Terms & Conditions of Service
Diligence.biz provides web hosting to many clients, and we have a responsibility
to protect each client and to provide the best services available.
The following guidelines were designed to ensure these obligations are
met.
These terms and conditions also apply to resellers and their customers.
Content:
All services provided by Diligence.biz 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,
or any International laws is prohibited. This includes, but is not limited
to:
copy righted 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 Diligence.biz from any
claims resulting from the use of the service which damages the subscriber
or any other party.
Pornography and sex-related merchandising is prohibited on all
Diligence.biz
servers. This includes sites that links to such content.
If you are unsure whether or not your site falls into this category
feel free to contact us with a description
before signing up for an account or publish material as an existing
customer.
Diligence.biz will be the sole arbiter in determining violations
of this provision.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Diligence.biz servers or any other
server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software.
- Pornography and sex-related merchandising.
- Violations of Copyrights.
- Hacker programs or archives.
- Warez sites.
- Hate propaganda.
Diligence.biz will be the sole arbiter as to what constitutes a violation
of this provision.
MP3 and other music files
We do not allow the storage or distribution of MP3 files containing
copyrighted music. You may distribute MP3 files of music you have created.
Unsolicited Commercial E-mail (SPAM)
Spamming, or the sending of unsolicited email, from a Diligence.biz
server or using an email address or domain that is maintained on an Diligence.biz
machine as reference is STRICTLY prohibited. As delegated by our upstream
providers, any sites using spam or selling of spam related software
or bulk email content will be closed.
Diligence.biz will be the sole arbiter as to what constitutes a violation
of this provision.
Spamming WILL get your account terminated.
All accounts
We have found most our customers to stay within "reasonable limits"
However, to maintain the integrity of our service, we must state the
following restrictions:
To all our accounts applies the following restrictions:
- Multiple hosts resolving at an IP or domain name
that we provide without our prior permission.
- Sites with cgi's running from their domain used on other domains.
- Sites using more than 10% of system resources on any one server.
Diligence.biz will be the sole arbiter as to what constitutes a violation
of this provision.
Chat Rooms
We do not allow clients to install their own cgi or php chat rooms.
These tend to be a large drain on system resources and we cannot allow
it as an account option. However, we provide two chat systems with our
premium and Advanced hosting accounts which you may use free of charge.
30 Day money back guarantee
We are so confident you will be happy with our web hosting services
that we offer a 30 day, no quibble money back guarantee.
If you are unhappy with any aspect of our service, and we are unable
to put things right to your satisfaction, we will refund all web hosting
charges paid by you (less 10% to cover credit card commission and associated
charges).
To claim on this guarantee you must notify us of your wish to cancel
an account within the first 30 days following activation.
There are only three exclusions:
- Because domain name registration fees are passed on by us to the
registration authorities we cannot refund these.
- We reserve the right to pass on any excess bandwidth charges incurred
by you in the first 30 days.
- Dedicated servers are not covered do to the amount of work required
to set them up.
99.9% uptime guarantee
If your web site down time exceeds this level in any calendar month,
we will offer a 5% credit to your account for every hour the site is
down. In order to receive credit for your down time, you must submit
a request on this form within 30 days of
the occurrence.
Conditions:
- Diligence.biz will issue a refund to the customers account in the
event of a Service Outage due to the failure of one of the following
pieces of equipment owned and operated by Diligence.biz or one of
its suppliers; the ATM Network, the LAN or a web hosting server. For
purposes of this guarantee, Service Outages shall be defined as 10
consecutive minutes of web site (HTTP) inaccessibility as measured
by our independent monitoring services.
- Diligence.biz will not be held responsible for Service Outages resulting
from equipment not owned or operated by Diligence.biz or its suppliers.
This includes, but is not limited to, Internet NAP failures or congestion
(Problems with one specific dial up ISP etc.) and non Diligence.biz
backbone failures. Additionally, Diligence.biz will not be held responsible
for delays in the registration or transfer of a domain due to registry
related issues, for outages resulting from malfunctioning customer
scripts or applications that are installed by the customer, nor for
unusual traffic spikes or "denial of service" attacks on customer
web sites.
- Refunds will be issued upon request by the customer and upon determination
that a Service Outage, as defined by this guarantee, has occurred.
Refund requests must be made within thirty (30) days of the time period
during which the Service Outage took place. Regardless of the number
of outages, all refunds are limited to a maximum of one month's hosting
service fees and do not include excess usage fees, setup fees or other
non-standard recurring charges. Additionally, Service Outages will
not include downtime due to Acts of God, nor for outside security
breaches. Finally, Diligence.biz will not be held liable for Service
Outage damages resulting in the loss of prospective profits or anticipated
sales or as a result of expenditures, investments, or commitments
in connection with the business.
IP Addresses and DNS delegation
We provide IP address information in your welcome email. This is provided
to allow access to the web site and control panel until the domain name
has been transferred to our DNS servers. Customers are not permitted
to link to their site or address via an IP address based link once the
transfer is complete. This is for your own safety as it prevents links
becoming out dated if we change your IP address.
All customers must change their domain names' DNS servers to those
specified on their welcome email. We do not permit customers to use
external DNS management tools because of the likelihood of failure if
we change an IP address.
