Terms of Service

Terms of service

TOS applies to all DL Host clients.

TOS applies automatically to all DL Host clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO DL Host'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the " service order " document in case of colocation and dedicated server services. In this document, DL Host Shared Hosting sections apply to subscribers of the Shared Hosting packages, DL Host Dedicated Server sections apply to Dedicated Servers subscribers and DL Host Colocation sections apply to Colocation subscribers.

General

DL Host agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of DL Host services constitutes acceptance and agreement to these Terms Of Service and all attachments. DL Host will make all reasonable efforts to provide a quality service to the Customer.

Privacy

DL Host will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes DL Host to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.

Bandwidth Services

DL Host will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.

In the case of servers connected on the high-quality network, the bandwidth can be used at full capacity on multiple servers simultaneously to exceed 500mbits.

DL Host Shared Hosting

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.

DL Host Dedicated and DL Host Colocation

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. DL Host will monitor the Customer's bandwidth usage and shall have the right to take corrective action if the Customer's bandwidth usage exceeds what is considered normal use. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.

IP Addresses

Any IP Addresses allocated to the Customer by DL Host must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by DL Host to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by DL Host after five days notice to the Customer. DL Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by DL Host, and DL Host reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 6 ip addresses for free. All ip requests must be fully justified.

Other Services

Upon request by the Customer, DL Host may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer's use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of $125 USD for those other services.

Installation, removal, replacement, maintenance and access to equipment

DL Host Shared Hosting and DL Host Dedicated Hosting

DL Host is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.

DL Host Colocation

DL Host grants to the Customer, as of the Effective Date, the right to operate, install, remove, replace and maintain a specific physical server hardware located in one of DL Host datacenters as described in the Service Order. The Customer must install the hardware in the space identified on the service order and reserved for its usage. The Customer will be responsible for the delivery of the Equipment. The Customer represents and warrants that it either owns all Equipment or has all necessary rights to locate the Equipment in the Premises. During the Term of this Agreement, the Customer will immediately notify DL Host of any space, power or other requirements associated with the installation or operation of the Equipment. DL Host will have no duty to monitor, maintain or care for the Equipment. Upon termination or expiration of the Term of this Agreement, unless prohibited by DL Host as permitted by this Agreement, the Customer will remove the Equipment from the Premises. Unless the Parties otherwise agree in writing, in the event the Equipment has not been removed within 5 days following the termination or expiration, DL Host will have the right to remove, relocate, or otherwise store the Equipment at the Customer's expense without liability to the Customer.

DL Host Colocation - Individual server space

The Customer will be responsible for the delivery of the Equipment. DL Host is responsible of the initial installation of the equipment in the individual server space. Access to the equipment is authorized on business hours upon previous notification from the Customer and accompanied by an DL Host staff member. Emergency access can be arranged outside business hours, the Customer will pay for emergency access requests in accordance to the emergency hourly rate in effect.

DL Host Colocation - Private space

The Customer will be responsible for the delivery and installation of the Equipment in the private space. Upon request, the Customer can get 24/7 access to the private space. DL Host reserves the right to approve the Customer's technicians and other contractors and to require identification, fingerprints and photos of each individual who has access to the Premises. The Customer will cause its employees, agents, contractors or invitees who have access to the Premises to conform to all DL Host terms, rules and regulations (as amended by DL Host from time to time). Except with DL Host prior written approval and subject to the terms of this Agreement, the Customer may only remove Equipment upon reasonable prior written notice to DL Host and during business days between 9:00 a.m. and 6:00 p.m. The Customer will only install or place Equipment in the Customer Space.

Immediate Threats

If, in the determination of DL Host, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of DL Host or any other user of the Premises, or poses an immediate threat to the safety of any person, then DL Host may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer's (or its customers') businesses. As soon as practical after performing such work, DL Host will advise, by email, the Customer of the work performed or the action taken.

Relocation

The Customer will, upon email request from DL Host, relocate the Equipment, server or web site to other space offered by DL Host within 30 days of such request.

Insurance

Under no circumstances will DL Host be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.

