The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our hosting services. All use of our hosting services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Design Delineations' services implies agreement with these terms!
In addition to this document, please review our Privacy Policy.
We do not control, modify or screen the content of any client sites, except where it consists of the following:
Any site hosted with us where the above types of content are found shall be summarily terminated without any compensation for unused time. In addition, we will forward contact information to the appropriate legal authorities and cooperate fully with them. We reserve the right to periodically re-evaluate these criteria and add to it as deemed necessary.
Each site enjoys a generous monthly amount of bandwidth. Sites which need more bandwidth are required to pay an overage fee, or upgrade to the next plan level. Custom solutions may be available for greater needs, contact us for your situation. The client may not share, resell or sub-lease any portion of the storage space or bandwidth obtained from Design Delineations. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
While we recognize that email can be a useful tool for communicating with customers and vendors, we have adopted a strict anti-SPAM policy to protect our clients and our own business interests. “SPAM-ing”, or the sending of unsolicited e-mail, from a Design Delineations server or using an e-mail address or domain that is maintained on a Design Delineations machine as reference is strictly prohibited. Design Delineations will be the sole arbiter as to what constitutes a violation of this provision.
Under no circumstances can any domain account hosted with us be used for mass unsolicited e-mailings (SPAM-ing). If SPAM-ing is reported and verified, the account shall be removed from our servers without any notice and without any refund.
“SPAM-vertising”, which is defined as unsolicited email prompting the recipient to go to a web address, or send mail to an email address at a particular domain is strictly prohibited, even if the message does not originate on our network. If the message advertises, solicits visits to, or promotes a domain we host, it will be terminated.
If more than 1 verifiable complaint is receive about a domain hosted with us - even if the SPAM did not originate from our servers or network - we will terminate the account without notice or refund.
Most people do not appreciate or tolerate unsolicited email. It is considered a nuisance by many and will not likely increase your sales, revenues or profits. In fact you can expose yourself to litigation, fines, and the loss of your hosting and/or ISP account.
If you are using an “opt-in” list, make doubly sure that the user really opted in! Many commercial lists do not have good filtering and are in fact nothing more than a collection of harvested emails. Be very careful when using such a list.
Do not advertise your site, or any other that is hosted by Design Delineations in unsolicited emails. This will only serve to get your account canceled when we receive complaints. This is referred to sometimes as “SPAM-Vertising”.
Any attempts to undermine or cause harm to a Design Delineations Internet Solutions server or customer of Design Delineations is strictly prohibited.
Design Delineations will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. Design Delineations will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Design Delineations' hosting accounts include a nightly backup service, however these backups are for Design Delineations' administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Design Delineations does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Design Delineations' part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
We accept credit cards, checks and money orders. Accounts paid by personal check will not be processed until the check clears the bank. Accounts paid by bank check or money order are processed upon receipt by postal mail. Accounts paid by PayPal are set up upon notification of receipt of the funds by PayPal. Any additional service fees or plan trade-ups must be prepaid. Checks returned for any reason will result in a $25 returned check fee.
For clients wishing to pay by check/money order we must receive payment and have it clear our bank before the renewal date. We will not be responsible for maintaining your site content beyond the renewal date. PayPal is a good alternative to credit card use, and there is no waiting for mail delivery and bank clearance. We will send a renewal request notification before your account is dropped. Any site which has been canceled for non-payment or non-renewal will have to be re-ordered as a new account.
You may upgrade your account to a larger hosting package at any time by calling us at (866) 874-8710.
You may downgrade your hosting plan only at the time of your renewal. We require advanced notice, prior to your renewal date.
Design Delineations makes no claim to the content of any client site. You are not obligated to display any advertisement or logo on your site. We consider sites we develop to be commissioned works. That is, you may do with them what you please at any time without hassle or difficulty from us once the work has been paid for. However, rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Design Delineations and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Whenever we display commissioned works, we will provide a link to the Web site from which content was drawn.
In the extremely unlikely event of prolonged downtime or loss of service, Design Delineations shall not be liable for any incidental losses beyond any refunds due as stated in the Terms of Service. This includes, but is not limited to: loss of productivity, lost profits, or compensation for any inconvenience. We will refund hosting fees for downtime as indicated above. We make a concerted effort to ensure our clients do not violate our Terms of Service, but we cannot be held liable for any site’s content other than our own. Issues of copyright, libel, or other dispute must be brought with the owner of the domain. We will cooperate fully with any criminal or civil investigations. The content and design of the Design Delineations Web site is copyright and may not be broadcast, distributed, copied or quoted without the express consent of the owners of Design Delineations. See US Patent and Trademark office at www.uspto.gov.
We reserve the right to update, modify, or change the Terms of Service as needed at any time. Any substantial change of policy shall be communicated to all clients via email. Any client wishing to cancel service as a result of a substantive change in the Terms of Service shall have the right to do so according to the Termination section above, without being assessed an early termination fee. However, after 15 days from notification of a change to the Terms of Service, continued use of the service by the client indicates acceptance of the changes to the Terms and Conditions.
Design Delineations shall be the sole arbiter of what is and is not a violation of these acceptable usage policies. In addition Design Delineations reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our company. We also reserve our right to refuse service to anyone.
We can be reached at (315) 261-3363. To send a fax, please dial (866) 225-7491. You may email us at for all inquiries. We are the point of contact for all inquiries regarding your service.
You agree to indemnify and hold Design Delineations and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, or your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
We are proud of our support response time and accuracy. In an effort to efficiently handle the volume of support and information requests we receive, we take all requests for service via email at . We ask our clients’ cooperation in using this powerful communication tool to help us better serve our customers in a fair and equitable manner.
Should the client wish to discontinue the service , apply in writing for a refund to: Design Delineations, Attn: Harvey Ramer, 4 Prospect Street, Norwood NY 13668. Hosting services used shall be billed up to and including the month in which the request was made, the balance of which shall be returned to the client.
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