Service
Contract

D-webhost Service Contract Where the
content states: “We” or “Us” or “Our” includes D-webhost
or any party acting on D-webhost’s implicit instructions. “You” or
“Your” or “Reseller” or “client” or
“customer” includes the person purchasing the services and/or any
party acting on the customer’s instructions. “Member” includes the
purchaser of services and/or any party acting on the purchaser’s instructions.
“The Registrant” includes the person applying for a domain name or
any party acting on the Registrant’s instructions. “The Registry”
refers to the relevant domain names Registry. “Server” means the
computer server equipment in connection with the provision of the Services.
“Web Site” means the area on the Server allocated by us to you for
use by you as a site on the Internet. “TOS” includes this agreement. D-webhost
reserves the right to modify this policy at any time, effective immediately
upon posting of the modification to this URL: https://www.d-webhost.net. In
consideration of the mutual covenants herein, the parties agree to the
following, which shall apply during the term of this agreement. By using any
portion of D-webhost ‘s service, you are agreeing to this service agreement on
this document entirely.

This document is the contract between You and D-webhost.

For domain related agreement please
visit https://d-webhost.net/domain-registration-agreement/

Delivery
of Services

Immediately upon successful payment
you will receive an automated receipt from our systems. Please print an retain
a copy of this and retain in a safe place for future reference.

Your unique customer username will
be on this receipt and should be used for an enquires to D-webhost.

Please note that we aim to deliver
all goods as soon as signup is complete. If we will be unable to adhere to this
you will be informed via email or telephone or both. Payment will be deducted
when services are delivered.

All orders are delivered electronically
via email, if you have any questions about your order, please contact us at
sales@ d-webhost.net

Our trading hours are 365 Days a
Year, 24/7. Normally we will respond within 1 hours of receiving your enquires.

The services available on this site are
subject to both export and or import restrictions. Please check regulations in
the country you are in to see if these products are allowed for import into
your country.

We will not add charges to customers
using either VISA or Mastercard card schemes. The final price will be the same
regardless of payment method

Refund
Policy

If you are unhappy with any aspect
of our service, please contact our support department who will attempt to
rectify the situation. If the problem cannot be fixed and you are unhappy with
the service you are entitled to a refund within 14 Days. There are no refunds
past the 14 Days period.

Refunds are not available for .COM,
.NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In
fees, Domain Transfer Out fees, or any other products or services provided by D-webhost
through other companies.

No refunds are provided for VPS or
Dedicated servers under any circumstances.

No refunds will be made if we
terminate your hosting or other services due to violation of our Acceptable Use
Policy or any other violation of our Terms and Conditions, except as may be
provided therein. This does not affect your statutory rights.

Credit on your account cannot be
refunded and must be used for purchases and renewals.

Setup fees are non-refundable.

Accounts purchased under a
promotion, with or without a promo code, are excluded from the 14 Days money
back guarantee.

Any funds sent to D-webhost which
are in excess of the amount owed can only be reimbursed in credit and cannot be
refunded.

SLA
Conditions

If your service drops below 99.9%
uptime in any given month you will be credited with one free month. This must
be claimed within 7 days of our monitoring dropping below this level.

Any planned maintenance work is excepted
from this guarantee and will be ignored. Dedicated servers currently have no
SLA.

Uptime level is calculated by our
status page and monitors only.

Free
Domain Conditions

A free domain name will be
registered for you with premium hosting package when you will pay yearly.

Only one domain will be registered
free of charge per account.

Minimum hosting term of 3 months,
after which you will be free to transfer the domain to another host should you
wish. The domain also may not be transferred to another client during this
time.

If you cancel your hosting before
the 3-month paid period D-webhost reserve the right to cancel or resell
your domain.

The offer applies to .com, .net, .biz
domains only.

Affiliates

Affiliates may not mask, hide or
modify the affiliate link. It must be used as displayed in the client area.

You may not spam or advertise in
areas or sections of websites that breach the rules of the displaying site.
Doing so will result in the link being reported.

