Web hosting - Web Design - Domain Names from Davesurf.com

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Part 1. Terms of service and acceptable policy from Davesurf Productions
Part 2. Terms of service and acceptable policy from Davesurf Production's server co-locator/ Data Center/ Network Control Center.
To host on our servers, you must adhere to these rules and guidlines. Thank you

I. Davesurf Mission Statement

A. Davesurf Productions provides Internet Web Hosting. Davesurf Productions has certain legal and ethical responsibilities regarding the use of its servers and equipment involved in these services. Davesurf Productions reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service.

B. Davesurf Production's general policy is to provider our customers enjoyable Internet hosting experience. Davesurf Productions has specific ethical concerns regarding the use of its computers as detailed below.

II. Miscellaneous Provisions

A. Acceptable Bandwidth Use and Unacceptable Overuse Clause

1. Bandwidth is a term used to describe the total traffic your web site and other services associated with the use of your website consume.
2. WARNING- You also understand that data generated from statistic servers are not accurate enough for you to determine your own total bandwidth usage, as it does not include the following: e-mail transfer, httpd or ftp downloads from webpage, anonymous FTP downloads, CGI scripts, Real Audio, Real Video, Telnet, and SSH, as well as other items.
3. If you have any questions on this policy, contact us prior to signing up.
4. All customers who occur bandwidth overages will be e-mailed a receipt regarding the overages to the e-mail address provided upon sign up.
5. Client paying by credit card will be billed prior to invoice being sent.
6. Clients paying by credit card agree to accept charges for bandwidth overages.

B. Background Running Programs

1. We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
2. You must notify Davesurf Productions prior to the installation of any background running programs. The final consent and total fee must be arranged.

C. New Domain Name Registration

1. The customer who registers for services is the legal owner of any domain name registered.
2. Davesurf Productions reserves the right to seize any domain name at any time for the following reasons:

a. Placing dispute with customer's credit card institution on any payment debited by Davesurf Productions; and
b. Violation of any provision of this service agreement.

D. Disk Storage

1. The intention of Davesurf Productions is to provide a large space to serve web documents, not to provide an off-site storage area for electronic files.
2. All (90%) of your web pages must be 'linked' with files (.gif, .jpeg, etc.) stored on Davesurf Production's server.
3. Web sites that are found to contain no html documents, or a large number of unlinked files, are subject to warning, suspension or cancellation at the sole discretion of Mediumcube’s management.
4. Any customer who violates Davesurf Production’s Policies in abusing disk storage will be billed $1 per 1MB in one months period.

E. CGI Scripts

1. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish.
2. Davesurf Productions reserves the right to disable and or remove any CGI script that affects normal server operation without prior warning.
3. Any CGI script owned and installed by you which has been stuck in memory by error will be charged a $100 management fee for each instance removed.

III. Conditions

A. Any provision of this contract this is broken will result in immediate account termination.

B. Payment Policies

1. 30 day guarantee applies to month-to-month customers only.

a. Setup fees are not refundable.

b. Guarantee does not apply to overages of any kind.

2. All accounts are set up on a pre-pay basis.

3. All pricing is guaranteed for the term of pre-payment.

4. Davesurf Productions reserves the right to change prices at any time, unless other terms have been agreed upon in writing signed by management of Davesurf Productions.

5. Any account not brought current within one week (7 days) of e-mail notices or exceeding this time frame in any way is subject to suspension or cancellation.

6. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notified Davesurf Productions to request for termination of services.

7. All payments are to be made and are charged on your credit card (if applicable) in U.S. currency.

8. Davesurf Productions will bill each client an extra $50 for every returned check and $25 for each wire transfer received.

9. Accounts not bought up to date will be submitted to a collections agency if overages are owed.

C. Cancellation

1. Davesurf Production’s reserves the right to cancel service at any time for any reason without liability.

2. Any violation of policies that results in extra costs will be billed to customer (i.e. transfer, space, etc.). This billing will be on the original credit card (if applicable) as originally submitted at time of order with the approval of you by signing this agreement.

3. All clients who wish to cancel must make its request via the support desk located within the Client Center. Davesurf Productions DOES NOT accept cancellation requests via any other methods of communication.

4. Clause III of this agreement shall remain in full effect even after full account cancellation has been completed and confirmed via electronic mail.

