This document outlines the terms of a dedicated server service agreement between DeVore Technologies Inc. and its clients. Key points include:
- Clients must agree to the terms of this agreement and any future changes made without notification.
- DeVore will make commercially reasonable efforts to provide 24/7 dedicated server services but cannot guarantee continuous availability.
- Clients are responsible for server content and compliance with all laws. DeVore may remove content that violates its policies.
- Additional terms cover IP address usage, prohibited server uses, security, third party software, and limitations of liability. Fees may apply for optional assisted server services.
The NCTE offers free website hosting and domain registration services for educational organizations in Ireland. To use these services, organizations must complete an application form providing details of their website and desired domain name. The NCTE will provide up to 25MB of hosting space and instructions for using the server. Applications may take 1-2 weeks to process and must include supporting documentation. The services are subject to an acceptable use policy regarding lawful and appropriate use.
This document provides a tutorial on setting up PHP and the Zend framework on a Windows system using WAMP. It outlines steps to install and configure WAMP, PHP, PostgreSQL, and the Zend framework. It then discusses using the MVC pattern with Zend, including creating controllers, views, and a model. Code examples and explanations are provided for setting up the basic directory structure and files for a sample application using this stack.
The document discusses configuring web servers like Apache and IIS. It explains how web servers work using HTTP, and how to host multiple websites using port numbers, IP addresses, or host names. Virtual directories are also configured to make directories appear below the root even if they are physically located elsewhere.
The Politics of Web Space Richard Rogerswebhostingguy
This document discusses different conceptualizations of the politics of web space over time. In the early "hyperspace period", individual websites were mapped by analyzing their inlinks and outlinks to show associations between sites. Later, the web was seen more as a public sphere and cluster maps showed issue networks. Currently, location data grounds the web in physical geography. The politics of inclusion and authority are seen in search engine rankings and directory listings.
This document discusses options for hosting websites for organizations in PNG. It recommends against hosting internally due to security and bandwidth limitations. Externally, it suggests hosting with an overseas dedicated hosting company rather than a PNG ISP for greater reliability, support and access. A table compares PNG ISP hosting and overseas dedicated hosting, with overseas hosting providing higher reliability without outages, more expert support, and tools for customers to independently maintain their sites.
The document provides an overview of troubleshooting techniques for application servers and websites. It discusses common problems at different levels of the application stack from hardware to code. Specific tools are recommended for analyzing issues with servers, networks, operating systems, web servers, databases, and mail servers. Detailed steps are outlined for using tools like Netstat, Telnet, SQL Profiler and SeeFusion to diagnose performance and crashing issues.
Domain Migration/Administration for the webhostingguy
The document outlines plans to migrate all users and services from the AGSCI domain to a new AG.PSU.EDU domain before July 1, 2006. It describes using the User State Migration Tool to migrate user settings, the Active Directory Migration Tool to migrate user and group accounts, and Exmerge.exe to migrate Exchange mailboxes. It also describes implementing Microsoft Operations Manager to centrally monitor servers in the new domain environment.
The NCTE offers free website hosting and domain registration services for educational organizations in Ireland. To use these services, organizations must complete an application form providing details of their website and desired domain name. The NCTE will provide up to 25MB of hosting space and instructions for using the server. Applications may take 1-2 weeks to process and must include supporting documentation. The services are subject to an acceptable use policy regarding lawful and appropriate use.
This document provides a tutorial on setting up PHP and the Zend framework on a Windows system using WAMP. It outlines steps to install and configure WAMP, PHP, PostgreSQL, and the Zend framework. It then discusses using the MVC pattern with Zend, including creating controllers, views, and a model. Code examples and explanations are provided for setting up the basic directory structure and files for a sample application using this stack.
The document discusses configuring web servers like Apache and IIS. It explains how web servers work using HTTP, and how to host multiple websites using port numbers, IP addresses, or host names. Virtual directories are also configured to make directories appear below the root even if they are physically located elsewhere.
The Politics of Web Space Richard Rogerswebhostingguy
This document discusses different conceptualizations of the politics of web space over time. In the early "hyperspace period", individual websites were mapped by analyzing their inlinks and outlinks to show associations between sites. Later, the web was seen more as a public sphere and cluster maps showed issue networks. Currently, location data grounds the web in physical geography. The politics of inclusion and authority are seen in search engine rankings and directory listings.
This document discusses options for hosting websites for organizations in PNG. It recommends against hosting internally due to security and bandwidth limitations. Externally, it suggests hosting with an overseas dedicated hosting company rather than a PNG ISP for greater reliability, support and access. A table compares PNG ISP hosting and overseas dedicated hosting, with overseas hosting providing higher reliability without outages, more expert support, and tools for customers to independently maintain their sites.
