Terms of Service, Dewlance® Web Hosting
Dewlance® Web Hosting Terms of Service
By using Dewlance.com’s Web Hosting services, you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use Dewlance.com’s Web Hosting services.
Dewlance.com reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes.
A product or service must be purchased from Dewlance.com to allow a user to access the client area. Any product(s) or service(s) that a user registers with, must be paid for within two (2) working days or any orders will be terminated along with the users inactive account.
Subject to the terms of this Agreement, and contingent on clients satisfaction of Dewlance.com’s credit approval requirements, Dewlance.com agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Dewlance.com can not give any guarantee on a setup time of which clients order(s) will be activated. While most orders will be activated within 1-12 hours, Dewlance.com can not guarantee setup within this time as all orders are processed and activated manually.
Client will be held responsible for all actions performed by their account whether it be done by them or by others. If server security is compromised, the account holder is responsible for all violations of the terms of service. Client is also responsible for disconnect and reconnect fees associated with violations.
Dedicated and Virtual Private Servers:
We try out best to setup all dedicated and virtual private servers within 48 hours of payment but there is no guarantee.
Our dedicated and virtual private servers are considered unmanaged, unlike our other hosting packages, we do not provide full support for these.
Billing for the servers must be complete by the date the invoice is due or your server/service(s) will be terminated. This is because of the need to renew server and control pannel licenses which we will not do until we recieve full payment.
All terms of service listed under Dewlance.com’s TOS (Dewlance.com/tos.html) apply the same to servers as they do to all other forms of our services.
High Uses: If your uses is high then We’re change your VPS to High uses Nods.
Dewlance® Web Hosting requires that whenever the root password of your server changes, you submit a ticket to our support department or email firstname.lastname@example.org with your full name, title and the new password. If the root password is not sent to us when it is changed, we will contact the billing contact and notify them. If new password is not sent to dewlance® Web Hosting within 24 hours of request, we may suspend all services to your account. We hold no responsibility for whom you give the root password to. If anyone else then a staff member at Dewlance.com contacts you claiming to be Dewlance® Web Hosting, Dewlance.com or a staff member, do not release the password to them. Password change requests may take up to 24 hours to process. Also, If we suspect illegal activity we may ask you for your root login information which you must give us, failure to do so will result in immediate suspension or termination.
–Uptime Guarantee is for the time the server is connected to the internet & connected to power, it does not include the time the server is down for a reboot, hardware upgrades/downgrades, or for downtime caused by software/hardware errors or issues.
Dewlance® Web Hosting reserves the right to modify or suspend/terminate any server as we see fit at any time for any reason.
One free and complimentary OS reload will be provided per month for Dedicated and Co-location customers. Additional OS reloads will be charged at the cost of a $60.00 one-off fee.
Virtual Private Servers (VPS):
To maintain the integrity of Dewlance® services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers, Dewlance® may relocate virtual private server containers to different nodes and/or IP addresses.
Client agree to not use any other operating system which is not provided by Dewlance®.
Windows VPS License:
License is included in price and we do not charge any extra cost for license so never use your own key, even if it is valid key, or it may lead to a violation of our Terms of Service, which we take very seriously(Account termination or closure without refund)
1. We can access your VPS for checking License Compliance or license activation and you must provide a credential if required.
2. You are only allowed to use 1 user account, do not create any other user account.
3. Microsoft SQL/Exchange server is not allowed on our VPS.
4. Do not use any Microsoft Licensed/Trial Software without our permission(For example: Microsoft Office,etc.)
Client agrees that Dewlance.com may publicly disclose that we are providing services to them and may include clients name and website in promotional materials. Dewlance.com reserves the right to use clients comments/testimonials for promotional use. If this is undesired, the client may request to opt out of promotional use by contacting Customer Service.
All support to clients is free of charge and can be received via Email or Support Ticket. Reply times may vary depending on clients Support Request urgency and detail.
- IRC or IRC egg drops or bots.
- Mail bombers.
- IP spoofers.
- Port scanners.
- Video & Game hosting/streaming (excluding Flash & Java Games, third party streaming is permitted).
- Illegal distributing and/or advertising of copyrighted material.
- Warez/Nulled Content.
- XXX/Porn Hosting or Linking is not allowed
- Websites designed specifically for downloads.
