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d.h.e.a. Consulting Assoc., Inc. - Acceptable Use Policy

d.h.e.a. Consulting Assoc., Inc., provides web hosting and email services. d.h.e.a. Consulting Assoc., Inc. reserves the right to suspend or cancel any client's access to any portion or all of d.h.e.a. Consulting Assoc., Inc. services, when d.h.e.a. Consulting Assoc., Inc. deems that the account has been used inappropriately. d.h.e.a. Consulting Assoc., Inc. reserves the right to refuse service and/or access to its servers to anyone.
User Policy

1. d.h.e.a. Consulting Assoc., Inc. prohibits sites engaged in:


o Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.
o Internet abuse including but not limited to spamming - mass unsolicited emailing (explained further below), distribution of mass emailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, spamming support staff. Spammers can be held responsible for a $500 clean up fee.
o Systems abuse including but not limited to
use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, reselling CGI scripts.
o Adult content
The determination of what is "adult content" and prohibited shall be solely made by d.h.e.a. Consulting Assoc., Inc. management.

2. Mail Abuse Defined


o Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship ("E-mail spam"). d.h.e.a.reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
o Harassment including, but not limited to, through language, frequency or size of messages.
o Unauthorized use, or forging, of mail header information.
o Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
o Creating or forwarding "chain letters" or other "schemes" of any type.
o Use of unsolicited E-mail originating from within d.h.e.a.'s network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by d.h.e.a. , or connected via d.h.e.a.'s network.

3. Bulk E-mail Obligations


o Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings for that express purpose, from the sender before sending email to that list.

4. Policy Violation


Should a policy violation occur, d.h.e.a. Consulting Assoc., Inc. reserves the right to terminate the account without notice and without any refunds. The policy-violating client will be held responsible for any damages to d.h.e.a. Consulting Assoc., Inc., including but not limited to, d.h.e.a. Consulting Assoc., Inc. system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee.

5. Web Site Content


The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on d.h.e.a. Consulting Assoc., Inc. servers). d.h.e.a. Consulting Assoc., Inc. is not responsible for any lost files, information, or data.

6. System Updates


The client understands that system updates occur in real-time and as queued batch processes. Certain system updates can occur without warning when it's deemed necessary to protect our resources or our clients security. Most system updates happen after ample notice has been given to all affected parties. d.h.e.a. Consulting Assoc., Inc. reserves the right to modify the processing times at any time without notice. If a client or d.h.e.a. Consulting Assoc., Inc. support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in our system.

7. Support


o Free customer support is provided via email.
o Billing inquiries will be answered within one business day.
o Client agrees not to spam support.
o Normal support hours are
(in Eastern Standard Time)
Mon-Fri: 8am - 10pm
Sat-Sun: 8am - 8pm
o d.h.e.a. Consulting Assoc., Inc. does not provide web site design, custom programming and scripting, or web site consulting services as an inclusion in hosting packages. Design, scripting and other consulting services may be available at project pricing.

8. Payment Policy


o There is no setup fee required before any shared hosting service is activated. Dedicated, collocated, managed services and other system upgrades and or feature enhancements may require an initial setup fee.
o All services are on a monthly (30 day) prepayment basis. Quarterly, semi-annual and annual prepayment programs are available.
o Full payment is required before any hosting service is rendered, which includes renewals.
o There is a 30 day money back guarantee. Simply send us notice before your first month is complete, including reasons for disatisfaction and your hosting fees will be refunded.
o Bills, invoices or reciepts will be sent by email. It is the customers responsibility to maintain a current email address with d.h.e.a. Consulting Assoc., Inc. accounting staff.
o d.h.e.a. Consulting Assoc., Inc. accepts credit card payment (Visa, Mastercard & American Express).
o Online credit card payment can be authorized and assessed in real time.
o Once an order is successfully submitted, the client is subject to d.h.e.a. Consulting Assoc., Inc.’s refund policy.
o Checks and money orders are made out to d.h.e.a. Consulting Assoc., Inc. Print Domain Name/Client Number on Check
o d.h.e.a. Consulting Assoc., Inc. mailing address is:

d.h.e.a. Consulting Assoc., Inc.
57060 Bonne Terre
New Hudson, Michigan 48165
Phone: 248.981.4902
Fax: 248.486.5587


o Client has 14 days to get payment to d.h.e.a. Consulting Assoc., Inc. after first email notification to the billing contact of a renewal.
o Payment must be received or services are not rendered.
o If payment is not received on time, then the account can be suspended or cancelled. Closing accounts will erase all customer data from hosting servers.
o If a check is returned due to non-sufficient funds, there will be an additional processing fee of $20.
InterNIC Fees
o All InterNIC fees are separate from d.h.e.a. Consulting Assoc., Inc. costs and the client is responsible for timely payments to InterNIC for domain ownership.
o It is the responsibility of the client to maintain current and accurate registrant information with InterNIC for the domain. d.h.e.a. Consulting Assoc., Inc. can not be held responsible for charges, late fees and cancelations of domains due to inaccurate or incomplete registrant information regarding the domain.
o It is not the responsibility of d.h.e.a. Consulting Assoc., Inc. to maintain the current paid status of any domain hosted by us. d.h.e.a. Consulting Assoc., Inc. can not modify or transfer domains without the express permission of our clients.

