Acceptable Use and Indemnification Policy
Jump to a Topic:
Diamond Sun Hosting is the hosting business of AHONU & Aingeal Rose, hereinafter
known simply as Diamond Sun. Diamond Sun reserves the right to change this Policy any
time, so please, check this page at least once a month or when in doubt.
Diamond Sun 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 Diamond Sun customers and us against such harm.
Diamond Sun is committed to a zero-tolerance, anti-Spamming policy. Under this policy,
we prohibit Spam, or any violation of Federal or State laws related to Spam, from being
sent either: Over the Diamond Sun Hosting network, by customers or any other users of the
Diamond Sun network (including customers' customers); AND/OR over ANY
network— if the message sent advertises or mentions a site hosted
on the Diamond Sun Hosting server. We also prohibit the selling products that can be used
for spamming.
We react quickly and seriously to violations, and we further reserve the right to
terminate the services, without prior notice, of any customer disregarding this
policy.
If you have any complaints or comments regarding Spam on our network, please direct
them via email to abuse@DiamondSunhosting.com.
- back to top -
Diamond Sun is only responsible to the present owner of the Web hosting space. We
verify ownership by credit card number (if paid for by credit card), name, address, email
address, username, & password. If you give this information to any other party or
give access to your email address on your account to another party, you risk having your
Web site and any other information on your account changed and/or deleted. We are not
responsible for any information on your account should you reveal this information to
another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we
advise you to receive payment for your work before you publish it to our servers. Once
the Web site is published to our servers the account owner has retained ownership of that
content.
- back to top -
All services provided by Diamond Sun 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. This includes, but is not
limited to: copyrighted material, trademark, intellectual property, material we judge to
be threatening or obscene, or material protected by trade secret and other statute
without proper authorization. The subscriber agrees to indemnify and hold harmless
Diamond Sun from any claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related links or merchandising is prohibited on all Diamond Sun
servers. This includes sites that may infer sexual content, or links to adult content
elsewhere. Diamond Sun will be the sole arbiter in determining violations of this
provision.
Also prohibited are sites that promote any illegal activity or present content that
may be damaging to Diamond Sun servers or any other server on the internet. Links to such
materials are also prohibited. Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Pornography or Adult Material
Diamond Sun will be the sole arbiter as to what constitutes a violation of this
provision. Diamond Sun does not host competitor sites or web pages promoting sites of its
competitors.
Any deliberate attempt to cause damage to Diamond Sun or any other Internet servers
will result in immediate account deactivation without prior notice. No refund is given in
this case.
- back to top -
Diamond Sun may not be the source, intermediary, or destination address involved in
the transmission of any unsolicited email, email bombs, hate email, or any mass email.
Your email account may not be referenced as originator, intermediary, or reply-to address
of such email. We consider mass email as any email messages sent to more than 10,000
email addresses in one day or more than 10 news groups.
Email accounts should be kept below 10 MB in total. If your email account becomes
greater than 10 MB, Diamond Sun reserves the right to move the email to another server
and delete it after 30 days. The owner of the email account will be contacted
before we move the mail. If your mail has been moved please contact Diamond Sun
Tech Support via Online chat or email to correct
the situation before the emails are deleted. This is normal for most accounts since
email is typically accessed on a regular basis using an email client such as Outlook,
Outlook Express or Eudora.
Diamond Sun accepts no responsibility for viruses that may be transmitted to you via
email, ftp, http or any other means of electronic transfer. Diamond Sun does provide some
virus scanning on its servers. We are monitoring for viruses that could affect our Linux
servers, and not viruses that could affect other operating systems like Windows.
Therefore, we cannot prevent the transmission of viruses to your computer system via the
Internet. It is the responsibility of the client to ensure they have Virus Software and
that it is updated regularly.
- back to top -
Diamond Sun does not allow chat rooms. You can however link your site to a chat
provider. Some examples of chat providers are: www.livepersononline.com, www.liveperson.com and www.boldchat.com.
- back to top -
Each account comes with its own CGI-bin. You are free to use any CGI
scripts you wish, however we reserve the right to disable any CGI script that effect
normal server operation or service to other Diamond Sun customers. For the protection of
all our customers, we also reserve the right to discontinue service to those customers
who continue to run scripts that effect normal server operation. No chat rooms or similar
scripts allowed.
