Use of the DS5000.com Server system constitutes acceptance and agreement to DS5000's Terms as well as our Acceptable Use Policy (AUP), payment and fraud policy.

Where the context admits: "We" includes Derrick Santos Interactive, DS5000.com or any party acting on DS5000.com's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.

By using our services you agree to be bound by our terms and conditions below:


1. Web Site Hosting And Email

1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1.4 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.5 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.6 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.7 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
1.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.13 Any access to other networks connected to the DS5000.com Server must comply with the rules appropriate for those other networks.
1.14 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.15 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse and IP number posted on our "name and shame" forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
1.16 In relation to clause 1.15, we have the right to charge a $150 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
1.17 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.

2. Web Site Hosting Service Availability

2.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
2.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.4 Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).

3. Payments

3.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3.2 Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize DS5000.com to debit your account renewal fees from your card.
3.3 All payments must be in either $USD (US dollars) or $CAD (Canadian Dollars).
3.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.  Your account will be suspended if payment is not received 3 days after the due date, except for dedicated servers and co-location services which will be suspended at 12:01am the day following the due date.
3.5 All orders may be subject to a telephone call to confirm the order prior to the account being set up.  Orders for dedicated servers and co-location services will require a call verification and a fax with the following information:

               (a) Photo copy of a state or provincial issued ID

               (b) If paying by credit card, we will require a Credit Card Authorization

                    Document, with your name, address, credit card number and type, expiry

                    date, cvv2 number, and telephone number, with a signature authorizing

                    the debit of your account each month.
3.6 From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
3.7 If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the DS5000.com Server system and it's sister websites.
3.8 If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud and our fraud policy, as detailed on our website, will be used to collect such monies without exception.

4. Web Site Hosting Termination

4.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.4 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees.  Refunds will not be given to terminated accounts.
4.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
4.6 You may cancel the Services at any time.  Canceling payments (PayPay recurring billing) to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will not be given.
4.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
4.8 When an account termination request is received it will only be done if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.  A telephone check may be conducted.
4.9 When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
4.10 Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.

5. Resellers

5.1 Resellers may cancel their account at anytime by contacting us at support@ds5000.com

5.2 Resellers may only resell space on their dedicated servers.  You may not under any circumstance resell space that you have left in your web hosting package.  Any user found to be doing this will have their account suspended, and may have their account terminated after an investigation has been completed.
5.3 The reseller will be responsible for their customers and must ensure that their customers do not break any parts of our terms and conditions.
5.4 If a resellers customer is found to be sending small amounts of unsolicited email (aka spam) the reseller must warn the customer that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the resellers account.
5.5 We have the right to suspend / terminate any website, including resellers customer websites is mass spamming, abuse occurs.
5.6 We will not be held liable for the actions of our resellers.
5.7 Resellers must act in a professional business manner at all times.
5.8 A reseller may sell their customers to us at a price we set.
5.9 Resellers must not create web hosting packages that contain features that we do not offer, however resellers may offer hosting packages from other providers with additional / different features than those we offer.
5.10 Resellers must make their customers aware of our terms and conditions and our privacy policy, however they do not have to disclose that we are their service provider.
5.11 When an account termination request is received it will only be done if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.  Telephone verification may be conducted.
5.12 When an account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date. All termination requests must be made via e-mail at support@ds5000.com
5.13 Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.
 

6. Adult Website Hosting

6.1 We do not under any circumstances allow adult content that contains any person under the age of 18.
6.2 Adult hosting customers agree for us to check their content on a daily basis to protect against underage and / or illegal content.
6.3 Any customer found to be hosting underage and / or illegal content i.e., child porn will have their account terminated immediately and the offending content will be passed to the FBI/CSIS on ALL occasions.
6.4 A fine of $150 will be taken from any customer found to be hosting child porn and no refunds will be paid.
6.5 We reserve the right to decline any adult related website at our discretion.

7. Secure Certificates

7.1 Secure certificate fees are non refundable
7.2 We require proof of authority to use the domain name for which the certificate is applied for, and proof of identity before we will issue your certificate. Proof must be faxed to us.
7.3 For business application we may also require proof of business trading.
7.4 The certificate is for a 12 month period only. You may renew your certificate before it expires for continuous service.
7.5 If the renewal payment is not received at the end of the 12 month service period your certificate will be suspended.

8. Dedicated servers

8.1 Our dedicated server packages have no minimum contract.  Service is provided on a month-to-month basis.
8.2 Set up fees are non refundable
8.3 Software support is not covered by our managed policy unless the software is installed by us.
8.4 You are free to install any legal software on our dedicated servers, this includes but is not limited to: Perl modules, Apache systems, PHP modules, PHP/Perl based systems.
8.5 You must make any person(s) that may use the dedicated server aware of our terms and conditions and our privacy policy, however you do not have to disclose that we are your service provider.
8.6 If you intend to resell services to other individuals via your dedicated server then you must comply with our reseller terms as above.
8.7 Service will not commence until we have received as signed and dated copy of our dedicated server service agreement.
8.8 Our management service applies to server uptime, bandwidth uptime, cPanel software issues, firewall management (if applicable), reboots, hardware issues, security management and general support questions. It does not include the installation of additional systems, including modules, scripts, 3rd party systems, or system recompiles. Dedicated server customers are free to install these themselves or we can install them as per our hourly rate as below.
8.9 Work conducted outside of our management service is charged at $150 per hour. We will require your confirmation of work to be completed and fee's payable for this before we will action the request.
8.10 Dedicated customers must also comply with section 1. Web Site Hosting And Email and section 3.Web Site Hosting Service Availability, as above. 

10. Co-Location Services

10.1 Co-location customers will abide by the terms set forth in section 8 of this agreement.

10.2 Co-located servers are not managed by us.  You fully manage your own servers.  We will support our network, and be responsible for supplying you with a network connection as described in your purchase agreement, space for your server as described in your purchase agreement, and any other services that are described in your purchase agreement.

10. Credit / Debit Card Chargeback's

10.1 If services have been used and the customer requests their bank to recall the payments made (referred to as a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances.
10.2 All actions of fraud are automatically reported to the police and dealt with according to our fraud policy as detailed on our website without exception.
10.3 Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.
10.4 A fine of $500.00 will be accessed to anyone who fraudulently requests a bank chargeback for services provided.  This fine and the fees that you owe will be collected in a way described by law.

11. Domain Names

11.1 Domain name regulations are governed by ICANN.  You must comply with all terms and conditions, or risk the forfeiture of your domain name.

11.2 All contact information in your whois record must be correct and up-to-date.

11.3 Derrick Santos Interactive and or DS5000.com has the exclusive right to be listed as the domains registrant.  You can use your own information for the Technical and Billing contacts, or you can use us.  The Administrative section must contain your information, there are no exceptions to this.

12. Law

12.1 This Agreement shall be governed by and construed in accordance with the laws and statutes of the United States of America and the State of Rhode Island and Providence Plantations and/or the State of Georgia and/or the state of Pennsylvania and/or the Province of Ontario in Canada.  You hereby submit to the non-exclusive jurisdiction of the American and/or Canadian courts.

13. Headings

13.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

14. This Agreement

14.1 By performing any transactions on this web site you agree to these terms and conditions, our acceptable use policy (AUP), fraud policy, payment policy and also agree to make any person(s) who use our services aware of our terms and conditions.

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