Web
Hosting

These Terms of Service and
Acceptable Use Policies (“Terms and Policies”) are an essential part
of your relationship with D-webhost. By using your D-webhost account, you agree
to all of the Terms and Policies set out in this document.

General
Terms and Policies

The Service is provided to authorized
persons or organizations (referred to in this document as
“Subscriber” or “you”). Any use of the service is subject
to any restrictions listed below. By using the Service, you agree to be bound
by all of these Terms and Policies. If you do not agree to be bound by these
Terms and Policies, you must cancel your account immediately and may not
thereafter use or attempt to use the Service.

Coverage – If you are an individual
Subscriber, these Terms and Policies apply to all persons who gain access
through your account. If you are a commercial Subscriber, these Terms and
Policies apply to all your employees, agents and/or customers. In either
instance, a violation of these Terms and Policies by anyone using your account
will be treated as a violation by you.

Prices and Charges – D-webhost
provides the use of cPanel and domain control panels to you free of charge, but
if through misuse or through abuse on your part we incur any charges, we
reserve the right to pass these charges on to you.

Term – The Service is provided to
you for as long as you wish to use it, however we withhold the right to
terminate the service if you use it in a way that violates the terms of use.

Backups – D-webhost take daily
backup and backups are not guaranteed. These backups are strictly for our own
use in-case of a server failure. D-webhost recommends that client’s backup
their data to their personal computers or storage servers. Clients are responsible
for their own data. We do charge $10/one time for backup restoration.

Suspended or Terminated Account
Backups – If you need backup for suspended account, you need to pay $20/onetime
fee. We keep terminated account backup for 13 days only. The restoration fee is
$20/one time depend on the backup availability. Note: We do not provide any
guarantee on terminated account backup.

Grounds
for Suspension and Termination

You agree to comply with these Terms
and Policies. Any violation of either, these Terms and Policies or the other
rules, regulations or policies noted above may serve as cause for D-webhost to
suspend or terminate your account. You agree that D-webhost has the right, with
or without notice, to suspend or terminate your account upon the first or
subsequent occurrence of any of the following

* Using the Service in a way, which
constitutes violation of any applicable statute, law, court order, tariff,
regulation, or treaty (including, but not limited to, intellectual property,
communications, privacy, criminal and international law)

* Hosting websites dedicated to
pornography or adult content.

* Using the Service in a manner
intended to abuse or violate the privacy or property rights of others,
including but not limited to sending of unsolicited bulk e-mail
(“spamming”); this ground for suspension or termination is separate
from and in addition to the fees which will result from such activity. You
agree to pay a cleanup fee of $50 per hour if any of our server IP addresses
appear on a blacklist as a result of spam from your account.

* Using your hosting as a file or
image hosting service.

* Using the Service in an attempt to
break security, or so as to actually break security of any computer network
(including the Service itself), or to access an account, message, or file which
does not belong to you.

* Using your account as a backup
service. All files must be part of your website and must be linked to from your
account. Dedicated server clients are exempt from this.

* Using the Service in such a way as
to forge or mis-represent headers, addresses, or other identification in
electronic mail or websites, or using any other method to disguise the sender’s
identity or location. This includes the hosting of Proxy Server applications.

* Uploading, linking to or storing
warez, cracks or other pirated software.

* Assisting in or directly
distributing copyrighted material.

* Excessively using the Service in
such a way as to limit the bandwidth available to others.

* Providing fake or incomplete
contact details, including name, postal address and telephone number.

* Using the Service to operate
server programs, including, but not limited to mail servers, IRC servers, game
servers, ftp servers, Web servers, or streaming audio/video servers.

* Using the Service for unauthorized
relays through any third party systems.

* Attempting, in any way, to
interfere with or deny service to any user or any host on the Internet.

* Performing a chargeback on any
transactions past or present will result in account suspension until resolved.
If a chargeback is issued, we reserve the right to remove your account any deny
any future business.

* Using the Service for mail
bombing, which includes any instance where multiple messages are sent to a
specific destination with the intent to render the recipient and/or the
electronic system serving that recipient dysfunctional.

