The Client agrees that by placing an order either by means of electronic ordering (email) or submitting a written or verbal contract, and receipt of such order by DICP, that you are agreeing to our TOS. No modifications of said contract by customer is allowed.
DICP will provide, and the Client will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. The Client acknowledges that the service, and service fees have been communicated to the Client, and that they are aware of all applicable charges as per contract, and TOS. The Client also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
In connection with any Hosting Services, if the Client's actual bandwidth usage in any month exceeds allotted amount, specified in the Client's contract, The Client will pay DICP any additional fees as specified in the Service Description within three (3) days of invoicing period. Any bandwidth overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
Network uptime constitutes the total time in a calendar month that the DICP network is available through the Internet, provided that Client has established connectivity. DICP takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 95% of each calendar month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in DICP Network as confirmed by DICP. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide better service to you. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12 - 24 hours notice.
Payment and Fees
All fees are non-refundable. Establishment of this service is contingent upon receipt of payment from the Client to DICP. Subsequent payments are due on the first day of the month for that month’s service, unless the Client requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary account, will be prorated to the primary account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees / 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Hosting will be billed on an annual basis. The is based on the basic account and any features, but does not include extra bandwidth for any given month.
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $100.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by DICP will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00).
All Artwork designed for either the Client’s print media or for the Client’s Website, remain the property of DICP until paid in full. If paid by cheque the content will remain the property of DICP until the cheque clears the bank.
If a Client’s cheque is returned to DICP due to NFS (Non-Sufficient Funds) DICP reserves the right to cancel the Service provided to the Client. If the NSF cheque is for print media, the media must be returned to DICP until payment in full is made. A Service charge of $25.00 may apply.
DICP may temporarily deny service or terminate this Agreement upon failure of the Client to pay charges when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued service fees, or any collection fees.
Refunds and Disputes
All payments to DICP are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred.
The Clients Responsibility.
DICP is dedicated to providing a top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our clients while satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. DICP will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
DICP servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links include: Pirated software, hacker programs or archives, warez sites, IRC bots, and MP3 files distributed without the explicit permission of the copyright holders. The subscriber to DICP service agrees to indemnify and hold harmless DICP from any claims resulting from the use of the service that damages the subscriber or any other party.
DICP will be the sole arbiter as to what constitutes a violation of this provision.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data, or traffic. Interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
3rd party editing. We permit 3rd party editing on a per case bases. We do not permit a 3rd party to have a direct access to the server. In the event that 3rd party updates cause a problem with the clients website functionality, a charge of $80.00 per hour will be billed to the client to resolve this issue.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated or semi-dedicated server (depending on resources required) or reducing the resources used to an acceptable level.
DICP shall be the sole arbiter of what is considered to be a high server usage level.
Background Running Programs
DICP does not allow background daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
DICP does not allow IRC or IRC bots to be operated on our servers.
DICP performs monthly backups on all web clients to ensure critical files are never lost. However DICP is not responsible for lost data, time, income, or any other resource due to faulty backups or non-existent backups. It is the responsibility of the Client to backup their own data for redundancy.
The Client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password or any other vital information regarding the access to their site.
The Client is responsible for ensuring that their email accounts do not exceed their limits. The Client is to educate their employees about the ethical use of their email accounts. Email accounts are to be used in conjunction with the operation of the Client’s business. Any non-business use of the Client's email accounts that consistently cause the email accounts to reach 80% + or exceed their limit will result in the charging of $20.00 each time to reset the email account, billable to the Client.
DICP is a professional business that provides professional service. DICP does NOT monitor the amount or the content of a Client’s email. DICP can at the request of the Client terminate email accounts or redirect email accounts from employees that are no longer employed with the Client.
The Client is reminded of the non-secure nature of email in the open domain and the Client understands that DICP is not responsible for the security of the email that is sent or received by the Client.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a DICP server or using an email address that is maintained on a DICP machine is strictly prohibited. DICP will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a DICP server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $100.00 fine and will face an immediate suspension. This can also be applied to the forwarding of ‘joke’ emails to people on your email list.
Any attempts to undermine or cause harm to a DICP server or The Client of DICP is strictly prohibited. Any sub-networks of DICP and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Because of potential harm that can be done to the server, no 3rd party access will be granted to any client or their “web guru” to update the site. Updates to the site can be done by a 3rd party however the uploading of said updates to the server will be done via DICP. These update will be done under the assumption that all code used is in accordance to standard practices. We will not look at or alter the code before we upload it, however if we find that the new updates have cause problems on the website, or if the client complains that their site is no longer working correctly, we reserve the right to remove the updates. We will at a cost of $80.00 per hour repair the site to the state it was prior to the updates.
DICP will take necessary steps to register domain names on behalf of the client when requested. DICP will notify the client in writing by email that their domain is about to expire. However, clients are ultimately responsible for renewing their domain names. DICP does not take responsibility for failing to renew domain names. If your domain name was registered by our company, you will be notified by us it is about to expire, you must take appropriate actions to let us know that you want to renew a domain that is about to expire.
Actions Taken by DICP
The failure by a the Client to meet or follow any of the above policies/terms is grounds for account deactivation. DICP will be the sole arbiter as to what constitutes a violation of the TOS. DICP reserves the right to remove any account without prior notice.
When DICP becomes aware of an alleged violation of its TOS, DICP will initiate an investigation. During the investigation, DICP may restrict a the Client's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DICP may, at its sole discretion, restrict, suspend, or terminate a the Client's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DICP will notify the appropriate law enforcement authorities of such violation.
DICP does not issue credits for outages incurred through service disablement resulting from TOS violations.
The Clients agree to indemnify and hold harmless DICP from any claims resulting from the use of our services that damages them or any other party. The DICP service is provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DICP expressly disclaims any representation or warranty that the DICP service will be error-free, secure, or uninterrupted. No oral advice or written information given by DICP, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DICP and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
DICP reserves the right to add, delete, or modify any provision of this policy at any time without notice.