1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner have screened the order in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain you are signing up under.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

IRC Bots, Warez Sites, Pirated Software, Hate sites, Hack programs and archives, Pornography of any kind, Religious Intolerance or slanderous religious content, Bootlegging, Illegal Sales, Links to Illegal or Sexual Content. Any other material that is objectionable to our values, ethics, or tolerance may be notified and subject to removal or warning to remove the page, site or temporarily disable the domain name while the client transfers the domain name to another registrar. Please use the contact form if you have questions about your content.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Damiano Hosting. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Damiano Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give  you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

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

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

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

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

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee

If we fail our uptime agreement your monthly fee will be refunded. If the cause of the failure is due to services offered on your web site, no refund will be provided, and an over-usage charge or fee may apply. On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.) Price Change

The amount you pay for hosting will never increase from the date of purchase unless you add additional services. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, 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. Customer agrees to defend, indemnify and hold harmless any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from one of Damiano Hosting's servers.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Termination of Account or Transfer of Domain

All terminations and transfers must be sent by either fax or mail. We can accept an email while we wait for the hard copy. You agree and accept this policy upon purchase of any domain name or website package. Payment in full is required before we terminate an account or transfer a domain name. In some cases, extra fees apply for transfers we initiate. We assign each client a Domain Acces Password where they manage the transfer of the domain. We charge a labor charge by the hour ($60.00) to perform your transfer for you. Web hosting accounts may incur daily charges of $4.95 per day for web hosting after a 30 day period in which you initiate, transfer or close your web hosting account.

14.) Non Payment or Late Payment

We reserve the right to charge $9.95 for any late payment. A fee of $49.95 per month will be charged for any standard website Hosting accounts that have requested to be closed or terminated and have not paid their closing invoice on time. Business accounts or non-standard high price hosting services may incur additonal fees equal to up to 2 times their regular hosting price. Collections may be enforced without notice after 30 dyas of non-payment. After 3 late payments, we reserve the right to increase your website hosting fee by 15 PERCENT per month. Website hosting accounts may incur daily charges of $4.95 per day for web hosting services until your account is paid in full. Domains may be seized and ownership transferred to Damiano Hosting and or Bakersfield Web Site Hosting or one of our affilaites after 60 days for non payment of invoice. Domains may be released into the public domain for non payment of invoice. We will notify you by email for any late payment. We will notify you by mail for late or non-payment after notification by 2 email attempts. We reserve the right to terminate your account for non-payment. Final termination will be sent by either fax or mail. We can accept an email while we wait for the hard copy. Payment in full is required before we terminate an account or transfer a domain name. Any account referred to collections or legal actions will pay any extra fee(s) added by such parties. You agree and accept this policy upon purchase of any domain name or website package. You agree to these terms and conditions upon sucessfull payment of 2 months of website hosting or full payment of a domain name registration, transfer or renewal. You agree to these terms and conditions upon purchase or down payment of any work order, quotation, design changes, graphics, Flash design, sound or audio work, scripting or programming, and any web site servive otherwise not mentioned. All written agreements will be enforced under the laws of the state of California. Please call if you have financial problems and wish to work out payment arrangements, cancel or terminate an account or services, or cancel a quotation or work order. We will try to accomodate your request.

13.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.