Terms of Service (TOS)

Privacy

d-formed.net will not sell, distribute, reveal, or otherwise make available any customer information. We contribute our time and help to anti-spam organizations. We are involved 100% in prosecuting spammers. Should we need to contact you directly regarding your specific account or service we will do so via email only.

Domain Names, Domain Transfers

In order for your domain name to point to the d-formed server your new account is on, you must change your DNS (Domain Name Servers) at your registrar. This process is not known as a domain transfer. d-formed.net will take necessary steps to register domain names on behalf of the client when requested. However, clients are required to ask, in email, for a renewal of there domain. d-formed takes no responsibility for renewing domains unless it has been asked to.

Payments

When you subscribe to our services, you are subscribing to a pre-paid service. Renewal notices are sent via email 15 and 0 days before the renewal date. Accounts 7 days past due will be disabled. Accounts 15 days past due will require a £15.00 GBP fee to enable. Please address any questions regarding payment to admin@d-formed.net.

Cancellations

If you wish to cancel your services, you must send an email to admin@d-formed.net requesting cancelation with your account details.
If you cancel your account and your payments still continue for any reasons such as 1) by fault of d-formed staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution. If a cancalation is required and the payment type for the account is yearly. The full year shall be charged and is non-refundable.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge you automatically if your account requires more resources. You must keep your email address with us updated, so that you may receive an email when your account reaches certain limits determined solely by our system. At which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination

If, for any reason, d-formed.net fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces d-formed.net to suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

UCE, UBE, Spam

d-formed.net has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". Spam is the act of sending unsolicited email. You will be cited with UCE/UBE abuse if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. If your d-formed Hosting-hosted site is referenced in any way within such an email, then you will be cited for UCE/UBE. Upon confirmation of abuse, any d-formed.net customer engaging in this practice will have their service suspended and terminated immediately without refund. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to be blacklisted.

Liabilities

d-formed.net makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall d-formed.net be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questional material or action until the website in question is brought to our attention by emailing admin@d-formed.net.

Service Level Agreement (SLA)

COVERAGE

This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with d-formed.net.

SERVICE LEVEL

d-formed endeavors to have network connectivity available for http access by third parties 99% of the time ("web site availability").

CREDIT

In the event that the uptime of any particular web site hosted by d-formed.net falls below 80% you will recieve credit on your account for one free month. If a customer is paying yearly, the monthly fee for his/her hosting package will be deducted from the yearly charge.

In order for you to receive this deduction on your account, you must request it within seven (7) business days after you experienced no web site availability so that we may check our stats and your stats. You must request this by sending an electronic mail message to admin@d-formed.net. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by d-formed. Deductions will usually be applied within sixty (60) days of your request. Credit to your account shall be your sole and exclusive remedy in the event that there is no web site availability.

RESTRICTIONS

Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond d-formed.net's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

LIMITATIONS

Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to d-formed.net. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by d-formed, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

Acceptable Use Policy (AUP)

d-formed.net is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. d-formed.net 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.

To report suspected abuses or any violations of these policies, please contact admin@d-formed.net.

ILLEGAL USAGE

d-formed.net 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: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to d-formed.net Hosting service agrees to indemnify and hold harmless d-formed.net from any claims resulting from the use of the service that damages the subscriber or any other party. d-formed.net will be the sole arbiter as to what constitutes a violation of this provision.

ILLEGAL CONTENT

d-formed.net does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez are allowed. When using an account with shell, you are not allowed to run ANY servers or services on the d-formed network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than £25.00 GBP, and no more than £75.00 GBP. d-formed reserves the right to terminate an account for these activities also.

SERVER RESORCES

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 services used. (which depends on the resource needed) or reducing the resource used to an acceptable level. d-formed.net shall be the sole arbiter of what is considered to be a high server usage level.

FILE USAGE & STORAGE

d-formed.net web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting company, not a remote file storage company. Any web site whose disk space usage for storing the files exceed 90% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

SECURITY

Users are prohibited from violating or attempting to violate the security of the d-formed Network. Violations of system or network security may result in civil or criminal liability. d-formed.net will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. d-formed.net will stop such Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. d-formed.net will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

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.

SERVER ABUSE

Any attempts to undermine or cause harm to a d-formed.net server or customer of d-formed.net is strictly prohibited. Any sub-networks and customers of d-formed.net 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.

CLIENT RESPONSIBILITY

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. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of d-formed.net's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of d-formed.net to provide this knowledge or support outside matter specific to d-formed.net servers.

BACKUPS

d-formed.net takes extreme steps to maintain system integrity. However, d-formed.net shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, d-formed.net recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All d-formed.net data backups are designed against hardware failure not customer user error.

ACTIONS TAKEN

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. d-formed.net will be the sole arbiter as to what constitutes a violation of the AUP. d-formed.net reserves the right to remove any account without prior notice.

When d-formed.net becomes aware of an alleged violation of its AUP, d-formed.net will initiate an investigation. During the investigation, d-formed.net may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, d-formed.net may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, d-formed.net will notify the appropriate law enforcement authorities of such violation.

d-formed.net does not issue credits for outages incurred through service disablement resulting from AUP violations.

d-formed.net customers agree to indemnify and hold harmless d-formed.net from any claims resulting from the use of our services that damages them or any other party. The d-formed.net service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. d-formed.net expressly disclaims any representation or warranty that the d-formed.net service will be error-free, secure or uninterrupted. No oral advice or written information given by d-formed.net, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. d-formed.net 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.

MODIFICATION

d-formed.net reserves the right to add, delete, or modify any provision of this policy at any time without notice.

REFUSAL OF SERVICE

We reserve the right to refuse, cancel, or suspend service at our sole discretion.