| Terms and Conditions |

DCM Hosting Terms & Conditions Disclaimer

In no event shall DCM Hosting be liable for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or profit, arising out of or in connection with the use or performance of the information on this site, even if DCM Hosting shall have been advised of the possibility of such, and whether based in an action in contract, or any other theory of liability.

All services provided by DCM Hosting 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, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless DCM Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Non-Acceptable Content

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. DCM Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Examples include the following:
• Hackers programs or archives
• Warez Sites
• Porn
• Spamming Software

DCM Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Refunds

Payments for DCM Hosting packages can be refunded within 31 days of the activation of the hosting service. Domain name registrations are non-refundable. When refunding hosting packages with domain name registration included DCM Hosting reserves the right to withhold a part of the payment to cover the cost of the domain name registration. The amount withheld would not be higher than the price of a domain registration offered by DCM Hosting. Refunds after the 31 days period after activation of the service can be issued at DCM Hosting's sole discretion on a case-by-case basis.

Services support, Data Loss & Disclaimer

DCM Hosting provides support for its online services to the extent that the services are functional. DCM Hosting is not responsible for unavailability of its services caused by misconfiguration or errors on the side of the customer.

Data Loss
If you choose to maintain your website, DCM Hosting services is at your sole risk. DCM Hosting is not responsible for any files and/or data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain appropriate backup of files and data stored on DCM Hosting's servers. This situation only occurs when a customer choose to maintain and update their website at their discretion. Most likely there are other backups on external hard drives but this is not guaranteed. Each customer will receive a master copy of the original website (updated sites must be requested to keep backup files up-to-date).

Disclaimer
DCM Hosting is not be responsible for any damages your business may suffer. DCM Hosting makes no warranties of any kind, expressed or implied for services provided. DCM Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DCM Hosting.

Hosting Server, CPanel and More

A hosting server will be responsible for any downtime but the server is usually up 99.9% of the time. This time will occur when major system maintenance or updates are being conducted. All the customer accounts that use a DCM Hosting package will have CPanel access along with optional CGI scripts and other quick controls to help maintain a website. Customers must manually add the scripts and additional content manually. Customers also are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by DCM Hosting is not allowed.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Distribution and/or Transmission of Obscene or Indecent Speech or Materials Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through DCM Hosting Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DCM Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DCM Hosting Network. If you use a domain name in connection with the DCM Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the DCM Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DCM Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Account Renewal and Domain Registration

DCM Hosting does not support expired hosting accounts or domains. If client wants to keep domain registered by DCM Hosting and host it with another hosting company he/she must issue domain transfer at least 15 days before expiration date of this domain. DCM Hosting do not have rights over clients' domains and agrees to provide assistance only if client have kept to 15 day term. We do not care responsibility for any domains passed their expiration date.

Refusal of Service

DCM Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of DCM Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam Or Unsolicited E-Mail

You must not use the DCM Hosting Network or any DCM Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DCM Hosting Network or any DCM Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, DCM Hosting reserves the right to disable your domain. In addition, DCM Hosting may impose a $100 penalty for each spam policy violation. DCM Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, DCM Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. As such, any violation will result in immediate deactivation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, swear at, offend or cause harm to the DCM Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold DCM Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DCM Hosting, 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 DCM Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DCM Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of DCM Hosting to the amount paid for service. DCM Hosting will not be responsible for any damages your business may suffer. DCM Hosting makes no warranties of any kind, expressed or implied for services we provide. DCM Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DCM Hosting. We reserve the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. DCM Hosting furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, DCM Hosting wishes to emphasize that in accepting services, customers indemnify DCM Hosting for the violation of any law or DCM Hosting policy, that results in loss to DCM Hosting or the bringing of any claim against DCM Hosting. This means that if DCM Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DCM Hosting, plus costs and reasonable attorneys' fees. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. DCM Hosting reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.