|
Content
Restrictions
All services provided by DAPROSE may be used for
lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United States Federal,
State or City law is prohibited. Some prohibited contents are (but not
limited to) copyrighted material, material we judge to be unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, or material protected by trade
secret and other statute. The subscriber agrees to indemnify and hold
harmless DAPROSE, THEHOUSTONMALL.COM and its employees, from any claims
resulting from the use of the service which damages a subscriber or
any other party.
Ad
location (category)
At
DAPROSE's discretion and considering your suggestion, your ad
will be placed at one location only, (one category), the first ad is
first, the last ad is last. If there are no other ads in that category,
yours will be the first. DAPROSE may and will incorporate an
ad rotation policy at any time in order to provide a fair opportunity to
all advertisers.
Ad
design change
Provided
that you yourself produce your own ads, you can change your ad as many
times as you like. After the initial post of your ad, there will be a
symbolic flat fee of $49 per change to cover the cost of man-hours
involved. If we are chosen to produce a new ad for you, you will also be
billed an additional $199 for the new design. For the purpose of change,
a change to an ad is considered a new design.
Ad
category change
Although
DAPROSE reserves the right to place your ad in a matching
category, you can request a change of category as many times as you
like. After the initial posting, there will be a symbolic flat fee of
$49 per change to cover the cost of man-hours involved in changing
categories.
Ad
cancellation and no refund policy
Whether an
ad cancelation is initiated by you or by DAPROSE, (due to a
breach of policies, rules or regulations), or just by your own desire,
there is no reimbursement of any fees paid to DAPROSE
Pornography is prohibited
This
includes sites that include sexually explicit or hardcore images and/or
advertising. We allow sites of an adult nature, but we do not allow
pornographic sites. If you think your site may violate our Terms Of
Service, please ask us before signing up for an account so that we may
determine if we can host your site. DAPROSE reserves
the right to determine what is and what isn't acceptable for our
servers.
Any MP3 archives,
downloads and streaming is strictly prohibited in any shape or form.
DAPROSE will not
allow users to store, offer downloads or streaming of copyrighted mp3s
or those audio files violating copyright law. This would also apply to
video files. Any site found to be doing so will be removed immediately
from our servers without notice and refund, even if it is within the
initial period covered under our money back guarantee. We do allow
audio or video files that are not copyrighted to be stored, downloaded
or streamed from our servers.
Promulgation of viruses
Using
your account to store or distribute viruses is strictly prohibited. Any
violation or activity, whether or not the intrusion results in the
corruption or loss of data, will be investigated and proper action will
be taken. The presence of any of these programs, whether or not run,
will result in action against the user including suspension or
termination without refund.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to DAPROSE's servers or
any other server on the internet
Links to
such materials are also prohibited. Examples of unacceptable content or
links:
DAPROSE will be the
sole arbiter as to what constitutes a violation of this provision. Sites
found to contain (or contain links to) pirated software, hacking or
hacker programs will be shut down immediately and will not be allowed
back on the server. Any information or files on these servers will be
deleted shortly thereafter and you will never regain access to it.
Transfer (Bandwidth)
Each
Web Hosting
account (if you have chosen one) is allowed a certain amount of
bandwidth (please see our hosting plans page to see the amount allowed
for your plan). Should a client exceed it's limit, there maybe an excess
charge over the allocated amount. It should be noted that we seldom had
an instance where a client has been billed for extra transfers. Most of
our clients don't even come close to their limit per month. Please let
us know if you have any questions about this and we would be glad to
assist you.
Commercial Advertising
- Email
Since spamming is illegal in many states and countries we cannot afford
to let spam mail pass through our servers under any circumstances. If
you plan on using your account for unsolicited, bulk emailing please
stop right here and do not sign up for an account with us. Should
we discover that (1) you are sending spam through our servers -Or- (2)
sending spam that links to pages on our servers, your account will be
immediately deleted without notice and no refund of any kind will be
made. DAPROSE will be the sole arbiter as to what
constitutes a violation of this provision.
Background Running Programs
Clients are not allowed to operate any background processes
without prior approval from DAPROSE. We may allow
other non-abusive programs to run continually in the background but
these are considered on a case-by-case basis and an extra charge will be
incurred based on system resources used and operational maintenance
needed. Note that any account found to be running background processes
such as IRC bots, eggdrop, BitchX, port scanners will be suspended
without prior notice.
IRC
IRC, IRC bots or IRC clients are strictly prohibited to be operated on
our servers.
Server
Abuse
Your account may not be used to interfere with or disrupt the service or
servers or networks connected to DAPROSE, or disobey any
requirements, procedures, policies or regulations of networks connected
to DAPROSE Any violation will result in immediate removal of
the site from our servers without notice and refund of any fees paid in
advance.
Refusal
of Service
Depending on the severity, DAPROSE reserve the right
to refuse, suspend or cancel service at our sole discretion if client
violates any part of this Terms of Service. This is necessary in order
to prevent further damage. DAPROSE will take all reasonable
efforts to rectify the violation with the customer before canceling a
customer account.
Limitation of Liability
DAPROSE shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from DAPROSE
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, DAPROSE 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
DAPROSE servers. All damages shall be limited to the
immediate termination of service and the refund of the remaining unused
amount paid in advance, if any.
Reporting Abuse and Violations
Violations of these Terms of Service should be reported to
abuse@daprose.com
All complaints will be investigated promptly.
Account Activation
By
signing up for any of the services offered by DAPROSE,
client agrees to hold DAPROSE and any and all of its
officers, directors, stockholders and employees safe and harmless from
any and all actions, policies, negligent and criminal acts that may be
performed by client in connection with clients utilization of any and
all services provided by DAPROSE. The transfer of a
domain owned by a client to a server utilized by DAPROSE
or the use of our server so as to host a new domain shall constitute the
beginning of the use of services provided by DAPROSE
by client regardless of whether or not client has paid for said services
at any given time.
Account
Cancellations
In
order to maintain our low fees, they are calculated on a 1 year term
bases. We have a no-refund policy. In case a dispute arises regarding an
early termination of service, we will have to charge you separately the
prorated monthly charge fee you applied for, plus the setup fee ($55)
for starting your Web site, and again a setup fee ($55) for closing down
your Web site before the due date. When you need to cancel an account,
please email us at:
support@daprose.net and our
billing representative will be in touch with you if it is applicable to
your situation.
If you
would like to cancel your account before your Hosting Account is due for
Renewal, please contact us at least 7 days prior to the date that
you would like your account to be closed, or you may risk being
automatically re-billed for the next billing term.
DAPROSE will send
you an email reminder one month prior to your hosting account renewal
date. Should you decide to stay with DAPROSE or if you
would like to cancel, please reply to our email and let us know at least
7 days prior to the renewal date.
DAPROSE retains the right to change any or all of the
above Policies, Guidelines, and Disclaimer from time to time as maybe
required by law or as necessary in order to maintain the quality of
service.
|
