DMEHosting Virtual Private Server Terms of Service (TOS)

This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Subscriber”, and DMEHosting.

1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of DMEHosting’s Acceptable Use Policy:
DMEHOSTING’s provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to, DMEHOSTING's Acceptable Use Policy (“DMEHOSTING’S AUP”) -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including DMEHOSTING’S AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

2. Cancellation of Service:
DMEHOSTING reserves the right to cancel this TOS Agreement and to permanently disconnect the service that DMEHOSTING provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that DMEHOSTING provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at http://clients.dmehosting.com/, or filing the Cancellation Procedure within the “Client Area” at least five (5) days prior to Subscriber’s next monthly billing date. DMEHOSTING will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that DMEHOSTING has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from DMEHOSTING’s facility.

3. Disconnection of Service:

1. Not by way of limitation of DMEHOSTING’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that DMEHOSTING provides to Subscriber, DMEHOSTING also reserves the right to temporarily disconnect (suspend) the service that DMEHOSTING provides to Subscriber (or any one of them, if Subscriber has more than one account or server):
• For Subscriber’s failure to timely pay any fee or amount due to DMEHOSTING, in which case DMEHOSTING will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that DMEHOSTING provides to Subscriber may be terminated if payment is not made within 24 hours; and/or
• If DMEHOSTING determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes DMEHOSTING’s AUP), and DMEHOSTING believes that Subscriber can timely and appropriately cure said violation. If, in DMEHOSTING’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that DMEHOSTING provides to Subscriber may be terminated, without notice to Subscriber, until DMEHOSTING’s investigation is complete, which investigation DMEHOSTING shall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that DMEHOSTING provides to Subscriber is suspended, interrupted or terminated.

4. DMEHOSTING Not Obligated To Review Activities or Notify of Violations:
DMEHOSTING is under no obligation to review Subscriber's and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes DMEHOSTING’s AUP) has occurred. Further, DMEHOSTING does not assume any responsibility by virtue of this TOS Agreement (which includes DMEHOSTING’s AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

5. Amendment:
DMEHOSTING reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including DMEHOSTING’s AUP). DMEHOSTING will provide notice of such amendment(s) by posting such amendment(s) on DMEHOSTING’s website at http://www.DMEHosting.com/Forums/, and Subscriber’s use of DMEHOSTING’s services after DMEHOSTING posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber’s early cancellation of this TOS Agreement or the service, nor grounds for Subscriber’s non-payment for the service that DMEHOSTING provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by DMEHOSTING to Subscriber thereafter. It is Subscriber’s responsibility to review, from time to time, this TOS Agreement (including DMEHOSTING’s AUP), as published on DMEHOSTING’s website, for any amendment(s).

6. Assignment:
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of DMEHOSTING. DMEHOSTING may transfer and assign this TOS Agreement, the Service and all of DMEHOSTING’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

7. Waiver:
Waiver by DMEHOSTING of Subscriber’s breach of any term or condition of this TOS Agreement (including DMEHOSTING’s AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including DMEHOSTING’s AUP).

8. Compliance with law:
Inasmuch as the service that DMEHOSTING provides to Subscriber is controlled and operated by DMEHOSTING from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that DMEHOSTING provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that DMEHOSTING provides to Subscriber.

9. Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using DMEHOSTING’s services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that DMEHOSTING provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Responsibilities:

