DesignHosting.Biz

Policy Information

Terms of Service

This Services Agreement (the Agreement) contains the complete terms and conditions which govern your subscription of Web Hosting, Web Design, Ecommerce and other Internet-related services provided by DesignHosting.Biz (the Services). As used in this Agreement, DesignHosting.Biz means Melinda L. Odom DBA DesignHosting.Biz and Client means you, the Web Hosting, Web Design, eCommerce customer of DesignHosting.Biz. By clicking on the Submit Order button, you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all Terms & Conditions posted on the DesignHosting.Biz site. As referred to in this Agreement, Site refers to a World Wide website and DesignHosting.Biz Site refers to the Site located at the URL
http://www.DesignHosting.Biz, or any other successor Sites owned or maintained by DesignHosting.Biz

DesignHosting.Biz provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Bandwidth & Storage Space

Client may use only the amount of network bandwidth on the DesignHosting.Biz Server that is allotted by their hosting option. If it is found that a customer is very close to their bandwidth allotment the customer will be notified to upgrade to the next option for hosting. Please be aware that monies for server upgrades must be in our office before the upgrade will take place. If monies are not received for bandwidth overage after notification your site will be suspended until paid.

If additional "bandwidth" is required in any given month the hosting option will be increased to the next hosting plan up to the DH4 hosting plan. The price difference will be paid before the upgrade. Additional "bandwidth" required after the DH4 hosting plan can be purchased in increments of 10000MB at a cost of $25 for each 10000MB increase for that month only. The "bandwidth" will revert back to the DH4 hosting option amount the next month. When bandwidth is exceeded on any hosting plan the server automatically suspends the site until the 1st day of the next month when bandwidth limits reset.

If additional "storage space" is required the hosting option will be increased to the next hosting plan up to the DH4 hosting plan. The price difference will be paid before the upgrade. Additional "storage space" required after the DH4 hosting option of 3GB can be purchased at $25 per GB.

Back-up Files

DesignHosting.Biz is not responsible for lost files or databases in case of a server/harddrive failure.

Client is responsible for making back-up files in connection with its use of the services. Backup capability is available through the Client's cPanel Control Panel and/or an FTP program (the ftp details are always sent to the client after registering for DesignHosting.Biz hosting services.

Domain Names

If you are hosting with DesignHosting.Biz and have sold your domain to another business or the domain ownership has changed at the domain registry the site will be suspended until such time as the new domain owner has filled out the hosting form to continue hosting with DesignHosting.Biz There will be an accounting fee of $25 to change to the new owner's accounting details.

SSL Certificates

SSL Certificates/Trust Logos that are purchased under the auspices of the DesignHosting.Biz Company Web Host Program are valid as long as client is hosting with DesignHosting.Biz as these certificates are verified by hosting with DesignHosting.Biz If hosting service is terminated the ssl certificate will be revoked. There are no refunds.

Payment Obligations Schedule

Payment for Hosting

BILL PAY WITH ONLINE BANKING (PREFERRED)

Please setup recurring payments according to your hosting option and send payments to:
Melinda L. Odom
1605 Dechard Street
Van Buren, Arkansas 72956

CHECKS/MONEY ORDER

If paying by check/money order for your new server, the check/money order must be received in our office before the hosting account will be setup.

Please make payable to:
Melinda L. Odom
1605 Dechard Street
Van Buren, Arkansas 72956

Payment for Web Design

50% web development due before web development begins plus the hosting setup & web hosting fees
50% web development balance due upon site completion plus any additional hours

After the web design service is completed and payment has not been received within 10 days of the invoice or after the customer cancels the service during development with a balance owing, the site will be suspended and there will be a $25 per month charge for non-payment until the matter is settled in court.

Payment for Ecommerce Setup

  • 50% ecommerce development due before ecommerce development begins plus the hosting setup & web hosting fees
  • 50% ecommerce development balance due upon ecommerce completion plus any additional hours

Time frame to finish your ecommerce store is 2-3 weeks contingent upon all text materials, graphics, etc. being made available to DesignHosting.Biz by the Client.

