Darktides Company Info About Us:

Terms of Service

Darktides Communications, LLC agrees to provide the client web hosting for a monthly/annual fee. Darktides Communications will never require clients to advertise for Darktides Communications on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a Darktides Communications server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Background-running Programs

As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Darktides Communications reserves the right to disable the account pending client cooperation and resolution.

Chat servers/scripts of any kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on community servers and can hinder the performance of normal delivery for other Site Owners.

Formmail scripts are banned on our servers, aswell as any script with "formmail" in its filename. You can find many more secure alternatives to formmail and its very easy to use a script with an alternative filename. Any instances of formmail will be deleted without warning.

Content

All services provided by Darktides Communications may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Darktides Communications from any claims resulting from the use of the service which damages the subscriber or any other party.

Note:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Darktides Communications will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez sites
- Porn
- Spamming software

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Darktides Communications (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Darktides Communications, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Darktides Communications against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Darktides Communications server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Darktides Communications to the amount paid for service.

Intellectual Property Rights

Material accessible to you through Darktides Communications's Services may be subject to protection under American (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Darktides Communications Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Darktides Communications Network. If you use a domain name in connection with the Darktides Communications Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Darktides Communications Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Darktides Communications will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Refusal of Service
Darktides Communications reserves the right at its sole discretion to refuse or cancel service. Violation of any of Darktides Communications's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail

You must not use the Darktides Communications Network, Darktides Communications equipment or any Darktides Communications email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Darktides Communications Network, Darktides Communications equipment or any Darktides Communications email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Darktides Communications reserves the right to disable your domain without warning. In addition, Darktides Communications may impose a £100 penalty for each spam policy violation. Darktides Communications solely reserves the right to refuse or cancel service to known spammers. Lastly, Darktides Communications reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Refunds Policy

You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month. If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.

Disclaimer

Darktides Communications will not be responsible for any damages your business may suffer. Darktides Communications makes no warranties of any kind, expressed or implied for services we provide. Darktides Communications disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Darktides Communications and its employees. Darktides Communications makes no "uptime" guarantees.

Darktides Communications keeps backups of key server systems only. Darktides Communications can accept no responsibility for any loss of data or consequences arising from this. Darktides Communications always advises clients to back up their site data regularly for its own protection.

Darktides Communications furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Darktides Communications. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Darktides Communications then Darktides Communications will not be responsible for maintaining hosting for the resellers customers.

Finally, Darktides Communications wishes to emphasize that in accepting services, customers indemnify Darktides Communications for the violation of any law or Darktides Communications policy, that results in loss to Darktides Communications or the bringing of any claim against Darktides Communications. This means that if Darktides Communications is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Darktides Communications, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Darktides Communications reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
(C)opyright 2002-2009, Darktides Communications LLC
All rights reserved.