate at http://www.My-Website-Services.Com. You are also hereby informed that http://www.My-Website-Services.Com is a reseller of Domain Names services and other products through Wild West Domains http://www.wildwestdomains.com . If you choose to use the services promoted on http://www.My-Website-Services.Com either through us or directly, you are required to agree and comply with all of the terms and conditions of that site. No modification of the terms, and or conditions will be allowed or accepted by Dalessi Marketing Company. If we are unable to register a domain name as requested by a customer, you agree that our sole liability will be to refund the amount paid by customer to us to register such domain name.

You understand that you will need to point your domain name to our DNS server in order to host your Website with DMCHosting (Dalessi Marketing Company). Our Domain name servers are as follows:

Domain name server 1 - NS1.DALESSI.COM

Domain name server 2 - NS2.DALESSI.COM

12. LIMITATION OF LIABILITY.

IN NO EVENT SHALL DMCHosting (Dalessi Marketing Company) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DMCHosting (Dalessi Marketing Company) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, DMCHosting (Dalessi Marketing Company’s) liability is limited to the full extent permitted by law. You agree that in no event shall DMCHosting (Dalessi Marketing Company) ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from DMCHosting (Dalessi Marketing Company) .  

13. DISCLAIMER OF WARRANTIES.

DMCHosting (Dalessi Marketing Company) expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. DMCHosting (Dalessi Marketing Company) makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. DMCHosting (Dalessi Marketing Company) does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

14. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless DMCHosting (Dalessi Marketing Company) and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with DMCHosting (Dalessi Marketing Company) whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from DMCHosting (Dalessi Marketing Company) or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold DMCHosting (Dalessi Marketing Company) harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere in this agreement. Should DMCHosting (Dalessi Marketing Company) be notified of a pending law suit, or receive notice of the filing of a law suit, DMCHosting (Dalessi Marketing Company) may seek a written confirmation from You concerning Your obligation to indemnify DMCHosting (Dalessi Marketing Company) . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that DMCHosting (Dalessi Marketing Company) shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify DMCHosting (Dalessi Marketing Company) of any such claim promptly in writing and to allow DMCHosting (Dalessi Marketing Company) to control the proceedings. You agree to cooperate fully with DMCHosting (Dalessi Marketing Company) during such proceedings.

You agree You will not be entitled to a refund of any fees paid to DMCHosting (Dalessi Marketing Company) if, for any reason, DMCHosting (Dalessi Marketing Company) takes corrective action with respect to Your improper or illegal use of its services. You also agree that if DMCHosting (Dalessi Marketing Company) is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with DMCHosting (Dalessi Marketing Company) , that DMCHosting (Dalessi Marketing Company) , in its sole discretion, may take whatever action DMCHosting (Dalessi Marketing Company) deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

15. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.

This agreement shall be deemed entered into in the State of California, United States of America. You agree that the laws and judicial decisions of Orange County, California, and the United States of America shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to, or arising out of this Agreement shall be brought in the courts of Orange County, California, United States of America.

You specifically agree to waive the right to trial by jury in any proceeding that takes place relating to, or arising out of this Agreement. You also agree that all disputes that can not be resolved through negotiation, will be submitted to binding arbitration in Orange County, California, The United States of America.

16. NOTICES.

You agree that all notices (except for notices concerning breach of this Agreement) from DMCHosting (Dalessi Marketing Company) to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with DMCHosting (Dalessi Marketing Company). In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to DMCHosting (Dalessi Marketing Company) shall be made either by email, sent to the address provided on the DMCHosting (Dalessi Marketing Company) Web site, or first class mail to Dalessi Marketing Company ’s address at:

Dalessi Marketing Company, Attn: Legal Counsel, 11432 South Street, #183, Cerritos, CA 90703

17. ENTIRE AGREEMENT.

You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and DMCHosting (Dalessi Marketing Company) regarding the Services contemplated herein.

18. WAIVER.

The failure of DMCHosting (Dalessi Marketing Company) to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of DMCHosting (Dalessi Marketing Company) thereafter to enforce such provisions.

19. FORCE MAJEURE.

DMCHosting (Dalessi Marketing Company) will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold DMCHosting (Dalessi Marketing Company) liable for any of the consequences of such interruptions.