Web Design/Ecommerce Services

Client understands that the performance of DesignHosting.Biz is dependent upon timely submittal of information necessary for DesignHosting.Biz to perform contracted work. Client shall provide DesignHosting.Biz with information, including but not limited to: written content & photos within 10 days of contract execution. Client shall not provide any information that is copyrighted or trademarked in which Client does not hold the copyright or trademark to and/or does not have written permission to use. Client shall provide DesignHosting.Biz with such written permission upon request. In the event that Client does not provide the required information within the time specified herein, DesignHosting.Biz may terminate this Agreement with ten (10) days written notice to the Client.

Released Files

At the termination of this contract, any information, website, or domains that Client has provided or purchased from DesignHosting.Biz will be released to Client if Client does not have a balance of monies due on his account. If Client has a balance owing on his account then any Client information, materials, domains, etc. will not be released until payment is secured. As soon as payment is secured for all monies due, all information, materials, domains, etc. of said Client shall be released and files sent to said Client.

Suspensions for Web Development/Ecommerce

Any non-payment of web development/ecommerce work that has been billed at $50 per hour & approved by client to perform will be suspended after 10 days if payment is not received. If, after 30 days from the time of suspension, the web development/ecommerce work payment has not been received the website/ecommerce site in question will become the total property of DesignHosting.Biz, Inc, and, as such, can be sold or removed from DesignHosting.Biz servers. This applies to any ecommerce files, images, databases, customer databases, or any other files to do with the account.

Termination & Cancellation

Client will be terminated for any of these reasons.

1. Client has a 5 day grace period from the due date of their hosting contract which is the first day of each month of their billing cycle to pay hosting fees in full. On the 6th day the site will be suspended and late penalties will be charged in the amount of $50. Payment must be paid in full for the total amount of the hosting fee plus the late fee of $50 to have the site reinstated. If, at the end of 30 days from the billing due date, the hosting payment is not received the website in question will be terminated and all files will be removed from the server.

2. If a filing by Client of a voluntary petition in bankruptcy, the institution of proceedings in bankruptcy against Client and the adjudication of Client as bankrupt pursuant to such proceedings, or the taking by a court of jurisdiction of Client and its assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act.

3. If Client threatens, abuses or makes accusations against DesignHosting.Biz through emails, phone, or any other type of communication. Client will be notified approximately a week before termination by email of their hosting contract termination with DesignHosting.Biz On the last day of the month in which the threat, abuse or accusation takes place the contract is void and the site in question will be removed from the server. No hosting fees will be returned for any hosting contract, monthly, quarterly, semi-annual, or annual.

Notice

All Cancellation requests must be received Five (5) days prior to the cancellation effective date (end of current cycle date). Hosting agreements are terminated if one of the following takes place:

1. send an email to info@DesignHosting.Biz to cancel services
2. ask for a dns change or change your dns at the registry

All server cancellations are terminated on the day an email is received or a change in dns. There are no refunds for monthly, quarterly, semi-annual, or annual hosting upon termination.

If you terminate this Agreement you, the client, are responsible for having all data backed up including, but not limited to, file page, graphics, & databases to your website. DesignHosting.Biz will not be liable for any lost data.

Termination of this Agreement or termination of services shall not affect the provisions under these Terms of Service, which shall survive any termination. In the event that this Agreement is terminated by DesignHosting.Biz upon the occurrence of any of the events specified above, Client shall immediately remit payment to the DesignHosting.Biz for the balance of this Agreement. Failure of the DesignHosting.Biz to declare this Agreement terminated upon the default of Client for any of the reasons set out above shall not operate to bar or destroy the right of DesignHosting.Biz to cancel this Agreement by reason of any subsequent violation of the terms of this Agreement.

Acceptable Use

DesignHosting.Biz provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. However, certain activities are prohibited or restricted by DesignHosting.Biz For details, please read our Acceptable Use Policy, as use of our services constitutes acceptance of this policy.