- back to top -
Diamond Sun allows the hosting of multiple websites on our shared services per the
following guidelines. The number of sites is restricted based on the type of shared
hosting plan purchased. Check our Hosting from Diamond Sun Hosting Compare Plans page to see how many sites are allotted to a particular plan. Additional sites share the transfer, disk space, email, and mySQL allotments granted the initial plan. Only 1 control panel is
provided. Subdomains (of the form "subdomain.domain.com") are considered additional sites
and deduct from the available site total in the same manner as completely separate
domains.
- back to top -
Diamond Sun imposes very generous traffic limits that most sites never reach, unless
they offer shareware, sound, video, image and multimedia archives, or mirror sites or any
site whose primary purpose is file distribution.
Diamond Sun customers are discouraged from storing any files that cause excessive
traffic on Diamond Sun servers. Such material is limited to no more than 5 GB of
multimedia files (jpeg, mp3), no more than 5 GB of archive files (rar, zip, tar), and no
more than 5 GB of "compiled" files (exe, pdf, psd). Please contact Diamond Sun Technical
Support team for more information. Again, 99% of the sites do not fall into this category
and never reach our traffic limits.
We reserve the right to charge additional fees for sites that exceed our generous
traffic limits. Sites that exceed their traffic limits will be suspended without prior
notification if they do not purchase add-on traffic packages.
- back to top -
While full backups are made weekly, and backups of new/changed data made nightly, it
is the responsibility of each customer to make their own backups. Backups are kept no
longer than prior 4 weeks. No guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups are made for server restoration
purposes only. It is the clients' responsibility to maintain local copies of their web
content and any information on their account including but not limited to clients
website, email, databases, mailing lists, and archives. The "Archive Manager" is
included in each hosting plan and client can use this tool to back up their files.
If loss of data occurs due to an error of Diamond Sun, we will attempt to recover the
data at no charge to the client. If data loss occurs due to negligence of client in
securing their account or by an action of the client, Diamond Sun will attempt to recover
the data from the most recent archive for a $99.99 fee.
- back to top -
We reserve the right to refuse service to anyone for any reason not prohibited by law.
Also we reserve the right to terminate service to any customer for any reason not
prohibited by law. You agree to use all Diamond Sun services and facilities at your own
risk. Diamond Sun specifically disclaims all warranties of merchantability and fitness
for a particular purpose. In no event shall Diamond Sun be liable for any loss, or loss
of data, or other commercial damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees that it shall defend, indemnify, save and
hold Diamond Sun harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney’s fees asserted against Diamond
Sun, 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,
it’s agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Diamond Sun against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed
in connection with Diamond Sun's servers;
- any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Diamond Sun's
servers.
Diamond Sun shall be the sole judge of what violates this Policy.
Diamond Sun is only responsible to the present owner of the Web hosting space. We
verify ownership by credit card number (if paid for by credit card), name, address,
username, & password. If you give this information to any other party you risk having
your Web site and any other information on your account changed and/or deleted. We are
not responsible for any information on your account should you reveal this
information.
- back to top -
Client agrees to use the phone or email Help Desk for technical support issues. Client
agrees not to abuse this resource. Diamond Sun shall have sole authority to
determine violations of this policy.
- back to top -
By signing up for hosting with Diamond Sun, you are agreeing that your hosting account
will be automatically renewed, and your credit card will be charged (if you are paying by
credit card). Payment is due each anniversary (one month, three months, six months, one
year, or two years) following the date the account was established. Your credit card will
be automatically charged on your anniversary (if you are paying by credit card) unless a
cancellation request is directed to our billing department via phone (Contact Information). All payment-due notices will be sent by
electronic mail with a 5 day grace period for payment. No bills or invoices will be sent
by postal mail or fax. Additional features can be added at any time. Monthly feature
prices are not prorated. Diamond Sun reserves the right to change prices or plans at any
time.
NOTE: Diamond Sun Hosting charges a $25.00 fee for returned checks as well as charge
backs. For international customers: check or money order funds can be drawn on Euro
accounts.
