Terms Of Service (TOS)
Digital Sense Hosting ("The Company"), a subsidiary of Digital Sense Incorporated, agrees to furnish the following services to the Subscriber ("The Customer"), subject to the following TOS (Terms of Service).

Use of Digital Sense Hosting Service constitutes acceptance and agreement to this Terms of Service (TOS), as well as Digital Sense Hosting's Acceptable Use Policy (AUP). All provisions of this contract are subject to the TOS and AUP. At various times, the Company may change either the TOS or AUP upon notification of the Customer. Changes shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the Portugal and the European Union, applicable to contracts enforceable in that state. Venue will be Lisbon County, Portugal.
 
  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our services for illegal activities. Therefore, the Customer agrees that the Company may disclose any and all customer information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition, Digital Sense Hosting shall have the right to terminate all service set forth in this Agreement.

     
  2. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated. Customer is aware that the Company may prospectively change the specified rates and charges from time to time, with prior notification to the customer. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals, including but not limited to, rates charged to company by its suppliers. Any changes by the Company will be communicated to the Customer.

     
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The Company follows an advanced payment schedule. The first payment is due at the time of ordering, unless otherwise arranged this will be charged to credit card specified at the time of ordering. Subsequent payments are due every 30 days or 365 days from this date, dependent on which billing cycle is selected, unless otherwise specified this will automatically be charged to the credit card on file. Please be sure to keep your billing information updated. The above applies to all accounts and services provided by Digital Sense Hosting.

     
  4. Payments and Fees: Payments for all services must be made to the Company via credit card. By agreeing to the TOS, the Customer is authorizing all applicable payments and fees. Acceptance to service (including the TOS and AUP) constitutes the electronic signature of the Customer. Electronic signatures via the secure order form are the equivalent of written consent by the Customer to pay all service fees and charges. Credit cards that are declined for any reason are subject to a $1.00 declination fee. The Customer agrees to keep the credit card on file up to date and accurate (including expiration date and card number). Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment is subject to a $200 reconnect charge. Accounts not paid by the due date are subject to a $9.95 late fee. Accounts that are not collectable by Digital Sense Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

     
  5. Refunds and Disputes: All set-up fees made payable to Digital Sense Hosting are non-refundable. Any overcharges or billing disputes must be reported within 60 days of the time the dispute occurred via the on-line support module (trouble ticket system). If you dispute a charge to your credit card issuer ("charge back") that, in Digital Sense Hosting's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Digital Sense Hosting an "Administrative Fee" of not less than $50 and not more than $150.

     
  6. Cancellations: All cancellations must be submitted via the on-line support module (trouble ticket system). The Customer must send all applicable account information to cancel. Cancellation of any service plan within 30 calendar days of activation will result in a full money-back guarantee of the cost of the service plan. Set-up fees are non-refundable. All cancellations requested for monthly or yearly service plans after 30 calendar days will result in no refund. Service will be terminated within 48 hours of written consent being received by the Company.

     
  7. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

     
  8. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury. Some causes beyond the direct and exclusive control of the Company are, but not limited to; Hardware Failures, Network Outages, Service Provider Issues, etc.

     
  9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. All domain name registration fees (as furnished by the Company) must be paid by the Customer.

     
  10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Digital Sense Hosting, will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. All domain transfers are subject to the Company's registration fees. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

     
  11. Valued U.S.E.R. Package: full package available with most hosting plans, unless otherwise stated on the web site. The company strives to provide unmatched service and exceptional reliability to all customers. Our valued U.S.E.R. package includes:

     
    1. E-mail Support Boundaries: Digital Sense Hosting, provides technical support to our Customers via an on-line Trouble Ticket system. The Company limits its technical support to its area of expertise. The following are the guidelines for providing support: Digital Sense Hosting provides support related to the Customer's sites housed on the Company's servers. Digital Sense Hosting does not offer technical support for application specific issues, such as cgi, php or asp programming, html or any other such issue. Digital Sense Hosting does not provide technical support for the customers of resellers. In addition to the on-line trouble ticket system, many answers are available in the FAQ section of the web site. Please refer to http://www.dsensehosting.net/faq.php. Lastly, the help files in the program you are using may have the answers to your questions.
       
