DNY Solutions Terms and Agreement

- All services provided by DNY Solutions 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 law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute.

- Note: Pornography and sex-related merchandising are prohibited. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links:

• Pirated software or MP3 files
• Hackers programs or archives
• Warez Sites
• Porn
• Spamming Software

- DNY Solutions will be the sole arbiter as to what constitutes a violation of this provision.

- DNY Solutions will monitor Customer's disk usage and if it exceeds the usage agreed upon, DNY Solutions shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.

- If a customer disputes a setup / renewal charge for any account, we will not re-activate the service, unless the customer re-purchases the charge backed fee plus all bank transaction fees involved.

- Accounts terminated due to policy violations will not be refunded.

- Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased ($5 per additionally generated GB with the Personal plan. In case of failure to cover the fees incurred by traffic over usage, DNY Solutions reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case DNY Solutions takes corrective actions under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

- We do not allow running and linking to IRC servers, or running of IRC bots and clients such as Eggdrop, BitchX, ircii, etc.

- We do not allow background running programs.

- To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:

• Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
• CPU usage limitations: Scripts that take too much real CPU time will be terminated.
• Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will be delayed. A nice error message will be displayed to the visitor's browser, and the script will try to reload after 5 seconds.

- We do not allow running of proxy software on our servers.

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

- Materials, accessible to you through DNY Solutions services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, you must not use DNY Solutions services 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 DNY Solutions's network. If you use a domain name in connection with DNY Solutions's service, you must not use that domain name in violation of any third party trademark, service mark, or similar rights.

- Customers may not use DNY Solutions's network in 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 exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, 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. DNY Solutions will fully cooperate with investigations of violations of systems or network security. This also includes 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.

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

- You must not use DNY Solutions's network, DNY Solutions's equipment or any DNY Solutions's email address in connection with the transmission of Spam, flames, mail bombs, or similar unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way implicates the use of the DNY Solutions's network, DNY Solutions's equipment or any DNY Solutions's 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 without his/her prior consent. 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, DNY Solutions reserves the right to disable your account without prior notice. DNY Solutions has the right to refuse or cancel service to known spammers. Finally, DNY Solutions reserves the right to determine at its sole discretion what constitutes a violation to its anti-spam policy. Any violation in regards to this policy may result in cancellation of services without refund.

- Any attempt to undermine, slander, libel, threaten or cause harm to any DNY Solutions's customer, employee, and property or to the company directly is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

- Customer agrees to indemnify, defend and hold harmless, DNY Solutions, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Customer agrees to limit the liability of DNY Solutions to the amount paid for the service.

- DNY Solutions will not be responsible for any damages your business may suffer. DNY Solutions makes no warranties of any kind, expressed or implied for the services it provides. This includes loss of data resulting from delays, non-delivery of services, wrong delivery of services, and any service interruptions caused by DNY Solutions and its employees. DNY Solutions reserves the right to amend or update these terms without notice. Failure to follow any terms and conditions may result in account deactivation.

- DNY Solutions furthermore expects that its customers who provide Internet services to others will fully comply with DNY Solutions Terms of Use and with all applicable laws concerning the privacy of online communication.

- DNY Solutions reserves the right at its sole discretion to refuse or cancel service. Violation of any of DNY Solutions's Rules and Regulations could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension.