Terms of Service

DMEHosting Metered Terms of Service (TOS)

 

1. The DMEHosting Service, as operated by DMEHosting, is a collection of various products and services that enable entities to utilize, conduct
business on, connect to, and publish to the Internet. The DMEHosting Service is available for a fee to any client who wishes to utilize the service for such means.

2. CAREFULLY READ the terms of this agreement which governs your use of the DMEHosting Service and Software. DMEHosting may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notification. Your continued use of the DMEHosting Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).

3. DMEHosting grants to you a non-exclusive, non-transferable license to use and display the DMEHosting Service and Software on the servers and equipment with which you utilize the DMEHosting service. The DMEHosting Service and software are owned by DMEHosting and their structure and organization constitute valuable trade secrets of DMEHosting.

4. Advertising, Solicitation and Name Harvesting. You may not use the DMEHosting Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the DMEHosting Service to collect or "harvest" screen names of other Clients without the expressed prior permission of the Client. DMEHosting reserves the right to block or filter mass email solicitations on or through the DMEHosting Service.

5. Internet Conduct. Generally, the Internet consists of the following areas available through DMEHosting; Email, Newsgroups, Gopher, and WAIS FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with DMEHosting or any of its affiliates; it is a separate, independent network of computers and is not part of DMEHosting. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Clients must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although DMEHosting does not control the Internet, your conduct on the Internet when using your DMEHosting account is subject to DMEHosting rules. Because DMEHosting wants to be a good Internet citizen, it prohibits Clients from engaging in certain conduct on the Internet through or by means of DMEHosting including the following: (1) Chain Letters. Chain letters are prohibited on the DMEHosting network and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in your DMEHosting Services site being terminated.

(A) Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

(B) Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Clients become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of your DMEHosting account.

(C) Copyright and Proprietary Materials. You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. Clients use of such Content will be subject to the specific restrictions place on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right's holder is prohibited and will result in termination of your DMEHosting Service and possible civil and /or criminal liability.

(D) Offensive or Objectionable Material. DMEHosting reserves the right to request you remove any material which DMEHosting deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement by DMEHosting Services.

You understand that except for content, products or services expressly available at DMEHosting's Web site, neither DMEHosting nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of DMEHosting or controlled by DMEHosting. DMEHosting neither endorses nor is responsible for the accuracy or reliability of such content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither DMEHosting nor its affiliates shall be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions o this paragraph shall apply with equal force even where DMEHosting features or displays a link with any particular Web site.

You should be aware that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. DMEHosting does not have the capability or right to monitor, or review, or restrict any content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of DMEHosting and whose conduct and communication may also be found harmful or offensive to clients or which would otherwise breach the DMEHosting rules if they were subject to it. DMEHosting and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, content, goods , and services available on or through the Internet (including without limitation any part of the Web).

Your use of the Internet is subject to all applicable local, state, national, and international laws and regulations, Without limiting the other rights available to DMEHosting, DMEHosting retains the right but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and DMEHosting if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any other user from enjoying the Internet or DMEHosting.