All IP addresses remain the property of Diligence.biz or its upstream
providers and are provided according to ARIN and RIPE rules and only
when required for technical reasons.
Billing
Recurring Billing: We DO NOT send out invoices. All credit cards
are billed automatically on the anniversary of the date the account
was ordered. So if a client orders hosting on the 15th of the month
they would be billed on the 15th every month. We believe this is sufficient
advance notification of payment due. It is the clients responsibility
to ensure that they have sufficient credit to cover this transaction.
In the event that a card is declined for any reason we will suspend
the web site and send an e-mail with instructions for submitting a new
credit card. If a new credit card is not submitted within 24 hours the
web site will be deleted without further warning.
If your web site is important, you are strongly recommended to pay
using a credit card, not a debit card (which are more prone to failures)
or to pay annually (for which you will receive a discount).
Reseller Billing: If your credit card fails for any reason
we will contact you asking for a replacement credit card number. If
the account remains unpaid for 3 days (72 hours from date of our first
attempt to charge your card) all your sites will be deleted without
further notice. We do not provide extended credit facilities so please
make sure we always have your up to date contact details.
Refunds
Regular Hosting Clients: Should you become unsatisfied with
our services within the first 30 days of your account activation,
Diligence.biz
will refund your hosting fee subject to the money back guarantee terms
listed above.
Dedicated servers: The 30 day money back guarantee does not
apply to dedicated servers because of the time and cost involved in
setting up the servers.
Cancellation Refunds: We DO NOT refund partial monthly or annual
hosting fees for accounts cancelled after 30 days from the date of activation.
For example, if you cancel an annual account after 6 months you will
not get a refund of 6 months hosting fees.
Account Cancellations
To cancel an account please fill out this
form - Click Here.
Accounts will be closed the same day, we do not schedule closures for
the end of the current months hosting. Accounts are only be considered
cancelled once we have conformed by e-mail that we have cancelled it
for you. If you have not received conformation from us it means your
account is still open and you will be billed for all services provided
until we have given such confirmation.
Diligence.biz will not be held liable for the non arrival of your request
to cancel an account. It is your responsibility to ensure that you have
received confirmation of the account closure from us.
When an account is cancelled, all of its files are deleted and are
not recoverable.
Correspondence
In the event of written notification of account termination being sent
by Diligence.biz to a customer, any such communication sent by normal
post shall be considered received by the customer.
Threats & Blackmail
In the past some customers have attempted to leverage free services
by making threats against Diligence.biz, its staff or networks.
For example: we do not provide support with building of web sites but
we have been threatened by customers that if we don't build their web
site for them they will seek to harm our business.
We deplore this activity because of the negative effect it has on our
staff and other customers who pay for the services the require.
We take these sort of threats very seriously.
Making threats will result in your account being cancelled without
notice.
Background Running Programs
CRON JOBs:
We may allow programs to run continually in the background. These are
considered on a case-by-case basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
IRC:
We do not allow IRC or IRC bots to be operated on our servers.
Telnet
Diligence.biz provides SSH (secure telnet) access on some accounts.
SSH access is provided for the purpose of testing scripts and carrying
out site maintenance. It is not provided for any other purpose and there
is no warranty of any kind should SSH fail to function for off server
connections or activities.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of
Diligence.biz is strictly prohibited. Offenders will be prosecuted
to the fullest extent of the law.
Domain name registration
Domain names registered for use with web hosting accounts provided
by Diligence.biz are registered in the customers name. Diligence.biz is listed as technical, admin (and sometimes billing) contact for
the domain name. These contact details can be changed at the customers
request, but we reserve the right to cancel any hosting agreement connected
with the domain name if this is done.
Domain name registration fees are not refundable. It is the customers
responsibility to ensure that all names are spelled correctly prior
to ordering domain names.
Limits of support
Diligence.biz provides support with server side problems only. These
include, non functioning of facilities provided with your hosting account
and any faults which exist on the server your site is hosted on.
Customers are responsible for designing and maintaining their own web
sites. We do not provide advice or support for any programming issues
like cgi, php or asp.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
Sub-domains:
Diligence.biz reserves the right to transfer any sub-domain in
domains of its possession to an alternative domain.
Limitation of liability:
Your use of Diligence.biz's services are at your sole risk.
All Diligence.biz services are provided on an "AS IS"
basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion
of implied warranties, so this exclusion may not apply to you in full.
Diligence.biz makes no guarantee of availability of service and reserves
the right to change, withdraw, suspend, or discontinue any functionality
or feature of the Diligence.biz service.
IN NO EVENT WILL Diligence.biz BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE Diligence.biz's SERVICES OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall
be controlled by the laws of Scotland. The U.N. Convention of
Contracts for the International Sale of Goods is expressly excluded
from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive
jurisdiction of the courts of Scotland (which is where our company is
domiciled), and the parties agree to submit to the personal and exclusive
jurisdiction and venue of these courts.
Diligence.biz reserves the right to change or amend these Terms of
Service at any time without prior notice. By submitting your order
to Diligence.biz, you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't submit an order!
Violations of these Acceptable Uses Policies and Terms of Service should be
referred to
abuse@diligence.biz
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground
for immediate account deactivation without refund.
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