Terms Of Service

All services provided by Dark-Host.com ("DH") 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 os prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DH from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to DH's server, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

- pirated software
- hacker programs or archives
- Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, DH WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to the server or a customer of DH is strictly prohibited.

Billing
By the Account Activation Date of each year, DH shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver by e-mail an invoice in accordance with the applicable Service Fees for services rendered for the calendar year. When an invoice is delivered to the client, payment shall be remitted to DH by no later than the specified payment due date. DH shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a yearly basis, 30 days prior to the due date. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a set-up fee charged by DH to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to DH and agrees to pay any and all fees incurred by client. Because the services are provided on a yearly basis, the client will be responsible for service fees incurred each year, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination during the spring of a particular year, the client will be responsible for service fees for the entire year, and such fees will not be pro-rated or refunded. If client has retained the services for several years and has pre-paid DH for such services, refunds will be issued for any unused portion of the services, upon client's request. Therefore, if client's account is canceled at any point during the one-year term, client will be entitled to a refund for the years remaining, after notice given by the third quarter (September 30th of that year).

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation & Refunds
Services may only be cancelled by sending a request to hosting@dark-host.com. Alternate methods are not valid and will not be honored. If a service is cancelled within 7 days of the renewal period, the service will be renewed for the following period. We DO NOT refund partial yearly fees to accounts. No refunds are given on any setup fees.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
DH shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DH's server going off-line or being unavailable for any reason whatsoever. Furthermore, DH shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from DH's server. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to hosting@dark-host.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
DH cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by DH are resold. Thus, certain equipment, routing, software and programming used by DH are not directly owned or written by DH. Moreover, DH holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as DH sees fit.

Account Activation
By activating your account with DH, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

DH reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.