DeskTop Works Terms of
Use
DeskTop Works provides Internet World Wide
media stream hosting, Marketing, and Development. DeskTop Works has certain legal and ethical responsibilities consisting with
the use of its server and equipment involved in these services.
DeskTop Works general policy is to act as a provider of a
media Internet presence. DeskTop Works reserves the right
to suspend or cancel a customer's access to any or all services
provided by DeskTop Works when we decide that the account
has been inappropriately used in any manner we see non-fit.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of
DeskTop Works is strictly prohibited.
Unauthorized use of other people's accounts or computers DeskTop Works will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people into
releasing their passwords), password robbery, security hole scanning
etc.
Any unauthorized use of accounts or computers by a DeskTop Works customer, whether or not the attacked account or computer
belongs to DeskTop Works, will result in action against the
attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the
seriousness of the attack.
IMPORTANT NOTE - DeskTop Works has the right to discontinue
service, or deny access to anyone who violates our Policies or the
terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No
refunds of fees paid will be made if account termination is due to
violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or
anything else determined by DeskTop Works to be
unacceptable use of DeskTop Works' services including
abuse of server resources.
Shared hosting accounts may be terminated that include the following
content or which have links to the following content:
Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or
profanity
Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual
Displaying material containing obscene nudity or pornographic
material (not applicable to managed dedicated servers)
Displaying material that exploits children under 18 years of age
Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities
Abuse of Unlimited Traffic
DeskTop Works' customers are privileged to be offered
unlimited traffic for their web sites. The intention of DeskTop Works is to provide a large space to serve web documents, not an
off site storage area for electronic files. All (90%) of your web
pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored
on DeskTop Works' server. Web sites that are found to
contain either/or no html documents, a large number of unlinked
files are subject to warning, suspension or cancellation at the
discretion of DeskTop Works management. Any customer who
violates DeskTop Works' Policies in abusing either
space/site transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted period,
the client will be billed for the overages.
To maintain the integrity of our shared hosting service the
following limitations apply:
Sites with banners, graphics or cgi scripts running from their
domain used on other domains. Sites with picture galleries (This is
any site where 50% of the files transferred is graphics) Sites
offering download files or archives. (This is any site where 50% or
more of there monthly traffic is from file downloads). Sites using
more than 30% of system resources for longer than 60 seconds. Sites
running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic
will go unmonitored until you reach 20 GB per month. Thereafter,
normal data transfer cost of $20.00/1GB/month will be billed to your
account. If you want to pre-pay for bandwidth overages, you will be
billed $10.00/1GB/month.
You will receive a notice on Tuesday morning detailing your
bandwidth usage.
If you do not pay for your overages your site will be disabled
within 7 days of your first notice. This does not apply to
co-location clients. Co-location clients will be billed for the
overages based on switch reports. Co-location clients must pay for
the overages IMMEDIATELY once billing or DeskTop Works has
the sole decision to deactivate any and all servers.
DeskTop Works will be the sole arbiter as to what
constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
DeskTop Works takes a zero-tolerance approach to spam
originating from our servers or for spam advertising of domains
hosted on our servers.
The following activities are not allowed:
Unsolicited bulk or commercial messages ("spam"). This includes, but
is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your
domain.
Forging, altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated without warning
and without refund.
Sending numerous copies of the same or substantially similar message
with the intent to disrupt a server or account ("mail bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome in most
Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account cancellation. See the
newsgroup or mailing list's charter for whether advertising is
allowed or not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated
as such.
Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving e-mail,
you must not send that person any further messages.
Note: If you use the services of another provider to promote a web
site hosted by or through DeskTop Works (spamvertising),
then the provisions of the above Policy shall apply as if the spam
were sent through our servers.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any DeskTop Works
client in good financial standing with DeskTop Works at the
time of a service outage.
(2.) Service Level Agreement & Specifications
DeskTop Works endeavors to have the content of your web
site available for http access by any party in the world 99.9% of
the time. Network downtime (unavailability) is defined as 100%
packet loss from DeskTop Works to its backbone providers.
Downtime is measured past 10 minutes after notification of network
failure via DeskTop Works' online ticketing system. If the
ticketing system itself is unreachable, the ticket must be started
by calling the DeskTop Works NOC. DeskTop Works'
administrators will determine the end of the downtime by a
traceroute to the customer's machine from outside the DeskTop Works network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not available
for more than 99.9%, DeskTop Works will credit the
following month's service fee as follows. For any shared hosting
client, such credit shall be retroactive and shall be as calculated
below and as measured 24 hours a day in a calendar month, with the
maximum credit not to exceed fifty (50) percent of the monthly
service charge for the affected month.