5. Once an account is cancelled and customer notified by electronic mail, customer understands that all material stored including but not limited to email will be lost. Customer cannot hold Davesurf Productions liable for any lost information the customer failed to back up.

V. Method of Payments

A. Credit Card Payment Via PayPal - You understand that all account sales are final. You further understand that unfounded disputed charges will result in a $50 merchant processing fee and a $100 account research fee.

B. Check Payment - Accounts are set up only upon receipt of payment. Any check that is returned to Davesurf Productions is subject to a $50 returned check fee and $25 processing fee. You understand that all account sales are final.

VI. Prohibitions

A. Server Abuse

1. Any attempt to undermine or cause harm to a server, or customer, of Davesurf Productions is strictly prohibited.

2. Davesurf Productions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include but are not limited to "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning.

3. You understand that any unauthorized use of accounts or computer, whether or not the attacked account or computer belongs to Davesurf Productions, will result in action against the attacker. Possible actions include warnings, account cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

B. Unsolicited E-Mail (spam)

1. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate postings may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not.

2. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-Mail is a person-to-person medium, not a broadcast medium.

3. Davesurf Productions does not tolerate Spam. Upon your first Spam offense your account will be terminated and a maintenance fee of $1000 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee.

C. Copywritten Files

1. Files found on Davesurf Production's servers which are found to be copywritten will be removed and the account cancelled immediately without prior notification to the customer. All copyright owners will be notified accordingly.

2. In addition, a management fee of $500 per copywritten file will be billed to the customer's method of payment upon sign up. If you paid by credit card you agree to accept this/these debits.

3. This includes but is not limited to, files with the extension .zip, .exe, etc.

4. Davesurf Productions will be the sole arbiter as to what constitutes a violation of this provision.

D. IRC -We currently do not allow IRC or IRC bots to be operated on our servers. If one is found to be operating, it will be removed and your account terminated without prior notice to you.

E. Chat Rooms

1. Due to the large amount of bandwidth and system resources used by chat rooms, you understand that you are not allowed to install your own chat room without first approving it with the Davesurf Productions support team. The Davesurf Productions Support Team can be reached at support@Davesurf.com.

2. Parachat chat rooms are acceptable and do not apply to this rule. They may be installed without prior approval from Davesurf Productions.

3. If you have any questions concerning whether your proposed chat room is a parachat chat room, contact Davesurf Productions prior to installation.

F. Abuse of SMTP Mail Server

1. We do not allow clients to send more than 2000 pieces of electronic mail per day. If you do send more than this amount, your account will be suspended for network abuse.

2. If you are sending legitimate electronic messages and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged $50.00 per month and a setup fee of $50.00 in addition to your regular hosting charges if your account is moved to this server. Please contact support@davesurf.com to have your domain moved or initially installed on this special server. The maximum allowable electronic messages per day on this special server is 20,000 at the price above.

3. You may contact Davesurf Production's sales department to work out a contract for additional e-mail at a price to be determined by Davesurf Productions.

VII. Lawful Purpose

A. Davesurf Productions reserves the right to refuse service to anyone.

B. Customers may only use the Davesurf Production’s server for lawful purposes.

C. Transmission of any material in violation with Federal, State or Local regulation is prohibited. This includes, but is not limited to, copywritten material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Davesurf Productions management.

D. Regardless of the place of signing this agreement, the client agrees, for purposes of venue, this contract was entered into City of Pasadena, State of California, and any dispute will be litigated or arbitrated in this jurisdiction.

VII. Indemnification

A. You agree to defend, indemnify, save and hold Davesurf Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Davesurf Productions, 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 you, your agent, employee or assign.

B. You agree to defend, indemnify and hold harmless Davesurf Productions against liabilities arising out of but not limited to:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Davesurf Production's server;

2. Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party. Copyright laws, using other peoples websites, graphic images, or files, is not granted, it is against the law;

3. Copyright infringement; or

4. Any defective products sold to customer from Davesurf Production's server.

IX. Disclaimer

A. Davesurf Productions is not responsible for any damages suffered by you or your business as a result of services we provide.

