Terms of Service

To register or apply to any of DCWEBHOST.NET services the Client must agree and understand the Terms and Conditions contained in this agreement.

No IRC's, BNC's, Eggdrops, IkonBoard, Movabletype,Proxy scripts, UltimateBBS, BitchX, guardservices, psyBNC Unauthorized SHELL programs, Illegal or blatantly offensive material or Spamming from a site or server. Customers who will install and use these programs or materials on any server will be terminated without recourse and billed including the payment of the penalties. We will further pursue to the fullest extent of the LAW against the individuals responsible.

Any scripts that pose potential security risk or may affect the servers' performance will be removed from the server without prior notice.

ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT DCWEBHOST.NET DISCRETION

ACCEPTANCE OF TERMS

DCWEBHOST.NET provides the following service to Client, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.

DESCRIPTION OF SERVICE

DCWEBHOST.NET provides web hosting and domain registration services for Clients that wishes to publish their websites on the World Wide Web portion of the Internet to become available to third parties. Clients must apply for a hosting plan to be able to avail the services. Once the application is approved, each Client will be given a login account for the management of their websites. The files of the Clients will reside on DCWEBHOST.NET servers.

Hosting Service

DCWEBHOST.NET agrees to provide Client with services for hosting a website on the World Wide Web portion of the internet. Hosting Service would be base on the plan that the Client has availed from DCWEBHOST.NET. DCWEBHOST.NET shall provide these services so that the Client website is accessible to third parties via the World Wide Web portion of the Internet. Client agrees that DCWebHost.net is only responsible in providing the Hosting Services and will not be providing any services that were not included in the plan the Client has availed.

Client Content

Content on the website, is the responsibility and property of the Client. Within the confines of international and local law, DCWEBHOST.NET will generally not place a limit on the type or appropriateness of Client Content. Should Client Content be deemed illegal by such law having jurisdiction over the Client, Client agrees that DCWEBHOST.NET may submit all necessary information to, and cooperate with, the proper authorities. DCWEBHOST.NET has the right to exert editorial control over the website should Client Content may violate third party rights or which otherwise exposes or potentially exposes DCWEBHOST.NET to civil or criminal liability or public ridicule.

Limitation of Content

Client shall place only content that does not contain any materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right. Any materials placed on the website which does not satisfy the requirements shall be deemed to be a material breach of this Agreement.

Third-Party Applications

Third-Party applications that are available in the cPanel or Fantastico are FREE. Client may use these applications at their own risk. DCWEBHOST.NET will not be liable in any way for any data loss, interruption of service, or account damage that will be caused by these applications.

Spam

Client shall not send bulk e-mail, commonly know as spam, from or through their account. The use of Client's account in sending bulk e-mail shall be a material breach of this agreement and shall be grounds for immediate termination of Client's account without notifying the Client.

Availability of Website

The Client website is available to third parties on the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs and except for any loss or interruption of Hosting Services due to causes beyond the control of DCWEBHOST.NET or which are not reasonably foreseeable by DCWebHost.net, this include, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. In the event of any loss or interruption of Hosting Services, exceeds a continual period of twenty-four (24) hours, Client shall receive a credit against future Hosting Services equal to pro rata portion of Hosting Services fees for the period of downtime.

Backup

DCWEBHOST.NET leaves the entire responsibility to the Client for the management and backup of all client data, and all updates, upgrades, and patches to any software that the Client use in connection with the Hosting Services. In the event of hardware failure and data loss, Client is responsible for data restoration and DCWEBHOST.NET shall not be held liable for loss of data under any circumstances.

Domain Name Registration

As part of the initial Hosting Services, Client shall provide DCWEBHOST.NET with a registered domain name, or DCWEBHOST.NET shall register domain name(s) selected by Client provided that such domain name is available for registration and does not violate any ICANN or other registration services' policies, or any law or regulation. Client agrees to promptly reimburse to DCWebHost.net any fees paid by DCWEBHOST.NET to a domain-name registrar or other registration services with respect to the registration and maintenance of such domain name.

Domain Name Disputes

DCWEBHOST.NET shall not be liable for any domain-name disputes which Client may enter into or otherwise encounter. Such disputes shall be governed by the relevant ICANN dispute procedures adopted by the domain-name registrar with whom Client's domain-name has been registered.

Technical Support

Clients are only provided with email support. Support shall be provided in a first-come-first-serve basis to make it fair with other Clients.

Third-Party Application Support

Support for third-party application available in cPanel shall be provided by the application developers. For support kindly go to the developers' website. DCWEBHOST.NET will not guarantee on providing support for this applications.

PAYMENT

Hosting Fees

All account creations shall be done upon payment. Client shall pay DCWEBHOST.NET all fees for the Hosting Service according to the current Pricing for all plans. DCWEBHOST.NET expressly reserves the right to change its prices. Any payment without proof that is use for payment verification will not be honored. Refunds will not be issued without a valid reason.

30-Day Money Back Guarantee

All hosting plans carry a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. Additional items and services; domain name registration; domain parking plus; and overage fees does not qualify for the 30-Day Money Back Guarantee.

Setup Fees

Client shall pay DCWEBHOST.NET all setup/startup fees for the Hosting Services in accordance with the applicable monthly fee. The setup fee is NON REFUNDABLE payment, unless the DCWEBHOST.NET decides to give a complete or partial refund within 14 days of original payment.

Non-Payment

All payments are due in full on the monthly anniversary date. Failure to remit payment for services within fifteen (15) consecutive days including the monthly anniversary date shall result in automatic temporary suspension of the account without any notice. Failure to remit payment for thirty (30) consecutive days, including the anniversary date, shall result in automatic termination of the account without any notice.

Reactivation of Suspended Account

Reactivation of suspended account has a fee of Php 200.00.

Reactivation of Terminated Account

Reactivation of terminated account has a fee of Php 700.00.

DISCLAIMER OF WARRANTIES

CLIENT USE OF THE HOSTING SERVICE IS AT CLIENT SOLE RISK. THE HOSTING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DCWEBHOST.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

LIMITATION OF LIABILITY

CLIENT EXPRESSLY UNDERSTAND AND AGREE THAT DCWEBHOST.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DCWEBHOST.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE HOSTING SERVICE.

 

INDEMNITY

Client agree to indemnify and hold DCWEBHOST.NET, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Client's representations, warranties, or agreements hereunder; (ii) arises out of the negligence or willful misconduct of Client; or (iii) any of the Client Content to be provided by Client hereunder or other material on the Web Site infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

TERMINATION

Termination

DCWEBHOST.NET/Client may terminate this Agreement for any reason by providing written/email notice of termination to DCWEBHOST.NET/Client thirty (30) days prior to the termination date and refunding a pro rata portion of fees paid to Client for Hosting Services not yet rendered on the date of termination. If the Client has failed to inform the DCWEBHOST.NET for the account termination, the DCWEBHOST.NET has the right to hold the account including the domain and Client must pay all unpaid fees to resolve this matter.

Termination and Payment

Upon any termination or expiration of this Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement.

Domain Registration

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Website Development

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