Accounts that are five (5) days past due will be automatically suspended. All past due
and unpaid balances are subject to collection, and will be referred for collection when
thirty (30) days past due. In the event of collection, you will be liable for costs of
collection including attorney's fees, court costs, and collection agency fees.
- back to top -
A $19.99 service fee will be assessed in the event of a plan downgrade.
- back to top -
You may cancel at anytime. To cancel your account, please contact our billing
department by phone at +1-224-588-8026.
Refunds will be offered in the following manner:
Customers on Quarterly or Greater Billing Cycle: May receive a refund for
unused balance with no discount on fees for services rendered. For example, if a customer
is on a 12-month billing cycle and a requests cancellation seven (7) months into the
contract, the refund will be calculated based on the total amount paid for the billing
cycle less a recalculated monthly rate for the seven months used.
Customers on a Monthly Billing Cycle: Customers with monthly billing will not
be offered a refund for unused time.
Setup fees, restoration fees, late fees, domain registration fees, and most software
license fees are non-refundable.
Accounts cancelled/terminated by Diamond Sun for violating our Acceptable Use Policy
do not qualify for refunds.
A $99.99 fee will be assessed if Diamond Sun restores your data files to your
reactivated account.
Cancellation requests must be received by Diamond Sun a minimum of thirty (30) days
prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten
(10) days prior to the end of your Billing Cycle for all other plans. Cancellations
submitted later than this time may result in automatic renewal of your hosting plan.
Cancellations become effective on the day processed by Diamond Sun. Diamond Sun will
confirm the cancellation request when it is processed. If you do not receive a
confirmation, please contact Diamond Sun as soon as possible.
- back to top -
- You must follow our steps to becoming a reseller which includes filling out our
Reseller Credit Card Authorization form before you may resell for Diamond Sun Hosting.
For more information go to our Resellers Page.
- You provide billing to your customers. We do not bill your customers. We bill
you for the domain name and space, then you turn around and bill them for your cost from
us and your services in addition to that.
- We can only allow you to be a reseller if you are paying by credit card or
PayPal.
- Actual or attempted violations of policy by a customer's end user shall be considered
violations of the policy by the customer regardless of intention and will be acted upon
accordingly.
- Your customers are given a limited amount of transfer and if we feel that one of your
customers are using up more transfer than allocated or are taking up too much of the CPU
usage then we will need to pass some of the extra cost on to you and you will need to
pass it on to your customer. You will need to put that in your terms and conditions
for the hosting. You can monitor your customers bandwidth in their control panel.
- You agree that neither you nor your customers can hold us responsible for services
that you offer.
- Your customers have to abide by the same terms and conditions as you do, or we have
the right to cancel any of your reseller accounts.
- If you abuse our services, we reserve the right to cancel your account, which will
also cancel your customers accounts.
- We reserve the right to remove the link to a reseller's Web site on our Web Design
page if it has been determined that the reseller is affiliated in any way with a
competitor of Diamond Sun, if it has been determined that the reseller is not
representing Diamond Sun professionally or appropriately, or if it has been determined
that the reseller has violated our Acceptable Use Policy.
- back to top -
All Shared & VPS Hosting plans include a 30 day money back guarantee. If you are
dissatisfied with your service for any reason, you will receive a full refund (minus
setup fees and overage charges) if you cancel your account within 30 days of the
activation of your account.
Our refund policy does not apply to any additional items or
services; this includes but is not limited to Data Storage, Data Transfer, MySQL
Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as
well as Reseller programs. This money back guarantee is not available after 30 days. Any
request for cancellation must be received via phone contact with our Billing Department and you will
receive a confirmation upon the cancellation of your account. Cancellations over informal
email are not accepted.
The 30 day money back guarantee does not apply to
reseller accounts, dedicated servers,
or any fees associated with these accounts.
Accounts cancelled/terminated by Diamond Sun for violating our Acceptable Use Policy
do not qualify for the 30-day money back guarantee. For example, if your account is
cancelled due to spamming, you will not be given any refund.
Please allow 4-6 weeks for refunds of check or money order payments.
We may modify any of the terms and conditions
contained in this Acceptable Use Policy, at any time and in our sole discretion, by
posting a change notice or a new agreement on our site.
- back to top -
|
