Policy

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITES OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITES OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the “Terms of Service”) apply to your use of *.delainhosting.com (the “Websites”) and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the “Services”).
The Websites are operated by Delain Hosting LLC.
By using the Websites, you agree to be bound by and to use the Websites under these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Websites, or to products and services that we make available to you through the Websites (all of which are deemed part of these Terms of Service). Accessing the Websites, in any manner, whether automated or otherwise, constitutes use of that website and your agreement to be bound by these Terms of Service.
The use of services from Delain Hosting, LLC [hereafter referred to as “Delain Hosting, we, and or us.] constitutes agreement to these terms.

Account Setup / Email on File / Accurate Details
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Services In general, the services we offer are shared hosting, dedicated servers, VPS, domain services, DNS service, email, and technical support. Shared Hosting Shared hosting allows multiple websites to utilize a single server. Usually, you’ll have no idea who or what websites you’re sharing the resources of a server with. Each customer will usually have a limit on the total amount of server resources they can use, but this will be defined by your hosting package.

User Conduct
Abusive behavior not to swearing, cursing, insulting, and or threatening behavior towards Delain Hosting, its staff or customers is strictly forbidden. Personal abuse of any kind, whether transmitted across live chat, an instant messenger, email, support ticket, or any other means will result in immediate termination of service. In this event, the customer will not be issued any refund.
Shared Hosting Limits
All shared hosting accounts are limited to 250,000 Inodes (Files). Shared Hosting is limited to 1 CPU Core, 1 GB RAM, 20 Entry Processes, 100 Processes, 10 Megabytes/second I/O, and 25 Concurrent MySQL Connections. Accounts found to be consistently exceeding these limits will either need to optimize to reduce usage or upgrade to a Premium Hosting or VPS plan. Shared accounts may not resell web hosting to other people if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.

Dedicated Servers
Delain Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Delain Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@delainhosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Domain Services
We offer Domain Registration, Domain Transfer, Domain Renewal, Domain restoration, Domain management as provided by our web site API, and using the domain you already own. Delain Hosting is not a registrar. We are a reseller for NameSilo. Please see the Rights and responsibility links located here: https://www.icann.org/en/resources/registrars/registrant-rights-responsibilities.

Transfers
We do not currently offer transfer service from your current/old provider to Delain Hosting. We will offer guidance if possible.

Account Content
All services provided by Delain Hosting may only be used for lawful purposes. The laws of the State of Tennessee and the United States of America apply. The customer agrees to indemnify and hold harmless Delain Hosting from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support@delainhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Examples of prohibited material on all Shared, VPS and Dedicated Servers include:
Explicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts/anonymizers, pirated software / nulled software/warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, e-gold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please contact us at support@delainhosting.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct Customers
Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Account Security
The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months. You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements. All software must be kept up to date, including scripts, plugins, and themes, or otherwise, be secured against unauthorized intrusion or hacking. If we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of $75 per hour rounded up to the nearest hour.

Viruses & Security
Delain Hosting does not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access the Websites securely. You should use your virus protection software.
Delain Hosting will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any content on it, or on any websites linked to it.
You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Websites, the server on which the Websites is stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of-service attack. Delain Hosting will report any such breach to the relevant law enforcement authorities and Delain Hosting will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.

Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a “safe list” or “double opt-in” will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read this for our generalized mail policy. Sites advertised via SPAM (spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Delain Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with its established policies or to make any such modifications in an emergency at its sole discretion. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of $75 per hour rounded up to the nearest hour.

Zero Tolerance Phishing Policy
Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, PINs, or any other personal information. Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. If your account is suspended for phishing there is a very good chance that your account will not be re-enabled. Any account suspended or terminated due to a phishing policy violation will be ineligible for a refund. We may invoice you an hourly fee of $75 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.

Resource Usage
Users may not: Use 25% or more of system resources for longer than 120 seconds. Numerous activities could cause such problems; these include CGI scripts, FTP, PHP, HTTP, MySQL, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Operate any sort of chatbox, shoutbox, or other chat platforms that are hosted directly from our servers. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. Participate in any file-sharing/peer-to-peer activities. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc. Run cron entries with intervals of less than 5 minutes without prior written approval. Use Shared hosting accounts for the storage of backups or other data not related to active websites. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”). When executing a local script via cron, execute it locally via “PHP -q ~/public_html/the-script-name.php > /dev/null” and not via “wget”. If “wget” is required, append “-O /dev/null” to the end of the cron.

Backups and Data Loss
Your use of the service is at your sole risk. Delain Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Delain Hosting servers. While Delain Hosting does maintain backups of your files and/or data on our Shared, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All backup files, backup-*.tar.gz, and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by Delain Hosting. Backup Generation The backup process which packages and compresses your account can be very resource-intensive and as such all backup processes should be performed during off-peak times as defined in section of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time.

Backup Generation – Shared
The backup process which packages and compresses your account can be very resource-intensive and as such, all backup processes should be performed during off-peak times as defined in section of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time. Backup Generation – Off-Peak Times Off-peak times which are acceptable for backup generation are defined as Monday through Friday from 10 PM ET to 7 AM ET. Saturday and Sunday at any time [12:01 AM ET Saturday to 11:59 PM ET Sunday]. IPv4 Addresses (IP Addresses) – Shared Delain Hosting does not recognize or condone the usage of Dedicated IP addresses in a shared environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing. Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. You will be billed for bandwidth usage beyond your allocated amount at the rate of $0.10 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.

