Terms Of Service
Acceptable Use Policy

Terms Of Service

Refund Policy - As a company, Dean-Martin.com takes pride in the services we provide for our customers. If you are unsatisfied with our hosting services - either managed or discount hosting plans - within the first 30 days, we will refund 100% of your hosting fees. If you have been a customer for more than 30 days and our services become unsatisfactory in any way (excessive down time, failed email services, etc.) just let us know and we will either credit your account for an additional months free hosting, or cancel and refund your previous months hosting fees.

Please note that domain name fees are non-refundable as ICANN cannot back these out of their system. Once paid for the domain name is finalized and it becomes yours for the years that you have registered it. You are free to transfer it at any time to another registrar or sell it to another party if it is no longer useful to you.

We guarantee 100% satisfaction for our network and IT consulting work and web site design services. If you are unhappy in any way with our services we will work with you to assure your complete satisfaction. Should this not be possible or their is a problem that we are unable to resolve we will refund the amount of any unsatisfactory work.

Payment Terms - Our Payment terms are due and payable at the time that your hosting account is created and / or domain name registered. Payment for web design services and network consulting are charged by the hour or on a per contract basis. Typical contract terms are 1/4 initial deposit, 1/4 payable upon overall site design and approval, 1/4 payable as a progress billing and the final amount payable after the site is complete and the client satisfied. Acceptable payment vehicles are check / money order, Paypal payments and Credit Card Payment. Due to many factors we cannot bill multiple month terms to Credit Cards - only month to month accounts. We will automatically bill your credit card each month until you desire to terminate our services.

Acceptable Use Policy

As a high-quality web hosting provider to thousands of customers, dean-martin.com values its good reputation. Accordingly, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs. Nonetheless, the following constitute examples of unacceptable uses of our services, which will result in suspension, or termination of the customer’s account:

Affronts to Etiquette. Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by here by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@dean-martin.com).

Age. The client must be 18 years of age to obtain our service.

Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. dean-martin.com supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, we will not substitute ourself for a court of law in deciding tort claims raised by the third party.

Abuse of the law. Dean-martin.com’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. We reserve the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography. Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of dean-martin.com’s servers.

Abuse of dean-martin.com’s Server Resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of our servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of  bandwidth traffic can be terminated without prior notice. Dean-martin.com can set an additional domain name to be pointed to your site's IP address for a one time $10 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

Hacking/Cracking. We reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@dean-martin.com

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of dean-martin.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of dean-martin.com to provide this knowledge or support outside matter specific to our servers.

Backups. Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to our error, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, we will attempt to recover the data from the most recent archive for a $50.00 fee.

IP numbers. dean-martin.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Limitation of Liability. Dean-martin.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Further, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

Dean-martin.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. We reserve the right to terminate an account at any time and for any reason that causes harm to any our customer's web sites. We reserve the right to delete all content and files upon termination. We reserve the right to withhold any pre-paid funds for any site removed for violations of these policies. We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Dean-martin.com reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Uses Policies should be referred to abuse@dean-martin.com