Delivery Hosting is a wholly own subsidiary of The Delivery Agency, Inc. Any references in to Delivery Hosting also include by default The Delivery Agency, Inc. and any related business units.

Delivery Hosting strives to provide the best possible service to all clients. We respect freedom of speech and expression unless it is harmful to others, and we will not tolerate any unlawful activity or abuse on our servers. The following guidelines have been implemented to protect you, our other clients and ourselves.

Payment Policies, Fees, Refunds

Full payment is required before any hosting service is rendered, which includes renewals. Payment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. We will give individual hosting account clients a prorated refund when they cancel and delete their files from our server. Clients that utilize Dedicated and/or VPS Servers or Custom Hosting Platforms must provide Delivery Hosting with 30 Days prior notice before canceling their account.

This only applies to cancellation by the client. If cancellation is carried out by Delivery Hosting due to restrictions violation, there will be no refund. Delivery Hosting will only allow for the discount if cancellation is not the fault of the client, as determined by Delivery Hosting. All monetary transactions are in ($) US Dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Delivery Hosting reserves the right to adjust price points at any time.

Indemnification Policy

You agree to use all Delivery Hosting services and facilities at your own risk. Delivery Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Delivery Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Delivery Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Delivery Hosting, its agents, its clients, 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. As a client you agree to defend, indemnify and hold harmless Delivery Hosting against liabilities arising from:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with a Delivery Hosting server
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
  • Copyright infringement
  • Any defective product(s) sold to customer from a Delivery Hosting server

Server Abuse Policy

If we determine that any site on our servers is abusing resources and therefore abusing the server, we have the right to suspend that domain, to prevent it from having a negative impact on the performance of other domains on the same server.

Delivery Hosting shall be the sole judge of what violates this Policy.

SPAM Policy

Delivery Hosting is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial email, from being sent either through the Delivery Hosting network, the Datacenter or by clients or any other users of the Delivery Hosting network (including clients’ clients); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on a Delivery Hosting server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Delivery Hosting email address or web site URL is prohibited. The use of Delivery Hosting servers as a mail drop for responses to activities described above is also prohibited.

If your Primary Domain Name is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if
you have paid for additional services, such as installations of software, SSL Certificates or IP addresses.

If one of your clients is involved in spamming, then we will suspend their site and not your Primary Account. If you have any complaints or comments regarding SPAM that you feel may be initiating from our network, please contact us at: abuse@deliveryhosting.com.

No Free, Bulk, Trial Accounts Allowed

We expressly forbid our resellers from setting up free, bulk, trial accounts. We also forbid the use of our resources to supply free, bulk hosting or free, bulk, email services. These free trials and free accounts (subdomain or otherwise) can draw attention to the servers from hackers and spammers leading to an unnecessary increase in attempted abuse. If we find a reseller who is offering free, bulk, trial accounts, or free, bulk, email services, we will suspend that account. We take this very seriously and there are no exceptions to this rule, except for one. If you can provide details about your business model that is based on these types of services, and if you are interested in a dedicated server we May be able to accommodate you. However you will need to have approval from Delivery Hosting in writing before engaging in any such activity on our servers or the associated network.

Overselling Policy

Delivery Hosting allows our clients to oversell their Primary Account resources. If we feel that a client’s WHM account is too oversold, then we have the right to require an upgrade to that account, after consulting with the client. This policy is to allow our resellers to maximize their available resources and revenue, and to also prevent the abuse of resources through Delivery Hosting by clients that may excessively oversell their resources and causing harm to others on the same server or network.

No Unlimited Disk Space or Unlimited Data Transfer Allowed

Delivery Hosting has the right to refuse service, or discontinue services to any resellers who promote and/or sell “Unlimited Disk Space and Unlimited Data Transfer” hosting accounts. We take this rule very seriously and will not hesitate to take actions if there is a breach of
this policy.

Content Policy

All services provided by Delivery Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. As the client, you agree to indemnify and hold harmless Delivery Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Delivery Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Delivery Hosting servers or any other servers on
the internet. Links to such materials are also prohibited.

Examples of Unacceptable Content or Links

  • Pirated Software
  • Hacking Programs
  • Archives or Warez sites
  • Public Archives of Audio, Video or other Material that in violation of Copyright Law
  • SPAM Lists or SPAM Resources
  • Material that is Racially Insulting or Demeaning

Any site that is found to provide content that violates this policy will be shut down immediately. Delivery Hosting will be the sole arbiter in determining violations of this policy.

CGI Scripts Policy

Each account comes with its own cgi-bin. You are free to use any CGI scripts the you wish, however we reserve the right to disable any CGI scripts that facilitate server abuse, negatively effects normal server operation or may cause harm to other Delivery Hosting clients.

Traffic Policy

Delivery Hosting provides Premium Bandwidth in generous amounts to our clients, and most popular web sites never exceed 2 GBs of traffic per month. However if you find yourself hosting the following files, be aware that they can cause excessive traffic and bandwidth usage:

  • Shareware and Software
  • Audio, Video, Image and Multimedia Archives
  • Mirror sites or any Site whose primary purpose is File or Content Distribution

Delivery Hosting clients are discouraged from storing and hosting such files without first contacting us to discuss your bandwidth and traffic requirements which may require special attention.

Also, any deliberate attempt to cause damage to Delivery Hosting or any other Internet servers through DOS Attacks or Traffic/Bandwidth diversion will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups

Ultimately it is the client’s responsibility to maintain backup copies of their web content and any related data.

However several safety nets are provided by Delivery Hosting to enhance the reliability, redundancy and peace of mind provided by our services. 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.

With that in mind, we apply the following backup procedures:

  • A RAID 10 Drive Array is in place on each server, which provides 4 constantly mirrored Hard Drives
  • Nightly, a Full Backup is made to a High Capacity Dedicated Hard Drive on each server
  • Weekly, a Full Backup is made to a High Capacity Dedicated Hard Drive on each server
  • Weekly, a NAS Backup is made to an undisclosed, off-site Datacenter that is located outside of the state of California

A “Backup Manager” is included in each hosting plan and clients can use this tool to back up their files. If loss of data occurs due to an error on the part of Delivery Hosting, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence by the client in securing their account, error or or other action, Delivery Hosting will attempt to recover the data from the most recent archive for a $100.00 fee. This fee includes a standard recovery and data retrieval process. Additional time that may be needed for advanced troubleshooting and data recovery will be billed at our normal hourly rate.

Delivery Hosting reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check with us regularly for any changes and additions. Delivery Hosting also reserves the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

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