Shared Hosting Terms

Daily Data provides World Wide Web site hosting, Marketing, and Development. Daily Data has certain legal and ethical responsibilities consistent with the use of its server and equipment involved in these services.

The general policy of Daily Data is to act as a provider of Internet presence. Daily Data reserves the right to suspend or cancel a customer's access to any or all services provided by Daily Data when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Daily Data is strictly prohibited.

Any unauthorized use of accounts or computers by a Daily Data customer, whether or not the attacked account or computer belongs to Daily Data, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE -- Daily Data has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Shared hosting accounts may be terminated that include the following content or which have links to the following content:

• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• Displaying material containing obscene nudity or pornographic material
• Displaying material that exploits children under 18 years of age
• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
• IRC servers, bots or clients on suared servers.

Abuse of Unlimited Traffic

The customers of Daily Data are privileged to be offered unlimited traffic for their web sites. The intention of Daily Data is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (HTML) must be 'linked' with files (.GIF, .JPEG, etc.) stored on the server that Daily Data has provided. Web sites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Daily Data management. Any customer who violates the Policies of Daily Data in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our shared hosting service the following limitations apply:

• Sites with more than 50% of their traffic coming from banners, graphics or cgi scripts running from their domain and remotely. Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds.
• For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 1 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.
• You will be notified of the overages and have 7 days to clear up the problem. If you do clear up the problem within the 7 days, your site will be disabled. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Daily Data has the sole decision to deactivate any and all servers.

Service Level Agreement

Daily Data guarantees your web site will be available 99.9% of the time

• Coverage - This 99.9% uptime guarantee applies to any Daily Data client in good financial standing with Daily Data at the time of a service outage.
• Service Level Agreement & Specifications - Daily Data endeavors to have the content of your web site available for HTTP access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Daily Data to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via the online ticketing system of Daily Data. If the ticketing system itself is unreachable, the ticket must be started by calling the Daily Data emergency phone number that will be provided at the time of commitment. The administrators of Daily Data will determine the end of the downtime by a traceroute to the customer's machine from outside the Daily Data network.
• Credits
  • Shared Hosting - In the event that your web site is not available for more than 99.9%, Daily Data will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

    Monthly Uptime	Credit
    95% to 99.8%	10%
    90% to 94.9%	20%
    89.9% or below	50%

  • Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

    Minutes of continuous downtime	Credit
    60	10%
    5+ 60 minute intervals	25%

  • In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the downtime. You must request credit by sending an electronic mail message to custsvc@dailydata.net. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Daily Data. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
• Restrictions - Credits shall not be provided to you in the event that you have any outage resulting from:
  • scheduled maintenance as posted from time to time at Daily Data,
  • your behavior or the performance or failure of your equipment, facilities or applications, or
  • circumstances beyond the reasonable control of Daily Data, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or
  • a client breaking any item in the "terms and conditions of use policy" of Daily Data causing a machine to fail as a result.

Miscellaneous

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however Daily Data must review and approve the script, for security purposes only, and Daily Data reserves the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)

Chat Rooms

We do not allow clients to install their own chat room clients within a shared hosting account without approval from the Daily Data Support Team. Most chat rooms tend to use excessive amounts of system resources and we therefore limit it to keep the systems running quickly for all our users.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails 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 e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please fill out our contact form to have your domain moved.

Background Running Programs

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. (this section does not apply to managed dedicated servers)

Disk Overages

Daily Data shared hosting accounts come with limited disk space. Should you require additional disk space, the virtual hosting service is appropriate for your needs. Clients who consistantly exceed this limit will be required to change to our virtual hosting service.

Intellectual Property Rights

Material accessible to you through the services that Daily Data provides may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Daily Data or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Daily Data network. If you use a domain name in connection with Daily Data or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Daily Data network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Daily Data will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Daily Data a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Daily Data under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Daily Data shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Daily Data and Daily Data reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

To ensure the client has legal control over their domain, domain registration is the responsibility of the client.Daily Data is happy to assist in domain registration.

Lawful Purpose

Daily Data reserves the right to refuse service to anyone. Customers may only use Daily Data server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted 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 Daily Data management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Dallas County, Texas, and any dispute will be litigated or arbitrated in Dallas County, Texas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Dallas County courts. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF Daily Data EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Daily Data harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against daily data, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless daily data against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the server that daily data provides; (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 customer from the server that Daily Data provides.

Disclaimer

Daily Data will not be responsible for any damages your business may suffer. Daily Data makes no warranties of any kind, expressed or implied for services we provide. Daily Data 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 daily data and its employees. Daily Data reserves the right to revise its policies at any time.

All sub-networks, resellers and dedicated servers of daily data must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Privacy Statement

Daily Data follows the strict guidelines of our customer privacy statement. Read our privacy statement here.