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IMPORTANT!
THESE TERMS AND CONDITIONS (THESE "TERMS
AND CONDITIONS") GOVERN THE USE OF THE
Dreaming Host WEB SITE, MATERIALS AND SERVICES
BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY
REFERRED TO AS "YOU"). BY USING
THE WEB SITE/MATERIALS/SERVICES, YOU AGREE
TO ALL OF THE PROVISIONS CONTAINED OR REFERRED
TO IN THESE TERMS AND CONDITIONS. Dreaming Host
RESERVES THE RIGHT TO CHANGE THESE TERMS AND
CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION.
YOUR USE OF THE WEB SITE/MATERIALS/SERVICES
AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE
CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS AND CONDITIONS
REGULARLY
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form
of order confirmation does not signify our
acceptance of your order, nor does it constitute
confirmation of the order or our offer to
sell. We reserve the right, in our sole discretion,
without prior notification, to accept or decline
your order or limit the order quantity for
any reason. For credit card payments, such
payment is subject to the approval of the
financial institution issuing the credit card
and we shall not be liable in any way if such
financial institution refuses to accept or
honor the credit card for any reason. We may
require, at our option, that any order placed
over certain dollar amounts receive our pre-approval.
We also may require additional verification
or information before accepting any order.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order
either by means of electronic ordering (web
order form) or submitting a written contract,
and receipt of such order by Dreaming Host, that
you are agreeing to our TOS and AUP.
No modifications of said contract by customer
are allowed.
2. Dreaming Host will provide, and Customer will
purchase and pay for, the Services, and service
fees specified in the Order for the applicable
Service Description. Customer acknowledges
that the service and service fees have been
communicated to the customer, and that he/she
is aware of all applicable charges as per
contract, AUP and TOS. Customer also
understands that any promotional offers unless
specified in contractual terms will not be
applicable to their individual service.
3. In connection with any Hosting Services,
if Customer’s actual bandwidth or disk
usage in any month exceeds allotted amount,
specified in Customer’s contract, Customer
will pay Dreaming Host any additional fees as specified
in the Service Description. If you do not
pay, Dreaming Host will suspend your account until
payment is received.
Payment:
Establishment of this service is contingent
upon receipt of payment from Customer to Dreaming Host.
Subsequent payments are due on the anniversary
date of the month for that month’s service,
unless customer requests all monthly payments
to be consolidated to one specific billing
date.
Payments and Fees:
Payment is due on the defined monthly recurring
billing date of each month. Credit cards that
are declined for any reason are subject to
a 10 € declination fee. Service will be
interrupted on accounts that reach 5 days
past due. Service interrupted for non-payment
might be subject to a
10 € reconnect charge. Accounts
not paid by due date might be subject to a 5 €
late fee.
Delinquent Accounts:
Dreaming Host may temporarily deny service or terminate
this Agreement upon failure of Customer to
pay charges when due. Such termination or
denial will not relieve Customer of responsibility
for the payment of all accrued service fees,
or any collection fees.
ACCEPTANCE OF TERMS
Dreaming Host ("Dreaming Host") makes available
for your use on this Web site (the "Site")
information, documents, software and products
(collectively, the "Materials")
and various services operated by Dreaming Host
(collectively, the "Services"),
subject to the terms and conditions set forth
in this document (the "Terms of Use").
By accessing or using this Site, which includes
your access to or use of any of the Services/Materials,
you agree to the Terms of Use. Dreaming Host reserves
the right to change the Terms of Use from
time to time at its sole discretion. Your
use of the Site will be subject to the most
current version of the Terms of Use posted
on the Site at the time of such use. In addition,
when using particular Services or Materials
on this Site, you shall be subject to any
posted guidelines or rules applicable to such
Services or Materials that may contain terms
and conditions in addition to those in the
Terms of Use. All such guidelines or rules
are hereby incorporated by reference into
the Terms of Use. If you breach any of the
Terms of Use, your authorization to use this
Site automatically terminates and you must
immediately destroy any Materials downloaded
or printed from the Site.
Account Cancellation:
All requests for canceling any service / services
must be made through the Dreaming Host Billing
Center. Confirmation receipt of cancellation
will be sent within 24 hours.
Refunds and Disputes:
All payments to Dreaming Host are non-refundable
after Customer's 30-day money-back guarantee
period. See
here for the terms of our 30 day refund policy.
