This agreement represents the complete agreement and understanding between DTX Host and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via DTX Host services, DTX Host may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our Billing Department at (0115) 9197775 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.
1. DTX Host makes no warranties of any kind, whether expressed or implied, for the service it is providing. DTX Host also disclaims any warranty of merchantability or fitness for a particular purpose. DTX Host will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by DTX Host may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any International regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. DTX Host reserves the right to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify DTX Host from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. DTX Host reserves the right to cancel service for any reason without prior notice.
5. Setup fees if any, and all domain registrations, if registered through DTX are not refundable. There are no exceptions.
6. Additionally, CUSTOMER agrees not to utilise the DTX Host service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message.
7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
8. DTX Host requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. DTX Host cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of DTX Host's network services shall not disrupt DTX Host, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilised by a subscriber, DTX Host reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any DTX Host user or to any directly or indirectly attached network. Use of DTX Host's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by DTX Host shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of DTX Host's service, DTX Host's equipment or any site hosted on any DTX Host network.
10. Customer warrants that any material submitted for publication on DTX Host does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. DTX Host reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
11. If DTX Host becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, DTX Host, at its discretion, may, at any time deny access to the challenged material of Customer. Failure to comply with any requests to remove copyrighted material, will result in either account suspension or removal of said items by our server admins.
12. DTX Host will not host any web site with PORNOGRAPHIC contents or any CASINO sites.
13. Use of other organisations' networks or computing resources is subject to their respective permission and usage policies.
14. Use of DTX Host's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
15. Transferring your domain to another provider does not constitute cancelling your DTX Host account. You must notify DTX Host to formally cancel your account with DTX Host to avoid further charges.
16. A) Hosting Accounts - DTX Host services are provided on prepaid basis. All payments have to be made before the beginning of each term. In case of non-payment or late payment of an account within a 7 days of due date, DTX Host will automatically suspend the account. At our discretion and on a case by case basis auto suspension maybe bypassed where there are extenuating circumstances however these must be conveyed to us at the appropriate time. DTX will without notice remove the client's data from its systems and any equipment following termination. For the purposes of this clause, the date of termination will be either the date that DTX receives authorisation from the client instructing cancellation of account or the date of expiry exceeds 14 days.
B) Domain names - DTX Host will notify you of any domain name renewal in advance it is your responsibility to make sure payment reaches DTX registration services BEFORE the due date to avoid losing the domain. Once a domain has expired it may be difficult to get back online and charges for re-enstating maybe levied.
17. On occasions, DTX Host may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.
18. It is the responsibility of the customer to contact DTX Host of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorising them to make any changes to that account.
19. DTX does not under any circumstances tolerate any activities whatsoever relating to child pornography, abuse, or any such solicitations being detrimental to any juveniles. Any evidence of this occurring using DTX Servers or Networks will result in immediate account closure, and all relevant information will be passed on to the appropriate authorities.