Backup Generation – Off-Peak Times
Off-peak times that are acceptable for backup generation are defined as Monday through Friday from 10 PM ET to 7 AM CST. Saturday and Sunday at any time [12:01 AM CST Saturday to 11:59 PM CST Sunday]
Cancellations and Refunds
Cancellations must be submitted via our Billing and Support system at https://www.delainhosting.com/clients. Full step-by-step cancellation directions can be found in our knowledgebase. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Refund requests after the initial 30 days of service will result in a pro-rated credit being added to your Delain Hosting client account. Prorated credits will be calculated less any promotions or discounts applied to the term being credited. After 30 days, a prorated refund may be given at Delain Hosting’s sole discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated. There are no refunds for tech support, design services, or domain registrations. All licenses are non-refundable including, but not limited to: cPanel Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund. Customers may cancel at any time via the cancellation form in your client dashboard. Delain Hosting gives you an unconditional 15-day money-back guarantee on managed shared and VPS. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for a refund. Delain Hosting reserves the right to cancel any account at any time with or without notice.

Payment Information
You agree to supply appropriate payment for the services received from Delain Hosting, in advance of the period during which such services are provided. You agree that until and unless you notify Delain Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. We accept Visa, MasterCard, Discover, American Express, and PayPal. We use Stripe for credit card billing and we don’t keep any of your Credit Card Data on file. We will accept mail-in payments on annual or longer billing cycles only with prior approval from our billing department. For all payment methods, we charge a service fee base on what the payment service charges us. This includes Mail-in payment Postage will be charged at the current rate. Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once the cancellation is submitted via our support system you will receive a cancellation confirmation. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your “spam” or “junk” folder for this confirmation message. As a client of Delain Hosting, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Delain Hosting provides a 14 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 14 days and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater when they become 14 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated and your data deleted. Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact billing@delainhosting.com. Delain Hosting reserves the right to change the monthly payment amount and any other charges at any time.

Payment Issues
In the event of a chargeback aka a dispute, or if we have belief in an imminent chargeback, by a credit card company, credit card holder, or similar action by another payment provider, including, but not limited to PayPal, Stripe, bank or federal credit union, allowed by us in connection with your payment of fees for any Services, we may suspend access to all Accounts you have with us and all interests in and use of any domain name registration services. We may cancel any order(s) associated with anything covered in this section, but may not provide a refund. We may reinstate your rights to and control over these Services solely at our discretion, and potentially subject to our receipt of the unpaid fees and our then-current reinstatement fee as otherwise communicated to you by us. If you have an issue with the credit card or other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process company to request a chargeback or reversal of the charges. Violations of these Terms of Service will waive the refund policy and no refund or credit will be granted.

Money-Back Guarantee
Each of Delain Hosting managed shared and VPS services carry a 15-day unconditional money-back guarantee. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund. Any domain name registered for free is valued at $14.95 and the refund will be reduced by this amount. No refunds will be granted for dedicated servers, tech support, design services, and domain registrations — the 15-day money-back guarantee does not apply.

Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Delain Hosting dependent upon justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@delainhosting.com with justification. All requests must be made in writing via email within the 7 days following the calendar month where the uptime guarantee was not met. Uptime guarantees only apply to shared solutions.

Network Availability Guarantee
Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Premium offerings are covered by our Uptime Guarantee. Price Change The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on delainhosting.com, and the right to increase the number of resources given to plans at any time.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Delain Hosting harmless from all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against Delain Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Delain Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Delain Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Delain Hosting.

Trademarks
Delain Hosting and the Delain Hosting logo are trademarks of Delain Hosting. All rights reserved. All other trademarks are the property of their respective owners.

Limited Liability
Under no circumstances, including negligence, shall Delain Hosting, its officers, agents or anyone else involved in creating, producing or distributing Delain Hosting services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Delain Hosting services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Delain Hosting’s records, programs or services. The customer hereby acknowledges that this paragraph shall apply to all services, products, content tangible or intangible from Delain Hosting.

Arbitration
By using any Delain Hosting services, you agree to binding arbitration. If any disputes or claims arise against Delain Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Delain Hosting’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for all costs related to such arbitration.

Disclaimer
Delain Hosting will not be responsible for any damages your business may suffer. Delain Hosting makes no warranties of any kind, expressed or implied for services we provide. Delain Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service interruptions caused by Delain Hosting and its employees. No failure or delay by Delain Hosting in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.
No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Disclosure to Law Enforcement
Delain Hosting may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Addendum Terms and Agreements
By agreeing to these terms of service you agree to have read and understood not only this document, but our unlimited policy, support scope, and our mailing policy documentation and agreements. Severability If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Changes to the Terms of Service
Delain Hosting reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Websites or Services. Every time you wish to use the Websites, please check these terms to ensure you understand the terms that apply at that time. Please see below for when these terms were most recently updated.
Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.