Terms of Service
Dioguardi Consultation Group Terms of Service
- Content: All services provided by Dioguardi Consultation Group 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 we judge to be threatening to our network or obscene, or material protected by trade secrets and other statutes. Dioguardi Consultation Group is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to Dioguardi Consultation Group servers or any other server on the internet. Links to such materials are prohibited. Dioguardi Consultation Group servers restricts such files as Adult sites, pirated software, hacker programs/archives, MP3, and Warez sites or anything else that is illegal according to federal law.
- Uptime Guarantee: If your website is down for more than 3 hours and 40 minutes during a one month period (excluding hardware upgrades), you will be credited a months payment. If you have a quarterly/bi-yearly/yearly billing plan, we will add an addition month of hosting to your contract for no cost.
- Commercial Advertising: Email (SPAM): Spamming, or the sending of unsolicited email, from a Dioguardi Consultation Group server or using an email address that is maintained by Dioguardi Consultation Group is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund.
Server abuse: Any attempts to undermine or cause harm to any Dioguardi Consultation Group server or customer of Dioguardi Consultation Group is strictly prohibited. Dioguardi Consultation Group holds no responsibility for the use of our clients’ accounts. Any accounts that abuses the server will be instantly de-activated with no refund and if will be charged the cost of the damage upon the servers.
- Traffic Usage: All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $4.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb – 1 gig will be treated and billed as the same.
- Back-ups: Dioguardi Consultation Group performs weekly backups on all of our servers to ensure critical files are never lost. Our server software does create weekly backups for users sites that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. Your are advised to backup all of your own files to your local drive. Dioguardi Consultation Group is NOT responsible for lost data, time, income or any other resource due to faulty backups or nonexistent back-ups.
- Loss: Dioguardi Consultation Group is not responsible for any files lost by the customer. Dioguardi Consultation Group is not responsible for any business loss or any times of commercial/non-commercial activity.
- Billing: Payments will be billed on the same date as the customer signed up on. A customer has the right to ask for his money back ONLY if the account has been active less then 30 days. If the account exceeds that period time no money can be returned. If a user has such a plan where he paid money upfront (for example an yearly plan) and the customer exceeds more then 30 days no refund can be returned. All customers (shared, resellers and otherwise) are locked into their pricing plans and, in the event of a price increase, will remain on their current plan. If the customer chooses to upgrade, downgrade, or side grade their account, they will incur the new plan pricing.
- Cancellation: Cancellation can be made via email to billing@Dioguardi.net. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration. We reserve the right to remove any account without advanced notice for any reason Dioguardi Consultation Group sees fit.
- Indemnification: Customer agrees that it shall defend, indemnify, save and hold Dioguardi Consultation Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Dioguardi Consultation Group or its Customers that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Dioguardi Consultation Group against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dioguardi Consultation Group’s 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 Dioguardi Consultation Group’s server. This paragraph shall remain in effect for three years after the termination of this Contract.
- Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
- Exit: In the event Dioguardi Consultation Group chooses to suspend any or all of its services a three (3) month notice shall be provided to all clients. In the event Dioguardi Consultation Group chooses to transfer any or all of its accounts to another company or organization, a one (1) day notice shall be provided.
- These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times.