Policy Changes:

o d.h.e.a. Consulting Assoc., Inc. reserves the right to change prices at any time.
o All monetary transactions will occur in $US dollars.
9. Additional Features
o Additional features can be added at any time.
o Monthly feature prices are not prorated.
o Add-on costs are non-refundable regardless of whether the service was used.
o Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle.
o Additional services will be activated when payment is received.

10. Renewal Notification and Billing Schedule


Renewal is automatic unless d.h.e.a. Consulting Assoc., Inc. is notified prior to the end of the billing cycle.
Credit Cards
Credit cards are charged on the 1 of the month for the hosting accounts billing cycle. After successful payment, an email notification will be sent to the billing contact.
Checks/Money Orders
Checks or money orders are due within 14 days of the first notification. If payment is not received, the account can be suspended or cancelled at the end of the billing cycle.

11. Credit Card Failures


In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be cancelled.

12. Returned Checks: Non-Sufficient Funds


If a check is returned, the client is subject to a $20 processing fee.

13. Account Reactivation


If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $19.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including hosting fees, additional features, and NSF check processing fees.
If an account was cancelled due to policy violation, d.h.e.a. Consulting Assoc., Inc. reserves the right to refuse reactivation of the account.

14. Refund Policy


o 30-Day money back guarantee requests need to be made before the monthly billing cycle closes and apply to recurring monthly hosting fees only.
o If d.h.e.a. Consulting Assoc., Inc. terminates an account due to policy violation, there will be no refund. The policy violator may be charged a $500 clean up fee.
o Monthly fees and one-time fees associated with additional features are non-refundable.

15. Referral Policy


o A new account is considered 'referred' only if during the online application process, the new client indicates the domain name of their referral contact and the new account is hosted for 90 days and has no outstanding invoices or past due balance with d.h.e.a. Consulting Assoc., Inc..
o If a site is referred, then the referral contact is credited hosting fees equivalent to one (1) month of service. Credits are only valid for referred sites of equal or greater value. This credit carries no cash value and is only credited toward d.h.e.a. Consulting Assoc., Inc. hosting costs.
o Referral credits are applied to the referral client's account at the next billing cycle.

16. Cancellation


d.h.e.a. Consulting Assoc., Inc. reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. d.h.e.a. Consulting Assoc., Inc. reserves the right to delete the policy violating web site content without notice.
Customers can cancel service at any time. All account cancellations are to be requested by sending email to eoprisiu@dheacons.com
If the client requests cancellation, their account will be terminated at the end of the current billing cycle, or immediately. If the client specifies immediate account termination, d.h.e.a. Consulting Assoc., Inc. reserves the right to delete the web site contents without notice.
If an account is cancelled due to non-payment, d.h.e.a. Consulting Assoc., Inc. reserves the right to delete the web site contents without notice.

17. Indemnification


Client agrees to defend, indemnify and hold harmless d.h.e.a. Consulting Assoc., Inc. against any liabilities arising out of defective products sold to customers from d.h.e.a. Consulting Assoc., Inc. servers, personal injury or property damage caused by products or services sold or distributed from d.h.e.a. Consulting Assoc., Inc. servers, any material that infringes or allegedly infringes on the rights of a third party available from d.h.e.a. Consulting Assoc., Inc. servers, and any material that libels or allegedly libels a third party available from d.h.e.a. Consulting Assoc., Inc. servers.

18. Disclaimer


d.h.e.a. Consulting Assoc., Inc. is not responsible for any damages to any client's business. d.h.e.a. Consulting Assoc., Inc. makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of d.h.e.a. Consulting Assoc., Inc.'s web hosting and email service is at the client's sole risk. d.h.e.a. Consulting Assoc., Inc.'s services are provided on an "as is, as available" basis.
d.h.e.a. Consulting Assoc., Inc. does not guarantee that our services will be uninterrupted or error free. d.h.e.a. Consulting Assoc., Inc. will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will d.h.e.a. Consulting Assoc., Inc. be liable for any claims resulting from the use or inability to use d.h.e.a. Consulting Assoc., Inc.'s services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to d.h.e.a. Consulting Assoc., Inc. servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

19. d.h.e.a. Consulting Assoc., Inc. reserves the right to revise our policies at any time.

Last updated: Oct. 16, 2003

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