By accessing DMChost you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via DMChost while you are a user of DMChost services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact DMChost immediately so that we may close your account. DMChost has a responsibility to protect each of our clients and provide the best service possible. DMChost offers space for your site on our servers and has nothing to do whatsoever with your access to reach our servers or the time it takes to upload, etc. The following guidelines were designed to ensure these services for all our clients.

Content

All services provided by DMChost may be used for lawful purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes, , harassment, fraud, trafficking of obscene material, drug dealing, and any other illegal activities. The subscriber agrees to indemnify and hold harmless DMChost from any claims resulting from the use of the service that damages the subscriber or any other party.

Pornography and Adult content is prohibited. This extends to sites that may have links / banners to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. A few examples of non-acceptable content or links are:

• pirated software
• hacker's programs or archives
• warez sites
• mp3 archives

DMChost will be the sole and final arbiter as to what constitutes a violation of this provision.

Indemnification Policy

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

• any injury to person or property caused by any products sold or otherwise distributed in connection with DMChost's server;
• any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement and
• any defective products sold to client from DMChost's server.

DMChost shall be the sole and final arbiter of what violates this Policy.

Server Resources

Any web site that uses a high amount of server resources (such as CPU/Memory/Disk) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource needed to an acceptable level. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the client's own account, resale of access to CGI scripts installed on DMChost servers. DMChost shall be the sole and final arbiter of what is considered to be a high server usage level.

Chat rooms

DMChost does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Email/Network Abuse

The sending of commercial advertising through email (AKA spamming) from a DMChost server, referring to an URL on a DMChost server, or using an email address that is maintained on a DMChost server is STRICTLY PROHIBITED. This includes but is not limited to activities such as using a non-existent email return address on a commercial solicitation, allowing spamming by third parties to promote a web site hosted by DMChost, trolling (posting contentious messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross posting articles to any newsgroup without their permission, and commercial advertisements.

Transmission of bulk, unsolicited commercial e-mail (UCE) or commercial postings to inappropriate newsgroups (spam) by DMChost clients is strictly prohibited. In order to indicate the seriousness of these terms

DMChost Clients accept the automatic charge of: £100.00 Sterling plus £10 for each spam/UCE sent, plus immediate account deactivation for 10 days (first offense) cancellation for (second and last offense) any client of DMChost that sends any spam whatsoever, whether from our mail servers or from external mail servers that refer to an DMChost client web site.

User accounts will be deactivated immediately and without warning when evidence of spamming is discovered. Using an DMChost address (real or virtual) as a drop or reply point to spam transmitted off the DMChost network is also prohibited.