Terms of Service
All services provided by Direct Support are to be used for lawful purposes only. Any content (e.g. Pornography, warez and others) deemed illegal by law will result in account termination without notice. Any other content that is unacceptable or undesirable may lead to account termination at the sole discretion of Direct Support.
System Resource Usage:
If a website is found to be using an unacceptable amount of system resources, we have the right to suspend or terminate your account without notice. Our normal practice is to suspend the website immediately upon discovery of unacceptable resource hogging; but we will still email the account owner, providing him/her a chance to remove the offending site or script. A common rule of thumb is that chat rooms and top site scripts are not allowed to be hosted on our servers. PHP based message boards are permitted, but customers should be made aware that if it starts rising in popularity this may result in the use of an unacceptable amount of system resources.
CGI based forums are NOT allowed on Direct Support servers as they are known to be resource intensive in usage. IRC scripts are banned and if found, we reserve the right to terminate the account without notice. Scripts that emulate shell access are banned and will result in immediate account termination without notice. Any other scripts that is deemed harmful to Direct Support's server or it's customers will be banned.
The sending of unsolicited e-mail (SPAM) from Direct Support's servers is strictly forbidden. Direct Support will decide on a case by case basis what constitutes to be spamming. Also the use of our servers to provide a free e-mail service is strictly forbidden. Any account found to be sending SPAM will be terminated without notice and no refunds will be issued.
Support Policy :
Direct Support will only provide support for matters related to server functionality and server related software. Direct Support will not provide any support for misconfigured scripts or any third party scripts (including scripts installed via cPanel and/or Fantastico). All requests to change domain names , usernames and the like will incur a one time administrative charge of $45 per request.
Malicious conduct against Direct Support's server or any other server on the Internet using an account on Direct Support will result in immediate removal of that account. No warnings and refunds will be given.
Payment Policies and Refunds:
Direct Support reserves the right to change prices at any time. Direct Support will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.
Backup Policy :
All accounts are backed up daily. However, it is not our responsibility to ensure the integrity of the backups. The customer is recommended to make his/her own local backups as well. If data loss occurs due to an error by Direct Support, we will restore a backup of the account from the backup drive without charge. If the customer requests a restore of an account from the backup drive due to negligence or error from the customer, we will attempt to recover the account data for a flat fee of $140.
Uptime is guaranteed at a 99.5% service level. This guarantee however does NOT cover scheduled downtime, network problems and natural events such as earthquakes or anything beyond what Direct Support can do. Should Direct Support's servers reliability fall below the aforementioned service level, compensation will be awarded to those who were affected.
Termination of services:
Should the customer want to terminate their current services with Direct Support, the customer will need to notify Direct Support 30 days before actual service termination or refunds will not be granted. In the event that you do not provide Direct Support with details necesary for a refund then your account will remain in credit for the remaining amount of time for FULL MONTHS of value rather than based on day averages. A data restore fee is applicable upon reactivation outlined above in our backup restore terms.
Warranty/Limitation of Liability:
The customer hereby agrees that Direct Support makes no warranties, express or implied and the customer hereby waives any claim based upon any breach thereof. The customer further agrees that Direct Support shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Direct Support to the customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Direct Support's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Direct Support shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL DIRECT SUPPORT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF DIRECT SUPPORT PURSUANT TO THIS AGREEMENT. DIRECT SUPPORT MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY DIRECT SUPPORT ARE HEREBY EXCLUDED AND DISCLAIMED.
INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY DIRECT SUPPORT, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF DIRECT SUPPORT'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF DIRECT SUPPORT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF DIRECT SUPPORT'S REASONABLE ATTORNEY'S FEES.
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