1. Subscriber Shall Defend and Indemnify DMEHOSTING: Subscriber shall fully defend, indemnify, pay and hold harmless DMEHOSTING and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such DMEHOSTING related parties collectively referred to under this Section 10.A. as “DMEHOSTING-related party”) for any Subscriber violation(s) of this TOS Agreement (which includes DMEHOSTING’s AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to DMEHOSTING or an DMEHOSTING-related party, or in any claim made or threatened against DMEHOSTING or an DMEHOSTING-related party by any third-party. If DMEHOSTING or an DMEHOSTING-related party is sued (or if a suit is threatened against DMEHOSTING or an DMEHOSTING-related party) because of Subscriber's or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against DMEHOSTING and any DMEHOSTING-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of DMEHOSTING’s and any DMEHOSTING-related party’s expenses and costs (including DMEHOSTING’s and any DMEHOSTING-related party’s reasonable attorneys’ fees) related thereto;
2. DMEHOSTING Not Liable: The service that DMEHOSTING provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall DMEHOSTING or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:
• Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that DMEHOSTING provides to, or is to provide to, Subscriber;
• Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data;
• The cost to procure any substitute service;
• Any unauthorized access or use of Subscriber’s account; or
• Any third party conduct or other matter relating to the service;
3. Content Responsibility: DMEHOSTING takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at DMEHOSTING’s premises and/or using the service that DMEHOSTING provides to Subscriber;
4. Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including DMEHOSTING’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;
5. Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and DMEHOSTING shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that DMEHOSTING provides to Subscriber;
6. Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: DMEHOSTING is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at DMEHOSTING’s premises and/or to the service that DMEHOSTING provides to Subscriber. Any server computer owned by Subscriber on DMEHOSTING’s premises or otherwise under DMEHOSTING’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, DMEHOSTING will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, DMEHOSTING will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;
7. Subscriber’s Responsibility To Insure: DMEHOSTING is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and DMEHOSTING is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in DMEHOSTING’s possession or control or otherwise;
8. Subscriber’s Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from DMEHOSTING’s premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay DMEHOSTING a $20.00 handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.

11. Subscriber Contact Information, Updates & ID:
Subscriber shall, at http://clients.dmehosting.com/, provide DMEHOSTING with, and shall update DMEHOSTING immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that DMEHOSTING may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to DMEHOSTING prior to Subscriber’s preliminary visit, if any, to DMEHOSTING’s data center.

12. Age/ Legal Authority:
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that DMEHOSTING provides to Subscriber, and Subscriber herewith assures DMEHOSTING that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures DMEHOSTING that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service DMEHOSTING provides to Subscriber.

13. Payment Information:

1. Service Rates: The nature of the service that DMEHOSTING provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by DMEHOSTING. DMEHOSTING may amend its rates and fees from time to time, at DMEHOSTING’s discretion, by posting said change(s) on DMEHOSTING’s website at http://www.DMEHosting.com/Forums/, which rate change shall become effective as outlined in said posting;
2. Payment: DMEHOSTING may charge Subscriber a one-time, pre-agreed set-up fee before DMEHOSTING establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for DMEHOSTING’s continued provision of the service that DMEHOSTING provides to Subscriber. Subscriber agrees that DMEHOSTING may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that DMEHOSTING receives payment on or before the due date;
3. Invoicing: DMEHOSTING does not send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice.
4. Refunds and Disputes: All payments made to DMEHOSTING by Subscriber or on Subscriber’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to DMEHOSTING within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge DMEHOSTING deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay DMEHOSTING, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;
5. Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, DMEHOSTING may charge Subscriber a $15.00 administrative fee per occurrence;
6. Additional Charges for Failure to Timely Pay: Without limiting DMEHOSTING’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that DMEHOSTING provides to Subscriber, should DMEHOSTING suspend the service that DMEHOSTING provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to DMEHOSTING, Subscriber may be required to pay DMEHOSTING, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.

14. Rates / Charges / Service Plans:

1. 1Gbit Un-metered Service Plan: Each server is connected via private (non-shared) 1Gbit port to the DMEHOSTING 101 Gbit backbone shared by all servers subscribed to DMEHOSTING’s un-metered service plans. The bandwidth is NOT dedicated. Servers on the 1Gbit un-metered service plan can expect average 30000GB-50000GB/month throughput on outbound transfer (from the server to the internet) and up to 300TB/month throughput on inbound transfer (from the internet to the server);
2. 100Mbit Un-metered Service Plan: Each server is connected via private (non-shared) 100Mbit port to the DMEHOSTING 101 Gbit backbone shared by all servers subscribed to DMEHOSTING’s un-metered service plans. The bandwidth is NOT dedicated. Servers on the 100Mbit un-metered service plan can expect average 15-20TB/month (15000-20000GB/month) throughput on outbound transfer (from the server to the internet) and up to 30TB/month throughput on inbound transfer (from the internet to the server);
3. Dedicated Bandwidth: Dedicated bandwidth, if not over-subscribed, is available at $4-$15/month/Mbit depending on commitment.

15. Un-metered and Burstable Bandwidth Usage:
DMEHOSTING will pro-actively monitor Subscriber's bandwidth/ backbone usage to ensure that bandwidth resources are shared equally among all DMEHOSTING subscribers. DMEHOSTING reserves the right to take corrective action if a plan Subscriber's usage adversely impacts other subscribers or the network. DMEHOSTING will never charge any overage fees regardless of Subscriber's bandwidth usage. However continuous bursting for several hours a day at the same time of day repeatedly may be considered abusive. DMEHOSTING may adjust Subscriber's port so the bandwidth usage reflects the expected usage described Paragraph 14 A. B. C & D. above.

16. Service and Support:

1. Support & Support Boundaries: Within DMEHOSTING’s field of service and ability, DMEHOSTING offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at DMEHOSTING’s facility is(are) unmanaged, and DMEHOSTING offers only that the service provided by DMEHOSTING to Subscriber’s server computer(s) is online and remotely accessible. DMEHOSTING does not offer technical support for application-specific issues, and DMEHOSTING shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact DMEHOSTING by opening a help ticket with the support desk for technical assistance at http://clients.dmehosting.com/. In the event DMEHOSTING needs to ship out of DMEHOSTING’s premises any failed component of a server owned or controlled by Subscriber for any reason, a $20.00 handling fee per shipment plus all shipping costs will be applied;

2. Service Faults / No DMEHOSTING Liability / No Warranty: DMEHOSTING does not guarantee that the service that DMEHOSTING provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, DMEHOSTING’s limitation of liability under Section 10.B. above, in no case shall DMEHOSTING or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:

i) Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that DMEHOSTING provides to, or is to provide to, Subscriber,

ii) Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data,

iii) The cost to procure any substitute service,

iv) Any unauthorized access or use of Subscriber’s account or

v) Any third-party conduct or other matter relating to the service. .

DMEHOSTING AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO REQUEST OR ADVICE FROM SUBSCRIBER TO DMEHOSTING, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY.
SUBSCRIBER IS SOLELY REPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT DMEHOSTING PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

3. Facility Access: Visits to DMEHOSTING’s facility must be scheduled at least twenty-four (24) hours prior to the visit. Should Subscriber need emergency access to Subscriber’s server computer, Subscriber must contact DMEHOSTING technical support and request access at least fifteen (15) minutes prior to the emergency visit. Subscriber shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by DMEHOSTING, etc.). and Subscriber shall submit a photo ID for DMEHOSTING’s records prior to Subscriber’s initial visit to DMEHOSTING’s facility. Guided tours for prospective clients (non-subscribers) are permitted, at the sole discretion of DMEHOSTING, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;
4. IP Address Allocation / Ownership: If DMEHOSTING assigns Subscriber an Internet Protocol (“IP”) address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to DMEHOSTING, and Subscriber shall have no right to use that IP address/number except as permitted by DMEHOSTING in its sole discretion in connection with the services provided by DMEHOSTING to Subscriber during the term of this TOS Agreement. DMEHOSTING shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by DMEHOSTING, and DMEHOSTING reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. DMEHOSTING’s allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (“ARIN”), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN’s policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. DMEHOSTING will periodically review IP address usage, and if DMEHOSTING finds that Subscriber and/or Subscriber’s Sub-Users are using IP addresses or numbers where name-based hosting could be used, DMEHOSTING will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise DMEHOSTING may retract said unused IP address or number without prior notification to Subscriber.

17. Unauthorized Use of Account:
Subscriber shall not reveal Subscriber’s account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber’s account, Subscriber shall not use anyone else’s account, and Subscriber shall immediately notify DMEHOSTING of any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and DMEHOSTING shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that DMEHOSTING provides to Subscriber.