Legal

Relationship of Parties

DesignHosting.Biz is independent of the Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon the Client's sole discretion to terminate this Agreement at any time without cause. DesignHosting.Biz further agrees to be responsible for all of DesignHosting.Biz federal and state taxes, withholding, social security, insurance, and other benefits.

Terms

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services to which you have subscribed either by the hosting order form or verbal registration with a deposit.

Client Liability and Indemnification

Client agrees to indemnify, defend, and hold the DesignHosting.Biz and its successors, officers, directors, agents and employees harmless from and against any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Client. Client and DesignHosting.Biz will give each other prompt and reasonable notice of any claim made or actions instituted which in any way directly or indirectly affects or may affect each other, and each party shall have the right to investigate, compromise, and defend the same to the extent of its own interests. DesignHosting.Biz shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of DesignHosting.Biz selection without relieving Client of any obligations hereunder. Any final judgment rendered against the DesignHosting.Biz for any cause for which Client is liable hereunder shall be conclusive against Client as to liability and amount. Client's obligations herein shall survive any termination of this Agreement.

Client shall pay to DesignHosting.Biz all expenses incurred by DesignHosting.Biz in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Client, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by DesignHosting.Biz

In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney’s fees.

Client Content

Client agrees that it will not distribute, electronically transmit, or display any materials to or from the DesignHosting.Biz server which:

1. Violate any state, federal, or international laws or regulations
2. Infringe on any intellectual property rights (e.g. copyright, trademark, patent, or other proprietary rights) of DesignHosting.Biz or any third party;
3. Are defamatory, slanderous or libelous;
4. Are threatening or harassing;
5. Are discriminatory based on gender, race, or age;
6. Promote hate or violence;
7. Violates any DesignHosting.Biz policy posted on the DesignHosting.Biz site including, but not limited to those listed in our Terms of service (TOS);
8. Contain viruses or other computer programming defects which result in damage to DesignHosting.Biz or any third party; or
9. Are considered spam

DISCLAIMER OF WARRANTY ON SERVICES

The DesignHosting.Biz SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE DesignHosting.Biz SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. DesignHosting.Biz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DesignHosting.Biz SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL DesignHosting.Biz (Melinda L Odom DBA DesignHosting.Biz) BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE DesignHosting.Biz SITE OR ANY DesignHosting.Biz PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL DesignHosting.Biz CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWENTYFIVE DOLLARS ($25 US).

THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE MATERIAL TO THIS AGREEMENT.

Miscellaneous

Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provisions or portions thereof shall be deemed omitted.

Integration

This Agreement, including the Exhibits, attachments, and/or any addenda, represents the entire agreement of the parties with respect of the subject matter hereof and supercedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties. No obligations beyond those set forth in this Agreement shall be assumed.

Notices

Notices to DesignHosting.Biz provided for herein shall be hand delivered or sent by mail, postage prepaid, addressed to:

Melinda L. Odom DBA DesignHosting.Biz
1605 Dechard Street
Van Buren, Arkansas 72956
info@DesignHosting.Biz

Disputes

Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in state or federal court in Arkansas. Each party: submits to the jurisdiction of such court; waives the defense of an inconvenient forum; agrees that valid consent to service may be made by mailing or delivery of such service to the party at the party's last known address, if personal service delivery can not be easily effected; and authorizes and directs the Agent to accept such service in the event that personal service delivery can not easily be effected. Each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by DesignHosting.Biz. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules.

Policy Changes

The DesignHosting.Biz Terms of Service (TOS) & Acceptable Use agreements are subject to change by DesignHosting.Biz without notice. Continued usage of the Services after a change to this Agreement by DesignHosting.Biz or after a new policy is implemented and posted on the DesignHosting.Biz website constitutes your acceptance of such change or policy.

 

Acceptable Use

As a provider of web site hosting, and other Internet services, DesignHosting.Biz offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. DesignHosting.Biz respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, DesignHosting.Biz reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, DesignHosting.Biz has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing the DesignHosting.Biz services. This AUP will be revised from time to time. A customer's use of the DesignHosting.Biz web site, www.DesignHosting.Biz, after changes to the AUP are posted will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

Your privacy is very important to us!