This includes any setup fees and monthly fees,
regardless of usage. All billing disputes
must be reported within 30 days of the time
the dispute occurred. Disputed charges to
your credit card issuer, also known as chargebacks,
under the terms and conditions of our
AUP and TOS, will result in service interruption,
as well as reconnection fees to restore the
desired service.
ACCEPTABLE USE
You may not take any action that violates
our Acceptable Use Policy, which can be found
here http://DreamingHost.com/usage.htm.
PRIVACY POLICY
Dreaming Host collects, stores and uses data collected
from You in accordance with the
Company’s Privacy Policy.
LIMITED LICENSE
Use of certain Dreaming Host services grants a
limited licence to use various software products,
including Plesk, cPanel and Clientexec, this list is not exhaustive.
The limited licence allows you, the customer,
to make use of such software, up to the limits
of your service, for as long as your service
is current and up to date. Upon termination
of your service your right to use such software
is also terminated and any licence keys, serial
codes etc. should be returned to Dreaming Host
and no longer used. The limited licence grants
rights to use such software on Dreaming Host equipment
only and the licence cannot be used on any
other equipment.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate
or require user-supplied information, materials
or communications (collectively, 'User Content').
Depending upon the nature of the Service,
by submitting User Content to this Site you
grant Dreaming Host one of the following two types
of licenses:
1. For User Content that is the result of
your creative efforts, such as examples of
work you have done using Dreaming Host products,
you hereby grant Dreaming Host a worldwide, royalty-free,
non-exclusive license to reproduce and modify
(for purposes of formatting, maintenance or
Site administration only) such User Content.
You also grant Dreaming Host the right to distribute
and publicly display and perform such User
Content for the purpose for which such User
Content was submitted to the Service. This
license will be in effect until such User
Content is removed from the Site.
2. For User Content such as comments to the
Dreaming Host User to User Forums, Knowledge base,
you grant Dreaming Host an unrestricted, worldwide,
irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute such
User Content, and you also agree that Dreaming Host
is free to use any ideas, concepts, know-how
or techniques that you send us for any purpose.
However, we will not release your name or
otherwise publicize the fact that you submitted
such User Content to us unless: (a) we first
notify you that the User Content you submit
to a particular part of the Site will be published
or otherwise used with your name on it; or
(b) we are required to do so by law.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality
of your username and/or password, if applicable.
You are responsible for all uses of your account,
whether or not actually or expressly authorized
by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN
A WRITTEN AGREEMENT BETWEEN YOU AND Dreaming Host,
ALL MATERIALS AND SERVICES ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, Dreaming Host MAKES
NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM THE SITE WILL BE CORRECTED. SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO
THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.
Dreaming Host MAY MAKE CHANGES TO THE MATERIALS
AND SERVICES AT THIS SITE, INCLUDING THE PRICES
AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND Dreaming Host MAKES NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
Dreaming Host ASSUMES NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION, DOCUMENTS,
SOFTWARE, MATERIALS AND/OR SERVICES WHICH
ARE REFERENCED BY OR LINKED TO THIS SITE.
REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES
AND PRODUCTS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED.
IN NO EVENT SHALL Dreaming Host OR ITS SUPPLIERS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT Dreaming Host HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS SITE. SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY MATERIALS THROUGH
THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Dreaming Host OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF USE.
This Site contains links to third-party Web
sites that are not under the control of Dreaming Host.
Dreaming Host makes no representations whatsoever
about any other Web site to which you may
have access through this Site. When you access
a non-Dreaming Host Web site, you do so at your
own risk and Dreaming Host is not responsible for
the accuracy or reliability of any information,
data, opinions, advice, or statements made
on these sites or for the quality of any products
or services available on such sites. Dreaming Host
provides these links merely as a convenience
and the inclusion of such links does not imply
that Dreaming Host endorses or accepts any responsibility
for the content or uses of such Web sites.
This Site can be accessed from other countries
around the world and may contain references
to Dreaming Host products, services, and programs
that have not been announced in your country.
These references do not imply that Dreaming Host
intends to announce such products, services
or programs in your country.
Entire Agreement; Amendments
These Terms and Conditions, together with
the Acceptable Use Policy and the Privacy
Policy, supersede any prior discussions, negotiations
and agreements between the parties with respect
to the subject matter hereof, and these Terms
and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, constitute
the sole and entire agreement between the
parties with respect to the matters covered
hereby.
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