18. Disclosure of Subscriber’s Information to Law Enforcement and to Third Parties:
Subscriber herewith acknowledges and agrees that the DMEHOSTING may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be allowed by ARIN policies from time to time, DMEHOSTING will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). DMEHOSTING shall apply the terms of this section to any/all of Subscriber’s Sub-Users, and Subscriber shall notify all of Subscriber’s Sub-Users of these terms,
19. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):

• DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that DMEHOSTING provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to:

• DMEHOSTING reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if DMEHOSTING determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber’s network or on a Subscriber's Sub-User’s network, or if DOS attacks are originating from Subscriber’s network);

• Subscriber will pay "Research Fees" of $175.00 per hour to compensate DMEHOSTING for employee time spent investigating Subscriber’s violation. DMEHOSTING reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation;


• First violations of DMEHOSTING’s SPAM/ UCE/ UBE policy will result in an "Administrative Fee" of $250.00; a second violation will result in an "Administrative Fee" of $500.00, and immediate cancellation of Subscriber’s service; and

• DMEHOSTING may notify law enforcement officials if the violation is believed to be a criminal offense;


• DMEHOSTING's remedies are cumulative and they may be exercised concurrently or separately at any time.


• Lack of action by DMEHOSTING with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

IMPORTANT NOTICE:
A Subscriber hosting websites or services on Subscriber’s server computer supporting spammers or resulting in any of DMEHOSTING’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow DMEHOSTING access to its server computer(s) to confirm that all material has been COMPLETELY removed.
Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

20. Compliance with DMEHOSTING’S AUP:

1. DMEHOSTING’s AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with DMEHOSTING’s AUP, and to take reasonable steps to ensure that Subscriber’s Sub-Users comply with DMEHOSTING’s AUP at all times. DMEHOSTING’s AUP applies to Subscriber and to each/all of Subscriber’s Sub-Users and to each/all server computer, network, device and/or system under Subscriber’s control or assigned to Subscriber related to the service DMEHOSTING provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from DMEHOSTING’s services that violates any of the terms of DMEHOSTING’s AUP;
2. DMEHOSTING reserves the right to investigate actual, suspected or alleged violations of DMEHOSTING’s AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. DMEHOSTING shall not be in default of this TOS Agreement if DMEHOSTING’s investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber’s server computers;
3. DMEHOSTING may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber’s Sub-Users who are involved in any violation of DMEHOSTING’s AUP. Subscriber shall assist DMEHOSTING to comply with all laws, ordinances, regulations and rules related to the service DMEHOSTING provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of DMEHOSTING, DMEHOSTING reserves the right to comply with any Investigation without notice to Subscriber;
4. Without limiting DMEHOSTING’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that DMEHOSTING provides to Subscriber, DMEHOSTING may also, in its sole discretion, take any one or more of the following remedies for a violation of DMEHOSTING’s AUP:

• Disable access to Subscriber’s content that violates DMEHOSTING’s AUP;
• Remove DNS records from Subscriber’s server computer(s);
• Block email or any other network services;
• Effect IP address null routing;
• Take direct action against Subscriber’s Sub-Users;
• Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of DMEHOSTING’s AUP attributable to Subscriber.
• DMEHOSTING's remedies are cumulative and they may be exercised concurrently or separately at any time.
• Lack of action by DMEHOSTING with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

21. IRC & PROXY:
At this time, we currently allow IRC and Proxy related services on our Virtual Private Servers. However, DMEHOSTING holds the right to suspend, or terminate, a client if their VPS is using those servers for malicious reasons.

22. DMEHOSTING's Remedies Cumulative / No Waiver:
DMEHOSTING’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by DMEHOSTING with respect to any remedy shall not serve as a waiver of that or any other remedy at any time.

23. DMEHOSTING’s Trademarks:
All trademarks, service marks, logos, product names and service names of DMEHOSTING comprise the trademarks of DMEHOSTING, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without DMEHOSTING’s prior written permission.

24. Colocation Servers/Equipment and Insurance:
Not by way of limitation of the other provisions of this TOS Agreement, particularly the provisions of Sections 10.G and 10.H., DMEHOSTING is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ colocation system/data against destruction, damage, taking, unavailability or other loss, and DMEHOSTING is not responsible for, and Subscriber is solely responsible for, fully insuring any/all colocation server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in DMEHOSTING’s possession or control or otherwise. Subscriber is solely responsible for packaging and removing from DMEHOSTING’s premises/control any/all colocation servers and equipment owned or controlled by Subscriber. Subscriber shall pay DMEHOSTING a $20.00 handling fee plus shipping costs per package for any server/equipment that Subscriber requests DMEHOSTING to ship. Any colocation server or equipment not removed within thirty (30) days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.