Hosting Terms

Website Hosting Terms

Definitions

“We”/”Us”/”Our”/”DesignsTouch, LLC.” means DesignsTouch LLC 201 6^th Street, Suite 401 Racine, WI 53403 and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.

“Services” means any services offered by DesignsTouch LLC. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘DesignsTouch Host Partners Platform’.

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in hosting partners, technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

1) Pornography, pirated software, mp3 archives, rom archives, freeware/shareware software archives, cracking/hacking tools, and spamming are not allowed. Any material of this nature or links to material of this nature will cause the account to be shut without financial refund. These types of sites waste bandwidth and slow down the servers. It is not realistic to allow one site to ruin the speed for all of the sites. Additionally, sites of this nature often place web hosts at legal risk, and therefore cannot be allowed.

2) DesignsTouch reserves the right to close any web site that is using an unreasonable amount of bandwidth or server CPU time. This policy protects other web sites located within the same web server farm from becoming bogged down by the abusively high traffic site.

3) Clients that tax the machine down with malfunctioning pages or cgi scripts will lose their right to have dynamic pages (such as ASP, HTML, PHP, and Coldfusion) and cgi scripts. Everybody writes a code that locks up from time to time, but DesignsTouch will not allow one client’s scripts to ruin uptime or performance for the rest of the clients. Keep this policy in mind when uploading cgi scripts or dynamic pages, since you assume full responsibility for every file that you upload. If your cgi or other dynamic content is causing a noticeable performance bottleneck, your account will be disabled.

4) Failure to pay on time will result in the loss of the account. DesignsTouch wants to give premier support to paying customers. Therefore, DesignsTouch cannot waste time supporting those who do not pay.

5) Accounts created are billed initially for a minimum contract length of 12 months from the day they signup. Clients will be billed annually on the day they signed up.

6) Websites that contain material that is intentionally offensive to racial minorities are not permitted. Sites that are found to contain such offensive content will be closed.

7) If you send spam, your account will be closed. We do not and will not tolerate spam. Spam is a waste of our network and system resources, and we are completely intolerant of anybody who sends or attempts to send spam.

8) We reserve the right to charge US $100 per spam message that is sent or attempted to be sent to or through any our servers. If a spammer is putting uptime or performance at risk by flogging the email services with spam, we have every legal right to receive payment from the spam sender or the company represented within the spam to cover the cost of the services rendered. This policy applies equally to DesignsTouch customers and non-DesignsTouch customers.

9) DesignsTouch reserves the right to block incoming email from any remote SMTP relay at any time for any reason. If a remote SMTP relay is misconfigured, spammers will often exploit the remote relay to send thousands (sometimes millions) of spams. If a spammer is abusing a remote SMTP relay to mailbomb domains at DesignsTouch partner host, DesignsTouch will immediately block the IP of the SMTP relay that the spammer is abusing. DesignsTouch also subscribes to multiple RBLs (real-time blocking lists) to automatically block known open SMTP relays and known spamming relays. While this policy dramatically reduces the amount of spam sent to DesignsTouch Partner host, this may inadvertently block some legitimate email.

10) DesignsTouch cannot and will not be held liable for any problem incurred while hosting with DesignsTouch’s partners. By choosing DesignsTouch, you assume any and all risk for possible downtime and other server/connection related problems. If you are not willing to assume this risk, you should not host with DesignsTouch. While DesignsTouch makes every possible attempt to maintain the highest possible level of uptime, DesignsTouch will not under any circumstances make any expressed or implied guarantee for any specific level of uptime.

Limitation of liability

To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall DesignsTouch. or any other contributor or supplier of DesignsTouch, be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction ,loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by DesignsTouch., We are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:

1. Any changes to the Services made by DesignsTouch LLC., or any temporary or permanent cessation in the provision of the Services (or any features within the Services), 2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,3. Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which DesignsTouch LLC has no control,

   4. Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.

   Without prejudice to the foregoing, should a court of law or other adjudicating body still find against DesignsTouch LLC regarding any matter relating to the Services, DesignsTouch LLC’s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.

11) In the event of a price or policy change, all customers (new and old) are subject to the price or policy change. These changes may occur at any time without any notice from DesignsTouch. DesignsTouch customers should check the DesignsTouch website periodically to check for changes to pricing or policy.

12) Pricing and policies are subject to change at any time. Our policies are non-negotiable.

14) Doing anything illegal or anything that adversely affects DesignsTouch’s legal interests is prohibited. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and DesignsTouch will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities

1. Cracking (Hacking) — attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
   b. Child pornography — as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
   c. Interstate gambling — because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
   d. Pyramid schemes or fraud — are illegal under a number of Federal, State and Local laws.
   e. Theft of services — attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
   f. Harassment — use of network to harass or threaten (in the legal sense of those terms) any other person is prohibited.

A guide to legal resources on the Internet is located at http://www.faqs.org/faqs/law/ Please consult an attorney if you are unsure of the legal status of your activities.

15) Doing anything that threatens the integrity of DesignsTouch’s host partners network or the utilization thereof by other persons is prohibited. a. Denial of Service (DOS) attacks — no customer will commit a DOS attack against any customer’s host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
b. RBL — No customer shall do anything that could get any portion of our IP space put on the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of our IP space.

16) Spam — no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood UseNet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net.
a. No spam may originate from our IP space.
b. No spam may advertise sites or services located on our IP space (even if the spam originates elsewhere), or IP space which receives IP transit over the our IP network.
c. No customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
d. No customer shall participate in pyramid schemes or email chain letters.

DesignsTouch reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at DesignsTouch’s sole discretion.

Premium Hosting Third party Infrastructure Providers SLAs

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• Click here to view Linode SLA

 *We have several partners for Basic & Standard hosting, and their SLAs will apply.