* Using the Service to add or
attempt to add addresses to any mailing list (yours or a third party’s) without
the explicit positive consent of the addressee(s).

* Attempting to cancel, supersede,
or otherwise interfere with email other than your own.

* Engaging in harassment, whether
through language, frequency, or size of messages, either with email or website
content.

* Using the Service to engage in syn
flood attacks, which are defined as overburdening a recipient computer system
by sending a high volume of spurious data which effective impedes or totally
disables functionality of the recipient system(s), or any other methods of
denial-of-service attacks.

* Using the service to host phishing
content.

* Furnishing false data on your
sign-up form, contract, or online application, including providing fraudulent
credit card or other payment information.

* No bill credit will be given for a
period of suspension. In the event of termination of your use of the Service
under this section, D-webhost may at its sole discretion retain any or all
amounts you have paid for use of the Service as liquidated damages for your
actions.

* Security – You agree not to access
or attempt to access private areas of the Service. You agree to notify D-webhost
as soon as you become aware of an unauthorized use of your account and/or any
breach or attempted breach of security on the Service.

* Intellectual Property – D-webhost
does not undertake to examine or review messages, files, or other materials,
which are accessible through, pass through, or reside on the Service.
Complaints regarding alleged copyright infringement can be sent to abuse@ d-webhost.net

* Continuing a specific
identification of the allegedly infringing material and the location(s) on D-webhost
facilities where the materials are to be found. Upon receipt of such written
notice, D-webhost will expeditiously remove or block access to the allegedly
infringing material, and provide notice to the person who had posted that
material. If D-webhost receives a notification from that person indicating that
the claim of infringement was based upon mistake or misidentification, D-webhost
will send you a copy of that notification. Unless you notify D-webhost of
appropriate court action to restrain the alleged infringement, the challenged
material will then be restored or otherwise made accessible again.

* Liability – You agree that use of
the Service is at your own risk. Except for information, products, or services
clearly identified as being supplied by D-webhost, neither D-webhost nor any of
its affiliate controls, provides, operates, or is in any way responsible for
any information, products, or services accessible through the Service. D-webhost
neither endorses nor is responsible for the accuracy of third-party
material(s), and you agree that D-webhost is not responsible for any loss or
damage caused by your use of, or reliance on, such material(s). You understand
and agree that you have sole responsibility for your posting of any information
or material to any site or newsgroup on the Internet, including but not limited
to postings to Web sites, whether residing on D-webhost equipment or not,
postings to newsgroups, and participation in any on-line chat sessions. You
agree to indemnify and hold harmless D-webhost and its employees, and other
customers and subscribers from and against any claims, losses, costs,
liability, damages or expenses arising out of your postings.

* You agree that, should you use the
Service to send or receive voice communications, D-webhost is not acting as a
telecommunications carrier or telephone, that there is no representation made
by D-webhost as to the suitability of the Service for such use, and that all
risk of connection, transmission quality, and accuracy of communications is
solely on you, and that D-webhost has no liability of any sort for the failure
or lack of quality of such use of the Service.

* You agree to be liable for any damages
or loss of service which results in damages to D-webhost as a result of any
spamming or other violations of Section 5 above. These damages include, but are
not limited to, system shut downs, retaliatory attacks or data flooding, and
loss of peering arrangements. You agree that D-webhost may pursue any such
claims against you in Court.

* You agree that in no event will D-webhost
have financial liability to you.

* Warranty – D-webhost MAKES NO
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT,
AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE
SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD D-webhost ABOUT YOUR INTENDED USE
OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY D-webhost OR ITS
EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS
SECTION.

* THE SERVICE AND ANY SOFTWARE
PROVIDED TO YOU BY D-webhost ARE PROVIDED ON AN “AS IS, AS AVAILABLE”
BASIS; D-webhost DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR
UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. D-webhost DOES NOT GUARANTEE
THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Resource
Usage

User may not:

Use 10% or more of system resources for longer than 60
seconds. There are numerous activities that could cause such problems;
these include: CGI scripts, FTP, PHP, HTTP, etc. 25% system resource
allowed on Turbo hosting only.

Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are fully allowed.

Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all daemons, such
as IRCD.

Run any software that interfaces with an IRC (Internet
Relay Chat) network.

Run any bit torrent application, tracker, or client.

Run rapid leech plug mod.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike,
half-life, battlefield1492, etc.

Run corn entries with intervals of less than 15 minutes

You may create your own backup of
your account from your control panel however these may only be stored for up to
7 days. Please download archives to a local source and remove them from your
account.

VPS
CPU Usages:

Client agrees not to run any
processes on his or her VPS which create a CPU load above 0.9 on the VPS for an
extended period of time or which cause a high CPU load on the host node for an
extended period of time. In other words, client agrees not to use the
equivalent of a full core for him or herself for an extended period of time.
Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the
VPS regardless of the time lapse involved.

Content

You understand and agree that
information and access available through the Service may include controversial,
sexually explicit, or other material that may be offensive to you or users for
whom you are responsible. D-webhost has no responsibility for or control over
such materials, and you take sole responsibility for using any available
screening software or other methods of limiting access (specifically including
the access of minors) to any material you may find objectionable.

Disputes

You agree that any dispute between
you and D-webhost arising out of your use of the Service on in any way based
upon your subscription to and/or use of the Service which cannot be resolved
between you and D-webhost will be submitted by the aggrieved party for binding
arbitration under the auspices of the Bangladeshi law and International Law.

Governing Law

These Terms and Policies are
governed in all respects under Bangladeshi laws and International Laws

Cancellation Procedure

Cancellation requests must be
submitted through the client area. To do this, click the icon next to the
package you wish to cancel then press ‘Request Cancellation’. You must then
complete and submit the form.

Choosing an immediate cancellation
means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure
any PayPal subscriptions you have setup are cancelled.

No other forms of cancellation are
accepted.

Cancellations must be submitted
before the invoice for that billing cycle is due. Failure to do so will result
in the invoice being due. Cancellation requests can only be submitted if the
account has no due invoices.

Dedicated server cancellations must
be submitted a minimum of 15 days prior to the renewal date or you may be
charged for the next billing period.

Resellers

Resellers may use their website for
personal use or to sell to their own clients. Resellers cannot host free
accounts under any circumstances.

Transfer

Free transfer only applicable for cPanel-to-cPanel
transfer. For any manual transfer charge is $10/one time. For more information,
please check transfer policy

We will transfer up to 30 accounts
free of charge for Reseller. Each account thereafter is charged at $1 each.

For VPS or Dedicated Server, root to
root transfer is free and there is no account transfer limit. Non Root to Root
transfer limit is 30 accounts, thereafter is charged at $1 each

Discount
Vouchers

Only one voucher can be used per transaction.

If the order value is lower than the value of the
voucher, the remaining amount is lost.

Discount vouchers are restricted to one per customer.

Vouchers can be redeemed against the purchase of any
Shared, Reseller or Dedicated service.

Account
Payments:

If a
shared/reseller account has a past due invoice, we will perform the following
actions.

1-3 Days – No Action Taken

4 Days – Accounts are suspended

7 Days – Late Fee Added

30 Days – Accounts will be terminated.

There will be a $20.00 fee to reinstate accounts that
have been terminated.

If a VPS has a past due invoice, we
will perform the following actions.

1-3 Days – No Action Taken

4 Days – Accounts are suspended

7 Days – Accounts are terminated

Dedicated servers will be suspended
as soon as an invoice is overdue.

Over
usages:

Per GB Disk space over usages fee $1 Per 10 GB Bandwidth
over usages fee $2

Amendments

These Terms and Policies may be
amended in any respect at any time by D-webhost upon the posting of the amended
Terms and Policies on the terms of use section of the Service. Your continued
use of the Service will be deemed consent to any such amended Terms and
Policies. If you do not wish to continue to use the Service as a result of any
such amended Terms and Policies, you may provide notice of your wish to
terminate your use of the Service to D-webhost