    2. Uptime Guarantee: Customers are guaranteed 99.8% uptime each month (approximately 1.46 hours of downtime is allowed based on an average month). Downtime is defined as the time between when a trouble ticket is received and when it is resolved. The trouble ticket must specifically relate to a downtime issue under the control of the Company (as defined in Section 8 of the TOS). Predetermined percentage refunds will be applied based upon total downtime for the month. Downtime refunds are made on an individual basis per customer. Customer must submit a trouble ticket for any downtime issues. Total downtime for the month is calculated using the sum total of all trouble tickets for an individual customer. Percentage refunds are offered based on the following uptime percentages:
      1. 99.8% or above = 0% discount
      2. 99.0% - 99.79% = 5% discount
      3. Lower than 99.0% = 10% discount
      The percentage off applies to a monthly hosting charge. Monthly customers will receive the credit toward the subsequent month of hosting. Annual customers will receive the credit on their next renewal date (credit will be applied toward the calculated value of one month of hosting service - calculated value can be computed by dividing the annual hosting fee by twelve). Customers may also use the credit toward other services offered by the Company.
       


     

  12. Spam Policy:

     
    1. SPAM and Unsolicited Commercial Email (UCE): Digital Sense Hosting maintains a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Digital Sense Hosting may not use or permit others to use our network to transact in UCE. Customers of Digital Sense Hosting 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.

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

       
    3. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Digital Sense Hosting personnel must spend to investigate the matter.

       
    4. As our reseller Customers are ultimately responsible for the actions of their clients over the Digital Sense Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


    IMPORTANT NOTICE:

    Reseller or shared accounts which host web sites or services on their servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases, will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

     
  13. Network

     
    1. IP Address Ownership: If Digital Sense Hosting assigns the Customer with an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to Digital Sense Hosting, and the Customer shall have no right to use that Internet Protocol address except as permitted by Digital Sense Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Digital Sense Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Digital Sense Hosting, and Digital Sense Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we reserve the right to revoke authorization to use those IP addresses that could be used with name-based hosting.

       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"), without additional charges being incurred. Digital Sense Hosting will monitor the Customer's bandwidth and disk usage. Digital Sense Hosting does offer additional bandwidth and disk usage for an advertised fee. Digital Sense Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Digital Sense Hosting's sole and absolute discretion. If Digital Sense Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Digital Sense Hosting will charge the customer's credit card on file as per the current advertised prices.

       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Digital Sense Hosting Network. Violations of system or network security may result in civil or criminal liability. Digital Sense Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

       
      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         
      3. Attempting to interfere with service to any user, host, server, or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

         
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         
      5. Taking any action in order to obtain services to which such User is not entitled.


       

    4. Notification of Violation:

       
      1. Digital Sense Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our TOS or AUP to monitor or police Internet-related activities.

         
      2. First violation: Any User, which Digital Sense Hosting determines to have violated any element of the Terms of Service or Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Digital Sense Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

         
      3. Second Violation: Users that Digital Sense Hosting determines to have committed a second violation of any element of the Terms of Service or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

         
      4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network (resellers), or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


       

    5. Suspension of Service or Cancellation: Digital Sense Hosting reserves the right to suspend network access to any customer if in the judgment of the Digital Sense Hosting network administrators the customer's account/server is the source or target of the violation of any of the other terms of the TOS or AUP or for any other reason which Digital Sense Hosting 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 contacted regarding the activity. The customer will not be credited for the time the customer's account(s) was/were suspended.

       
    6. Digital Sense Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Digital Sense Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Resellers will be held responsible for the actions of your clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

       
    7. Indemnification: Digital Sense Hosting wishes to emphasize that in agreeing to the Digital Sense Hosting Terms of Service (TOS) and Acceptable Use Policy (AUP), customer indemnifies Digital Sense Hosting for any violation of the Terms of Service (TOS) and Acceptable Use Policy (AUP) that results in loss to Digital Sense Hosting or the bringing of any claim against Digital Sense Hosting by any third-party. This means that if Digital Sense Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Digital Sense Hosting, plus all costs and attorney's fees.

       
    8. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Please keep all contact information up to date.

       
      1. A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

         
      2. Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

         
      3. Digital Sense Hosting takes no responsibility for any material input by others and not posted to the Digital Sense Hosting Network by Digital Sense Hosting. Digital Sense Hosting is not responsible for the content of any other websites linked to the Digital Sense Hosting Network; links are provided as Internet navigation tools only. Digital Sense Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

         
      4. Digital Sense Hosting takes no responsibility for any material input by others and not posted to the Digital Sense Hosting Network by Digital Sense Hosting. Digital Sense Hosting is not responsible for the content of any other websites linked to the Digital Sense Hosting Network; links are provided as Internet navigation tools only. Digital Sense Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

         
      5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund, as well as possible fines.

         
    9. Responsibility for Content: You, as Digital Sense Hosting's customer, are solely responsible for the content stored on and served by your Digital Sense Hosting server.