DesignHosting.Biz values your privacy.  We will not share personal information on clients or visitors to our web site nor place cookies on your computer. We have log files that do contain statistics on the number of page views and referring sites. This allows us to concentrate our efforts on advertising and search engine listings.  This information is not shared with outside parties. DesignHosting.Biz will send out notices of server upgrades or updates.  Other than this emailing, we do not send out bulk email, and will NOT make your name or email address available to others. Please contact us if you have any questions.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others. When information is disseminated through the Internet, they also must keep in mind that DesignHosting.Biz does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the DesignHosting.Biz network and may reach a large number of people, including both clients and non-clients of DesignHosting.Biz, clients' postings to the Internet may affect other clients and may harm goodwill, business reputation, and operations of DesignHosting.Biz

For these reasons, clients and their customers, affiliates, or subsidiaries engage in the following prohibited activities constitutes a violation of the DesignHosting.Biz Acceptable Use Policy (AUP).

UCE / Spam
Banned Scripts
Harmful Community Content
Copyright Infringement
Resource Usage Abuse
Misc. & Other Activities

UCE/Spam

The abuse and misuse of email is a serious problem, and DesignHosting.Biz will not tolerate it.

Definition of UCE
Repercussions of spam
Consequences/Penalties for Spamming
Basic Mailing List Management Principles

Definition of UCE (Unsolicited Commercial email), or SPAM

1. The bulk UCE, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to DesignHosting.Biz or any URL (domain) that is hosted by DesignHosting.Biz.
2. Unsolicited postings to newsgroups advertising any IP or URL hosted by DesignHosting.Biz.
3. The use of web pages set up on ISP's that allow SPAM-ing (also known as ghost sites) that directly or indirectly reference customers to domains or IP addresses hosted by DesignHosting.Biz.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
5. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) web site

Repercussions of SPAM

Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

SPAM is not only harmful because of its negative impact on consumer attitudes toward DesignHosting.Biz, but also because it can overload our server resources.

Consequences/ Penalties for Spamming

DesignHosting.Biz reserves the right to terminate, without warning, any account that violates this policy. Usage of DesignHosting.Biz services constitutes acceptance and understanding of this policy.

DesignHosting.Biz may, at its option, charge $100.00 per SPAM complaint we receive from our servers. These are non-refundable charges and will be invoiced at the time of complaint notification.

DesignHosting.Biz reserves the right to decide what it considers SPAM, UCE, mail bombing, or bulk email, and to determine from all of the evidence whether or not the email recipients were from an opt-in email list.

Should you choose to email from the DesignHosting.Biz servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing email abuse.

Basic Mailing List Management Principles for Preventing Abuse

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to email. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1. The email addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an email message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

3. Mailing list administrators should make an out of band procedure (e.g., a means of contact by which messages may be sent for further correspondence via email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a suppression list of email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring opt-in lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other DesignHosting.Biz Terms & Conditions are subject to change by DesignHosting.Biz without notice. Continued usage of the services after a change to this policy is implemented and posted on the DesignHosting.Biz, www.DesignHosting.Biz, web site constitutes your acceptance of such change or policy. We encourage you to regularly check our Terms & Conditions for further information.

Harmful Community Content

What does DesignHosting.Biz considers "Harmful Community Content"?

Any and all adult content

1. Any adult site whose revenue is gained in part or whole from its adult content.
2. Photos or videos showing nudity on either men or women.
3. Hyperlinks to adult sites, including but not limited to sites who violate these policies.
4. Sites that sell or promote 'adult' material, including but not limited to adult toys.
5. Sites that advertise, promote, or have discussion boards that share any information promoting information that is 'adult' in nature.
6. Sites that promote hate against the United States of America in any form whatsoever.
7. Any and all sites or ecommerce stores advertising or selling any witchcraft objects, necromancy objects, or sites that have to do with any and all occult practices.
8. Any sites promoting hate speech or hate crimes.

DesignHosting.Biz reserves the right to decide what it considers Harmful Community Content before we will allow hosting on our servers. Any sites wanting to transfer over to DesignHosting.Biz servers for hosting will be reviewed for content before accepting as a hosting customer.

