Updated April 2018
All our Hosting Plan products (including Shared Hosting, Master Reseller Hosting and VPS Hosting) are subject to a 30 Day Money Back Guarantee. If at any time during the first 30 days you decide you want to cancel your hosting plan you will receice a FULL REFUND with no questions asked. After the first 30 Days you may still seek a PARTIAL REFUND for 12 month and 24 month subscriptions. The partial refund is calculated as the fraction of your current unused subscription period over the entire subscription period, less a 25% fee of the original payment. For example if you signed up for a yearly hosting plan at $29.95/y and after 3 months decided you wanted to cancel, you could seek a partial refund of [9/12x$29.95] - [0.25x$29.95] = $14.97
Please note that ALL our Software Products are NON-REFUNDABLE, this includes WHMreseller, WHMexec, WHM/cPanel, Plesk & Fantastico Licenses. The trial periods are intended to allow clients to fully test our software products before purchasing. It may also be advisable to clients who are uncertain of their long term situation to signup for our software products on monthly subscriptions which could then be cancelled at anytime. Domain Name Registrations and SSL Certificates are also Non-Refundable. Any outstanding balance in your account is also Non-refundable upon account closure. An outstanding balance is typically caused by clients who "Add Funds" to their deasoft.com account in advance. It is clearly stated on the "Add Funds" page that these added funds are considered an advanced purchase that can only be spent at deasoft.com and are non-refundable.
We only deduct a 25% fee on refunds that are requested after the first 30 days. If you request a refund within the first 30 days you will get ALL your money back. We charge this 25% fee on refund requests made after the first 30 days because we often invest time and energy setting up clients accounts and managing their support needs, this fee gives us a way to cover these costs. It also serves to discourage clients from cancelling and signing up again repeatedly.
Service Level Agreement SLA
All our hosting products (including Shared Hosting, Master Reseller Hosting and VPS Hosting) come with a 99.8% Uptime availability commitment. If in any quarterly period (Jan/Feb/Mar), (Apr/May/Jun), (Jul/Aug/Sep), (Oct/Nov/Dec) our hosting services fail to have an average availability of 99.8%, clients can request a free month of hosting on their current plan. The stated figure of 99.8% equates to approximately 86 minutes of allowable downtime per month, for the stated 3 month period (quarterly period) that becomes a total allowable accumulative downtime of approx (4 hours 18 mintues) per quarter. There is a limit of 4 free months in any year that can be claimed due to downtime, 1 free month per quarter. Please note that downtime is considered as only that which causes complete website outage, either by network/hardware failure or due to our own administration errors. The following cases are considered beyond our control and will not be eligible for a free month:
- Downtime due to Acts of any governmental/law enforcement/legal body
- Downtime due to any and all natural disasters, including, but not limited to, fire and flood
- Downtime due to wars, insurrection, sabotage, armed conflict, embargo, strike or other labor disturbance
- Downtime due to interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services
- Downtime due to virus attacks or hackers, failure of third party software (including, but not limited to, ecommerce software, payment gateways, chat, statistics or free scripts)
- Downtime due to inability to obtain raw materials, supplies, or power used in or equipment needed to maintian normal services
- Downtime due to scheduled maintenance, DNS issues outside our direct control, issue with FTP, FTPES, POP, IMAP, or SMTP customer access
- Downtime due to customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, but not limited to, custom scripting/coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Acceptable Use Policy
- Downtime and Disruptions of any email or webmail delivery and transmission, DNS (Domain Name Server) Propagation
- Downtime due to outages elsewhere on the Internet that hinder access to your account. Deasoft is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
- Downtime due to DDOS (Distributed Denial of Service) attacks.
General Terms and Conditions
Acceptable Use Policy
This agreement represents the complete agreement and understanding between Deasoft and the account holder (hereinafter referred to as the customer) and supersedes any other written or oral agreement. Upon notice published online via Deasofts' services, Deasoft may modify these terms and conditions,amplify them, and/or modify the prices, as well as discontinue or change services offered without prior consent of existing or prospective customers. If you do not agree to these terms and conditions, please notify Deasoft via e-mail at email@example.com. Use of your account shall constitute your acceptance of this Agreement.
