Terms of Service



Important Legal Agreements

DBM Hosting provides its services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of DBM Hosting are subject to the following terms of service:

Indemnification Policy

You agree to use all DBM Hosting services and facilities at your own risk. DBM Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall DBM Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold DBM Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DBM Hosting, 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 DBM Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with DBM Hosting's server.

DBM Hosting reserves the right to intervene with any of the services hosted on its servers in the interest of its customers.

Refund Policy

DBM Hosting provides a full 7 day money back guarantee if our services are to be at fault. An example of this would be your service starts billing cycle the 1st, and within the first 7 days the node/server box you are one is found to be at any downtime lasting longer than 30 min. You can request a full refund. Any refunds requested after the first 7 days of the billing cycle is either denied or reviewed by the current staff online at that time. If a refund for a request that was filed after the 7 day term is decided to be issued, it will be a partial refund. If your service to be found guilty in any trademarks, copyright or in any other way breaking the law, DBM Hosting reserves its rights to suspend the service, and depending on the infringement terminate the service without a possible refund. Read more under the termination segment.

Account credit and / or funds added through the "add funds" feature cannot be refunded

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.

We accept PayPal, paysafecard, iDeal, Mollie, Bitcoin. Clients are encouraged to pay by Paypal as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus any fees incurred which are typically €15 per chargeback.

Late Payments

All accounts are billed according to the dates the service was ordered on. If you do not pay for service renew on the expiry date, your account will be suspended. If you will not pay for service renew in 7 days after suspension, your account will be terminated. You will receive several email reminders after suspension.

Acceptable Use Policy

All services provided by DBM Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DBM Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all DBM Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking and Warez is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

DBM Hosting reserves the right to terminate any service, should a service at any point in time have a negative effect on our infrastructure's performance, make a machine unavailable or otherwise unstable. DBM Hosting will in all cases first contact the client with a notification of its intentions, and give time (minimum of 7 days) to rectify the problem.

Server Personalization

DBM Hosting is not responsible for personalizing a clients service. The client should be fully capable of customizing their own service(s) before ordering. DBM Hosting is only responsible for the basic operation of the service(s).

Downtime caused by personalization is not a valid reason for a refund, as our systems remained fully operational. A support representative can re-install the service for you undoing all personalization, if the client so desires. If a client wants DBM Hosting to perform personalization, a quote can be provided. A support representative decides whenether or not a fee is to be charged

DBM Hosting offers no warranty on personalization performed though our systems such as bukget, mod installations and upgrades. Neither will DBM Hosting be responsible for instability caused by personalization.

Service Addons

All service addons include, but are not limited to dedicated IP addresses, separate service upgrades or hostnames. Will be terminated once the service they are attached to are terminated or cancelled, this will happen without any notification to the client.

Data loss and protection

DBM Hosting are not to be held responsible for any data loss following a physical machine fault, bad modifications, and corrupt backups. DBM Hosting does not backup any services. Even so we strongly recommend that you as a user take a backup at least once a week so you always have a backup in case of a faulty hard drive, bad modifications, corrupt files etc.

Service uptime and performance

DBM Hosting gurantee's a 99.9% uptime on any of it's services. The reason for this is the needed maintenance such as upgrades, updates, possible network issues, machine failure etc.

Some services are known to have what is in the computer industry called a “crash” this is when a service or application fails to respond within a timeframe. Some services like Game servers is known to have this issue more often than others, usually because of the user uploaded content like addons, scripts etc. We as a company are not to be held responsible if your service is down due to user generated mistakes, or if the developers of the game server files fails to provide a stable release. We also strongly recommend not using alpha or beta versions of game software as this can make your server unstable, we will however provide easy access to these but won’t be held responsible for an unstable service following by the use of these unstable versions. DBM Hosting is not to be held responsible for any server side lag or downtime caused by modifications made by the user; this includes but is not limited to mods, plugins, addons or any type of modification done by the user. DBM Hosting is not to be held responsible if the service become irreparable because of such modifications, we strongly recommend all users to take frequent backups of their service to minimize the risk of server faults caused by bad modifications, read more under “Data loss and protection”

Limitation of Liability

DBM Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DBM Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, DBM Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DBM Hosting servers.

Disclaimer

DBM Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by DBM Hosting are resold. Thus, certain equipment, routing, software, and programming used by DBM Hosting are not directly owned or written by DBM Hosting. Moreover, DBM Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as DBM Hosting sees fit. FURTHERMORE, DBM Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Last Modified: 28 December 2015 00:54AM CET