- PHPizabi scripts.
- YaBB Forums.
- Server Exploit Scripts.
- Vulgar language used to offend a minority, ethnic society, sexual orientation prejudiced, discrimination against a group, sex, ethnic and orientation etc.
- High memory uses Scripts
- ROMs and Emulators.
- Free Hosting or Blog Hosting.
- Forum Hosting
- Proxy Sites
- Bitcoin/Litcoin “Mining Software”
- Torrent Upload/Download or Hosting
- Camfrog Video Chat – Camfrog Software
- Auto Surfing Software
- SEO SPAM posting software like Xrumer, SEnuke, Scrape-box, etc.
Note: Forum Hosting, YaBB Forums and Private Proxy Site is allowed on “VPS”(Virtual Private Server).
If found, clients agreement will be immediately suspended and any content that does not comply to the terms of service will be removed by Dewlance.com. Dewlance.com reserves the right to warn the user and immediately suspend access upon discovery of any script that may exploit or contain a threat to our server(s).
Dewlance® reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer’s IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc…). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
Restricted Use of Mail:
- Sending unsolicited mail messages, including the sending of ‘junk mail’.
- Harassment, whether through language, frequency or size of messages.
- Unauthorized use, or forging, of mail header information.
- Creating or forwarding of ‘chain mail’.
We charge $65 Fees for TOS Violation
In cases of Spaming issues, Dewlance® may find it necessary to suspend service to clientele, until which time such issue is corrrected
Bulk Email and Blacklisting:
Dewlance® understands that bulk email is an important mechanism for keeping people informed. However, spamming from the Dewlance® network, and spamvertising (unsolicited advertising of) sites hosted on the Dewlance® network, is prohibited. Legitimate bulk email meets the following criteria: ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If Dewlance® approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. Dewlance® reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $150.
All Scripts, must be updated to the latest released versions as soon as possible. Any insecure, possible threats and/or bugged scripts will be removed from the servers without notice.
- Memory usage may not exceed 20% per Domain.
- CPU usage may not exceed 25% per Domain.
- Apache connections may not exceed 25.
- MySQL user connections may not exceed 50.
- 50 IMAP mail connections per IP.
- 50 POP3 mail connections per IP.
- 40 outgoing emails per hour.
The above limitations may vary depending on which server you are hosted on. Please contact us for the exact limitations for each server in the network.
As required by ICANN, we will release all client information to our domain registar, and it will be automatically set as the Administrative, Billing and Technical information. Client reserves the right to contact support and get this information changed. All information (Admin, Billing, Tech, etc.) on domain profiles must be 100% true as required by ICANN. If we discover false information, we may suspend access to your domain and/or hosting.
Money Back Guarantee –
Dewlance.com currently offers a 30 day money back Guarantee, however If domain is included in your hosting package, the price of the domain will be excluded from the refund amount, and client will have the choice to have it transferred to them or to have us manage the DNS.
Fees are payable in advance on the first day of each billing cycle. clients billing cycle shall be Monthly, Quarterly, Semi-Annually, Annually or Triannually, as indicated on the Order.
Payments must be made in United States Dollars(USD), Euro, GBP, AUD, JPY, CNY or Indian Rupees(INR), Client is responsible for providing the correct amounts.
If using a Paypal E-Cheque payment method, Dewlance.com may not process orders until the E-Cheque clears, depending on the products/services that have been ordered. If for any reason, the E-Cheque does not clear, services to client will be denied until all invoices have been paid.
Dewlance.com agrees to provide a refund of payment to client if (1) client is within the 30 days money back Guarantee period, (2) client did not breach any of Dewlance.com’s terms of service, and (3) The product or service that was purchased is refundable. Dewlance.com reserves the right to withhold a refund if client is not eligible to receive one and a valid reason for claiming a refund is required.
Client agrees that any dispute or demand of refund, in any circumstances, demanded by client is subject to the final decision taken by Dewlance.com and not following the rules and regulations may cause to the suspension/termination of account without any prior notification.
VPS, Domain Name, Software License and IP Address is Non-Refundable.
Dewlance.com requires a th (5) day notice of cancellation prior to the billing date for the upcoming term. A five (5) day notice before the upcoming billing date is also required for any downgrades. All clients data will be destroyed after the cancellation date.