If the Customer is in default

If the Customer is in default of any of its obligations under this Agreement, then DL Host may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer's default is non-payment of any sums due to DL Host, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, DL Host may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to DL Host as well as any costs (including reasonable legal fees) incurred by DL Host in exercising any remedy under this Agreement.

Billing and termination

Invoicing is done electronically and is recurring until termination. Twelve months of billing history is available in the "My Account" section of the DL Host website. First Month's Payment shown in the Service Order must be paid by the Customer to DL Host before commencement of the Term. All other invoices must be paid by the Customer within 15 days of posting to your account or Customer shall face termination.

Payments

The Customer will pay DL Host the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by DL Host under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month's Payment shown in the Service Order, which must be paid by the Customer to DL Host before commencement of the Term, all amounts will be payable in US dollars within 15 days of posting to your account. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $35 USD.

Automatic debits by credit card

In the case of payments by credit card, DL Host will use the informations in its possession to make a payment at the invoice date. The customer will not receive any previous notification or notice on the recurring debit on the credit card. Unless pre-payment is arranged for the year, all accounts are required for automatic debit. In addition to the monthly or yearly automatic debit, the customer allows DL Host to withdraw the total amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the DL Host services. This authorization will be valid until an authorized person on the account ask to suspend the automatic debit.

DL Host Shared Hosting

The Customer will pay by pre-authorized payment to a Customer credit card, or by cheque of immediately available funds remitted to DL Host. Payment by check will only be accepted for 12 months prepayments.

DL Host Dedicated and DL Host Colocation

The Customer will pay by pre-authorized payment to a Customer credit card, by wire transfer or by check of immediately available funds remitted to DL Host. Payment by check and wire transfer will only be accepted for 12 months prepayments.

Late payment

Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectible by DL Host may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, DL Host may change any fees payable under this Agreement.

Term and termination

The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.

Cancellation requests must be made using the "My Account" control panel or in writing with the customer's signature with at least 48 hours notice and sent to : DL Host, 23 Crosby Drive, Bedford, MA 01739.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.

Refund policy

Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at DL Host.

The billing errors can be credited retroactively for a period of up to two (2) months.

Payment obligation

Upon account activation, DL Host reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.

Credit Authorization

The Customer hereby authorizes DL Host and gives consent to DL Host under applicable privacy laws for DL Host to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer's credit worthiness, and the Customer will promptly execute and deliver to DL Host such further documents and assurances and take such further actions as DL Host may from time to time reasonably request in order to carry out the intent and purpose of this Section.

Guaranteed satisfaction

The Customer has 30 days following the account's activation date to resiliate his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed network availability

DL Host will provide 100% transit to the Internet to all the customers who have purchased said service from DL Host. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed electrical power

DL Host guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed hardware replacement

This guarantee is only applicable to DL Host Dedicated Server customers. At any time, dysfunctional dedicated server hardware will be replaced within four hours. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Limitation of Liability

THE CUSTOMER ACKNOWLEDGES THAT DL Host PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. DL Host WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES' ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF DL Host'S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO DL Host. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL DL Host BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

Backup copies

DL Host Shared Hosting

DL Host will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. DL Host should not be held responsible of any loss of data or data corruption.

DL Host Dedicated Servers and DL Host Colocation

DL Host can, upon request and as a service upgrade involving monthly fees, provide backup service for colocation and dedicated server customers.  The customers interested in such services must order it using the appropriate online form.

Reselling

The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by DL Host to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless DL Host, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by DL Host under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Responsibility for Content

The customer is solely responsible for the content stored on and served by his servers.

Entire agreement.

This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, DL Host MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.

Severability and Reformation.

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the state of Kentucky and the laws of the United States applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Kentucky courts, judicial district of Bedford

Complaints

Complaints or TOS & AUP violations must be reported to abuse@dlhost.com, by fax (1-859-426-3413) or by mail at : DL Host, 23 Crosby Drive Suite #101, Bedford, MA 01730 USA.

Changes and rights

DL Host may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that DL Host may impose from time to time, provided that the Customer has been given 30 days notice.