Please email info@DesignHosting.Biz for review of your content and/or site.

Resource Usage Abuse

What does DesignHosting.Biz consider "System Resource ABUSE"?

Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. DesignHosting.Biz is the sole determinant of what constitutes degraded server performance.

Why does DesignHosting.Biz have this policy?
What happens if I violate this policy?

Server Speed and Fairness to others. Each client is sharing space on our dedicated server. As such, there are many accounts per machine. In all fairness, DesignHosting.Biz cannot allow one or two clients to use all of the System resources and have all other clients on the machine suffer because of it. Excessive usage by one or more clients causes extreme slowness in all areas: FTP, SSH, web sites and more. If the CPU, disk I/O and/or memory usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

Examples include, but are not limited to:

1. Flat File Database Driven Forums
2. Background Running Processes
3. Mailing Lists
4. Exploitable Scripts

Flat File Database Driven Forums

Due to their use of flat files instead of databases, DesignHosting.Biz does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. DesignHosting.Biz suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.

Background Running Processes

Background Daemons in general are prohibited on DesignHosting.Biz servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Mailing Lists

We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of emails off of a given server at any one time can impact the performance of the server.

Exploitable Scripts

Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts page.

What happens if I violate this policy?

All accounts that are found to be using excessive amounts of system resources will receive an email warning from DesignHosting.Biz This warning will inform you that the site is using excessive system resources. DesignHosting.Biz will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may have no other option but to suspend the account immediately to bring performance of the server back to an acceptable level. However, advance notice will be given if at all possible.

Banned Scripts

Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep our servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers. Whenever possible, we will notify our customers in advance.  We will also attempt to keep this page updated with current scripts which will require removal from our servers.

This list includes script/program names, reason for ban, and provide alternative options for our customers whenever possible.

Banned Scripts and Alternatives

Script or Program

Version/Type

Reason

Alternate Options

Matt Wright's Formmail, Jack's Formmail, & phpformmail classic formmail 1.91 Exploitable to send UCE/spam Tectite Formmail
YABB, yappa-ng, or UBB all versions Resource intensive vBulletin or phpBB

Copyright Infringement / Intellectual Property

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. DesignHosting.Biz is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also the policy of DesignHosting.Biz to terminate the privileges of customers who commit repeat violations of copyright laws.

Reference: Digital Millennium Copyright Act (DMCA) :
http://www.copyright.gov/legislation/hr2281.pdf

DMCA Notices can be sent to:

DCMA Notices
DesignHosting.Biz
1605 Dechard Street
Van Buren, Arkansas 72956
email: abuse@DesignHosting.Biz

Miscellaneous and Other Activities

Other specific activities that are against our Acceptable Use Policy include the following:

Defamatory or Abusive Language
Facilitating a Violation of our TOS
Other activities DesignHosting.Biz determines to be harmful

Defamatory or Abusive Language

Using DesignHosting.Biz servers as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.

Facilitating a Violation of our TOS

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Other activities DesignHosting.Biz determines to be Harmful

Engaging in activities, whether lawful or unlawful, that DesignHosting.Biz determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. DesignHosting.Biz will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with DesignHosting.Biz policy or applicable law. When DesignHosting.Biz becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, denying access to the Internet, or take any other action it deems appropriate.

DesignHosting.Biz also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, DesignHosting.Biz urges its clients to assume that all of their on-line communications are insecure. DesignHosting.Biz cannot take any responsibility for the security of information transmitted over DesignHosting.Biz facilities.

DesignHosting.Biz will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. DesignHosting.Biz may disclose information, including but not limited to, information concerning a client, a transmission made using our servers, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. DesignHosting.Biz assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice.

Finally, DesignHosting.Biz may disclose client information or information transmitted over its network where necessary to protect DesignHosting.Biz and others from harm, or where such disclosure is necessary to the proper operation of the system.

Any complaints about a client's violation of this AUP should be sent to:
abuse@DesignHosting.Biz