Usage & Overages:
Client agrees to pay any and all overage charges accrued on their account from the previous month. Overage charges are billed per gigabyte at a rate of $0.50 (fifty cents). Dewlance.com reserves the right to suspend any account which does not pay any overage charges issued. Dewlance.com is not responsible for spikes in bandwidth that are caused on a clients server for any reason. Client is liable for all bandwidth to and from their server.
Client acknowledges that the services provided are of such a nature that services can be interrupted for many reasons other than the negligence of Dewlance.com, and that damages resulting from any interruption of services are difficult to ascertain. Therefore, client agrees that Dewlance.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Dewlance.com.
Client agrees that Dewlance.com may suspend or terminate services purchased by client without notice and without liability if (1) Dewlance.com reasonably believe that the services are being used in violation of the terms of service, (2) A written Abuse claim is submitted involving client, whether it be towards another client, a member of staff or a third party, Dewlance.com have zero tolerance for abusive behavior, (3) client is found to of been involved in any illegal activities online and (4) clients invoices remain unpaid after One (1) working day’s of notification. If due payments are not received after Two (2) working days Dewlance.com have still not received payment clients agreement will be terminated.
Client agrees that Dewlance.com may suspend or terminate services purchased by client, for any of the above reasons or reasons seen fit.
No backups or refunds will be given. Services interrupted for non-payment may be subject to a $20 reactivation fee. Clients deactivated for non-payment or charge-back are subject to their data being destroyed three days from suspension/charge-back date.
No Late Fees:
Dewlance® does not charge fees for late payments however If you failed to pay your due payments within Three (3) working days from due date then clients agreement will be terminated.
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to Technical Support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any client for any reason.
Requests for Client Information:
Client agrees that Dewlance.com may, without notice to client, (1) report to the appropriate authorities any conduct by client or any of clients customers or end users that Dewlance.com believe violates applicable law, and (2) provide any information that it has about client or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
In the event fraud is discovered, fraudulent clients are subject to immediate suspension/termination at the sole discretion of Dewlance.com. All information available to Dewlance.com about the fraudulent account(s) will be submitted to both local authorities as well as any financial institutions involved. All fraud orders are investigated and all fraudulent clients will be prosecuted to the fullest extent of the law whether it is within the India, or overseas.
Client agrees to maintain a recent copy of all data hosted with Dewlance.com. Dewlance.com will take no responsibility for any data loss client, clients customers or end users suffer due to accidental delete or loss. Dewlance.com is not responsible for data integrity, regardless of circumstance. Dewlance.com strongly recommends keeping up to date and off network backups to protect against data loss.
Dewlance.com generates a Bi-Nightly (Monday, Wednesday & Friday) system backup at 12am BST. How ever, they are for administration purposes only. We give no guarantees that they will be available to clients.
Dewlance.com may change Servers at any time, this may cause downtime and account access may be denied to client, clients customers and end users. If possible, Dewlance.com agrees to notify client of these changes five (5) days prior to the planned Commencement date.
Dewlance® may disconnect any idle connection to the network. Average timeouts are:
- FTP – 300 seconds
- Dial-Up – 10-15 minutes
- Telnet/SSH – 2 hours
Dewlance® does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to a single Dewlance® Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems. Should any system become infected with a virus and/or spyware which causes or threatens harm to the Dewlance® network, Dewlance® may suspend service until the source of the problem is found and corrected.
Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by Dewlance®, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The Dewlance® Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of Dewlance®, within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $65.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination.
Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface.
Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a Dewlance® service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. Dewlance® may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of Dewlance® is required for the investigation, the client agrees to compensate Dewlance® at a rate of $75 USD/hour for such service. Reinstallations are performed at a flat-rate of $35 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:
- Requesting kernel updates
- Applying application patches
Dewlance® will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management.
Failure to Follow Policy – Suspension and Termination
Failure to fully comply with these terms is grounds for account suspension or termination (with or without refund, subject to Dewlance.com’s discretion). Any accounts contained within Dewlance.com’s network must adhere to the above policies. We reserve the right to terminate any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund.
-These terms apply to you, your customers and end users. If you wish to post them on your own website that you have hosted with us, you may do so. If you, your clients or end users break any term located on this page, Dewlance.com reserves the right to suspend them, and the owner (Master Reseller, Reseller) if deemed necessary.