- Deasoft makes no warranties of any kind, whether expressed or implied, for the service it is providing. Deasoft also disclaims any warranty of merchantability or fitness for a particular purpose. Deasoft will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
- Customer agrees to defend, hold harmless and expeditiously indemnify Deasoft from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the customer's use of the service.
- Services provided to the customer by Deasoft may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Australian or US Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Deasoft reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
- Deasofts accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow FTP access to its server and host web sites for its customers without violating this Policy.
- Deasoft reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after cancellation of the account without Deasofts' written consent, Deasoft will cancel the customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
- Setup fees are not refundable.
- Additionally, customer agrees not to utilize the Deasoft service, equipment or email system in connection with the transmission of the same or substantially similar unsolicited message to 500 or more recipients or eight or more newsgroups in a single day, unless deemed acceptable on a per-case basis by Deasoft. Customers responsible for violating this clause of the Deasoft Acceptable Use Policy will have their account immediately cancelled without notice. Any resulting spam related fines shall be passed on to said customer, who shall take sole responsibiity.
- Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
- Deasoft requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Deasoft cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
- Customer shall ensure that its use of Deasofts' and it's providers' networks and services shall not disrupt Deasoft, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Deasoft reserves the right to place CPU process limits on the customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Deasoft user or to any directly or indirectly attached network. Use of Deasofts' and it's providers' connections in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Deasoft shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Deasofts' and it's providers' services, equipment or any site hosted on any Deasoft network.
- Customer warrants that any material submitted for publication on Deasoft does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Deasoft reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
- Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
- Use of Deasofts' hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
- Customer is subject to a surcharge in the event their account's bandwidth usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
- If Deasoft becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the complainant must submit at least two items. First, complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the customer's materials. Second, complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Deasoft, at its discretion, may, at any time deny access to the challenged material of customer.
- If you believe that your work has been copied in a way that constitutes copyright infringement by a Deasoft customer ("the customer"), you ("the complaining party") must first provide deasofts Legal Agent with the following information in writing ("the notification"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;
- a description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material; your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Deasofts Copyright Agent for Notice of claims of copyright infringement can be reached at: firstname.lastname@example.org
Upon receipt of the Written Notification containing the above information by the Complaining Party, and only upon receiving such Notification, Deasoft will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to the alleged infringer ("the customer");
- Take reasonable steps to promptly notify the customer that it has removed or disabled access to the material.
In response, the customer may send a "Counter-Notification" to Deasoft. To be effective, the Counter-Notification must be in writing and include the following information:
- The customers physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- The customers name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the customer is outside the United States, for any judicial district in which Deasoft may be found, and that the customer will accept service of process from the person or his agent who provided the original Notification.
Upon receipt of the written Counter-Notification containing the above information by the customer, and only upon receiving such Counter-Notification, Deasoft will:
- Provide the Complaining Party with a copy of the Counter-Notification;
- Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Deasoft9s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the customer from engaging in infringing activity relating to the material referenced in the Notification.
- Any party seeking to report any other potential violations of this Acceptable Use Policy may contact Deasoft at email@example.com.
- To discontinue services, you must notify Deasoft to formally cancel your account with and avoid further charges.
- On occasion, Deasoft may need to communicate with its customers through email for issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary email address specified during the sign-up process.
- It is the responsibility of the customer to notify Deasoft of any changes to their account, such as phone number, address, or credit card information. Customers will be required to provide verification for security purposes authorizing them to make any changes to the account.
We keep your information private
The privacy of our clients is extremely important to Deasoft. We strongly believe in individual's rights to privacy and that personal information is not a commodity and should not be treated as one. At all times we will never share your personal information with any third parties without your permission.
Deasoft does not sell or rent customer e-mail addresses or other information to any third-party and, inversely, the Deasoft Acceptable Use Policy prohibits any client from sending Unsolicited Commercial Email (UCE aka "spam") using our services.
All client information, such as your e-mail address and phone number, is used only for internal purposes to contact if necessary for announcements. Financial information that is collected is used only to bill you for products and services which you have purchased.