B. Davesurf Productions makes no warranties of any kind, expressed or implied, for services we provide.

C. Davesurf Productions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Davesurf Productions and its employees.

D. Davesurf Productions reserves the right to revise its policies at any time without notice. Davesurf Productions also reserves the right to change pricing at anytime. It is the customer's responsibility to monitor www.davesurf.com/policy.htm for policy changes.

E. All Sub-Networks and resellers of Davesurf Productions must adhere to the above policies.

F. Failure to follow any term or condition will be grounds for immediate account deactivation without refund.

Background

Davesurf Production's server co-locator/ Data Center/ Network Control Center Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Davesurf Productions services.
From time to time Davesurf Production's server co-locator/ Data Center/ Network Control Center may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and Davesurf Productions reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.davesurf.com or notification of the modified AUPs.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as ServerBeach deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SERVERBEACH. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS DAVESURF PRODUCTION'S POLICY TO TERMINATE REPEAT INFRINGERS. DAVSURF PRODUCTIONS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $195 USD per hour. Enquiries regarding security matters may be directed to abuse@davesurf.com.
System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Davesurf Productions may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Davesurf Productions. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to abuse@davesurf.com. Davesurf Productions is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence , however, Davesurf Productions urges its customers to assume that all of their online communications are insecure. Davesurf Productions cannot take responsibility for the security of information transmitted over Davesurf Production's facilities.

Password Protection
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Davesurf Production's service to guess passwords or to access other systems or networks without authorization. Davesurf Productions will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information
Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Davesurf Productions servers being shut down.

Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Davesurf Productions may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Davesurf Productions by offended users. Davesurf Productions reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy
The Davesurf Production's server co-locator/ Data Center/ Network Control Center's network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to abuse@davesurf.com. Davesurf Productions will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility Customers have a responsibility to use the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network responsibly. This includes respecting the other customers of Davesurf Productions. Davesurf Productions reserves the right to suspend and or cancel service with any Customer who uses the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network in such a way that adversely affects other Davesurf Productions customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to Davesurf Productions, Davesurf Production's server co-locator/ Data Center/ Network Control Center or its customers (i.e. computer hacking), and/or
Participating in behavior which result in reprisals that adversely effect the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network or other customers' access to the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network.
Davesurf Productions will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Davesurf Productions customer, whether or not the attacked account or computer belongs to Davesurf Productions, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Davesurf Productions is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Davesurf Productions will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:
copyrighted material or
material protected by trade secret and other statute or
dissemination of harmful or fradulent content.
Using any Davesurf Productions service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Davesurf Productions services or products is prohibited. Using the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Davesurf Production's server co-locator/ Data Center/ Network Control Center's network are open to the public. You are solely responsible for your usage of the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network and servers and any statement you make on servers hosted within the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet

Our policy on child pornography is zero tolerance. Davesurf Productions will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Adult Content on the Internet

Davesurf Productions will provide notification and will inform any customers in writing of improper materials on our servers. However, Davesurf Productions reserves the right to disconnect any customers immediately.

Commercial Advertisements with E-mail

ServerBeach takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this This means that customers of Davesurf Productions may not use or permit others to use our network to transact in UCE. Customers of Davesurf Productions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

E-mail is a person-to-person medium, not a broadcast medium.
Customers of Davesurf Productions are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of Davesurf Production's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Davesurf Productions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Davesurf Productions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Davesurf Productions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Davesurf Productions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Davesurf Productions will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of Davesurf Production's SPAM policy may be reported to abuse@davesurf.com

IP Address Overlap

Davesurf Productions administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Davesurf Productions staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC
Davesurf Productions does not allow the use of IRC on the Davesurf Production's server co-locator/ Data Center/ Network Control Center's network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators' servers will be suspended.

Network Performance
Davesurf Productions accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of Davesurf Productions systems or networks. Davesurf Productions reserves the right to terminate or limit such activities.

Billing

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Davesurf Productions reserves the right to suspend network access to any customer if, in the judgment of the Davesurf Productions network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Davesurf Productions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.

Cancellation

Davesurf Productions reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if Davesurf Productions institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification

Davesurf Productions wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Davesurf Productions for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Davesurf Productions or the bringing of any claim against Davesurf Productions by any third-party. This means that if Davesurf Productions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Davesurf Productions, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility

Davesurf Productions is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Davesurf Productions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of Davesurf Productions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

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