Monthly Uptime Credit
95% to 99.8% 10%
90% to 94.9% 20%
89.9% or below 50%
b. Managed Dedicated Servers - For managed dedicated server
customers if the uptime is between 98.9% and 99.9% for any
particular month the credit shall be retroactive and equivalent to
the difference between the guaranteed level of availability of the
customer's services during the month and the calculated actual level
of availability of the customer's services, multiplied by the actual
charges incurred by the customer for the services during that month
period. In addition, for managed dedicated server, customers may be
entitled to additional credits as calculated below and as measured
24-hours a day in a calendar month, with the maximum credit not to
exceed twenty-five percent (25%) of the monthly service charge for
the affected month.
Minutes of continuous downtime Credit
60 10%
5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must
request such credit within seven (7) days after you experienced the
down time. You must request credit by sending an electronic mail
message to DeskTop Works Support Team. For security, the
body of this message must contain your account number, the dates and
times of the unavailability of your website, and such other customer
identification requested by DeskTop Works. Credits will
usually be applied within sixty (60) days of your credit request.
Credit to your account shall be your sole and exclusive remedy in
the event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you have any
outage resulting from (1.) scheduled maintenance as posted from time
to time at DeskTop Works, (2.) your behavior or the
performance or failure of your equipment, facilities or
applications, or (3.) circumstances beyond DeskTop Works'
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, domain name registration / transfer, 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, or (4.) a client breaking any item in DeskTop Works' "terms of conditions and acceptable use policy" causing a
machine to fail as a result.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per
day from a shared hosting account. If you do send more than 2000
pieces of e-mail per day, your account will be placed on hold for
Network Abuse. If you are sending legitimate e-mails and they total
more than 2000 per day your account will be moved to a special
server that is specifically designed to handle high volumes of
e-mail. You will be charged $50.00/month in addition to your regular
hosting charges if your account is moved to this server.
Background Running Programs
We may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge will be
incurred based on system resources used and operational maintenance
needed. (this section does not apply to managed dedicated servers)
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers. You can however, install IRC clients on managed dedicated
servers. IRC servers are not permitted on our network.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged
for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of
pre-payment. DeskTop Works reserves the right to change
prices at any time, unless other terms have been agreed upon. Any
account not brought current within a week (7 days) of e-mail notice
or exceeding this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the account from
the time it was established to the time that the customer notifies
DeskTop Works at cancel. to request for termination of
services. All payment is in U.S. currency. DeskTop Works
will bill each client $50 per returned check, per wire transfer
received and per credit card chargeback received. All DeskTop Works accounts are setup on anniversary billing cycles. Your
particular billing cycle corresponds to the contract length that was
initially chosen at setup. Your account will automatically renew!
this length. There is no fee to change to a shorter billing cycle at
the end of the current cycle. However, if you wish to change to a
shorter billing cycle, during a current cycle, there will be a
$50.00 fee. Please contact the billing department.
Cancellation
DeskTop Works reserves the right to cancel service at any
time. All fees paid in advance of cancellation will be pro-rated and
paid by DeskTop Works if DeskTop Works institutes
it's right of cancellation. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer, space
etc.)
All of DeskTop Works' web hosting plans are backed by a 30
day money back guarantee. If you are not completely satisfied with
our services or support within the first 30 days of your contract,
you will be given a full refund of the contract amount excluding
setup fees, domain registration fees, addon/upgrade fees and
overages. Setup fees are refundable only if the account order is
canceled prior to account activation. For all web hosting clients
who cancel, the full contract amount less any setup fees and
overages will be refunded if DeskTop Works is notified
within the first 30 days following activation. No refund is
available after the 30th day. This policy does not apply to any
additional services such as overages, referrer logs, real
audio/video, additional disk space, additional pop accounts, domain
registration fees etc. Due to security concerns, all account
cancellations must be done via Phone or email requests !
Refunds will be made by company check or issued back to your credit
card within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through DeskTop Works' 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 DeskTop Works or its
servers and network 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 DeskTop Works
network. If you use a domain name in connection with DeskTop Works 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 DeskTop Works 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. DeskTop Works 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.
Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and
materials appearing online or on your products, including without
limitation (a) the accuracy and appropriateness of content and
materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the
store or related to your products do not violate or infringe upon
the rights of any third party, and (c) ensuring that the content and
materials appearing within the store or related to your products are
not libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping and sales tax.
You will also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer inquiries
or complaints arising therefrom.
You are also responsible for the security of any customer credit
card numbers and related customer information you may access as a
result of conducting electronic commerce transactions through your
Web Site. You will keep all such information confidential and will
use the same degree of care and security as you use with your
confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to DeskTop Works a license to cache
the entirety of your Web Site, including content supplied by third
parties, hosted by DeskTop Works under this Agreement and
(ii) agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual
property rights.
IP Address Ownership
DeskTop Works shall maintain and control ownership of all
IP numbers and addresses that may be assigned to you by DeskTop Works and DeskTop Works reserves, in its sole
discretion, the right to change or remove any and all such IP
numbers and addresses.
Lawful Purpose
DeskTop Works reserves the right to refuse service to
anyone. Customers may only use DeskTop Works server for
lawful purpose. Transmission of any material in violation of any
Federal, State or Local regulation is prohibited. This includes, but
is not limited to copyrighted material, material legally judged to
be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such described above is left
entirely to the discretion of DeskTop Works management.
Regardless of the place of signing this agreement, the client agrees
that for purposes of venue this contract was entered into in Walton
County, Georgia, and any dispute will be litigated or arbitrated in
Walton County, Georgia. Defendants further waive all objections to
venue and acknowledge that venue in any such litigation will be held
in Walton County courts. IN NO EVENT SHALL DeskTop Works'
MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.
Customer / Broadcaster's Warranties.
Customer/ Broadcaster represents and warrants that: (a) Broadcaster
is an individual / natural person or business; (b) DeskTop
Works' receipt, storage, use, transmission or retransmission
of the Broadcaster's Content or any part of it ("Handling") shall
not violate or infringe any third party intellectual property rights
or any publicity or privacy right; (c) DeskTop Works' use
of Broadcaster's Marks, and any updates and modifications of them,
shall not violate or infringe any intellectual property rights or
any publicity or privacy right; (d) DeskTop Works'
Handling of the Broadcaster's Content or any part of it from the
DeskTopWorks.net or any other part of the service shall not
breach any content standards requirements or codes promulgated by
any relevant authority including all authorities to whom Broadcaster
and DeskTop Works may be subject and also including the
Internet Industry Association Code of Conduct; (e) the Broadcaster's
Content will not contain or disclose processes or instructions which
if implemented, might cause damage or injury to any person or
property; (f) the Broadcaster's Content which if unsuitable for
minors, will be marked or clearly identified by warnings that the
Broadcaster's Content is unsuitable in accordance with current
industry standards, content requirements or codes of practice
promulgated by the relevant authority; (g) it has authority or has
obtained any and all necessary approvals or licenses (compulsory or
otherwise) for the storage, use, transmission and retransmission of
the Broadcaster's Content or any part of it over the Internet and
that such authority, approval or license, if any, is current and in
full force and effect; (h) the content of the Broadcaster's Content
or any part of it and to be transmitted through the
DeskTopWorks.net or otherwise made available to the public or
any part thereof does not contain material that is defamatory,
libelous, obscene or otherwise unlawful. For the avoidance of doubt,
DeskTop Works has no responsibility for the content of the
Broadcaster's Content and no obligation to review, edit or monitor
the content; (i) no litigation is pending or threatened with respect
to the Broadcaster's Content or any part of it; (j) all service or
product claims made by Broadcaster pursuant to or in connection with
this Agreement shall be true and correct and fully substantiated in
accordance with applicable government laws and regulations, and
Broadcaster shall not perform any act (or fail to perform any act)
in violation of any government law, statute, or regulation; (k) by
its duly authorized representative, it has read and understood the
content of DeskTop Works' Terms of Use, and Privacy
Policy; and (l) it shall at all times comply with the provisions of
applicable laws, rules and regulations and with DeskTop Works' policies, including without limitation DeskTop
Works' Terms of Use, and Privacy Policy.
Indemnification
CUSTOMER/BROADCASTER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD DeskTop Works HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST DeskTop Works, 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 DeskTop Works AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO
PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH
DeskTop Works'
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (
3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM DeskTop Works' SERVER.
Disclaimer
DeskTop Works WILL
NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
DeskTop Works MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE. DeskTop Works 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
DeskTop Works AND ITS EMPLOYEES. DeskTop Works
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF DeskTop Works MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.