The document provides an overview of troubleshooting techniques for application servers and websites. It discusses common problems at different levels of the application stack from hardware to code. Specific tools are recommended for analyzing issues with servers, networks, operating systems, web servers, databases, and mail servers. Detailed steps are outlined for using tools like Netstat, Telnet, SQL Profiler and SeeFusion to diagnose performance and crashing issues.
Domain Migration/Administration for the webhostingguy
The document outlines plans to migrate all users and services from the AGSCI domain to a new AG.PSU.EDU domain before July 1, 2006. It describes using the User State Migration Tool to migrate user settings, the Active Directory Migration Tool to migrate user and group accounts, and Exmerge.exe to migrate Exchange mailboxes. It also describes implementing Microsoft Operations Manager to centrally monitor servers in the new domain environment.
This document outlines the terms and conditions of a web site hosting end user agreement between a customer and Register.com. It details what the hosting service provides, restrictions on content, intellectual property rights, terms of service, and conditions for account suspension or termination. Customers must agree to only use the service legally and appropriately, and Register.com reserves the right to remove any content or suspend service that violates the terms.
Dedicated, Shared and Virtual Server Hosting Terms and Conditionswebhostingguy
This document outlines the terms and conditions for netXtra Limited's dedicated, shared, and virtual server hosting services. It defines key terms related to hosting and describes netXtra's obligations to provide hosting services with 99.5% uptime. It also outlines the customer's obligations not to violate laws or netXtra's acceptable use policy. The document discusses financial terms, confidentiality, non-solicitation between parties, and limitations on warranties and liability.
This document contains the terms of service for a free public WiFi network provided by F-Secure. It describes the service as providing internet access via WiFi or wired connection. It warns users that public WiFi has security risks and recommends users take precautions. The terms state that F-Secure may modify or discontinue the service at any time. It disclaims all warranties and limits liability. It also includes a clause requiring users to relinquish their first born child to F-Secure.
This document is the Opera Software End User License Agreement. It outlines the terms and conditions for using the Opera Desktop browser software and services. Key points include:
- The user is granted a limited, non-exclusive license to use the software and services.
- The user cannot modify, distribute, or reverse engineer the software.
- Opera owns all intellectual property rights to the software and services.
- The software and services are provided "as is" without warranties.
- Opera's liability is limited and it disclaims all implied warranties.
This document is the Opera Software End User License Agreement. It outlines the terms and conditions for using Opera's desktop browser software and services. Key points include:
- The user is granted a limited, non-transferable license to use the software and services for personal use only.
- The user cannot modify, distribute, or reverse engineer the software.
- Opera provides access to services like bookmarks syncing, forums, and personalized content which may include user-generated content that Opera is not liable for.
- The agreement reserves Opera's rights to modify or discontinue services and proprietary rights over the software and services.
This software as a service agreement outlines the terms for a customer to use a supplier's web and software applications as a subscription service. Key points include: the customer purchases user subscriptions that allow authorized users to access the services and documentation; the supplier retains ownership of the software and services; fees are charged on a monthly basis based on the number of user subscriptions; the contract details each party's rights and responsibilities regarding use of the services, support, proprietary rights, liability, term and termination.
This document summarizes the terms and conditions for using the ExtraAEdge website. It states that by using the site, users agree to the terms of use. It covers ownership of the site, registration requirements, privacy policies, fees, content ownership, termination of accounts, and other legal terms. The terms allow ExtraAEdge to use any user-generated content on the site and share it with partners. It also allows the site owners to change terms or fees at any time.
Administrative and technology services outsourcingaliwaqas144
This document is an agreement between Envision Corporation and a client for the outsourcing of administrative services and technology development. Envision will provide services such as financial management, IT services including web hosting, customer support, and development support. Envision will host the client's website and allow Envision to use the site for product resale. The client will pay for services based on the ratio of Envision employees working on the account to total employees, plus overhead costs. Envision will also be compensated separately for additional development work.
Are you looking for the job? Business Search Ltd has the local national directory that helps you to find out the compatible job in your local or national places. Log on to business-searchltd.co.uk, for further information. http://www.business-searchltd.co.uk/
This document is a zone file access agreement between a user and a registry operator (Telnic Ltd.). It grants the user non-exclusive access to DNS zone files for a top-level domain (.tel) for purposes like incorporating the data into their own products and services. The user must comply with restrictions like not using the data for marketing or high-volume automated queries. The agreement lasts 3 months and automatically renews, and can be terminated by either party with 7 days notice. It also specifies the user's payment obligations, proprietary rights, methods of access, disclaimers of warranties, governing law, and definitions.
In this document, which are the Terms of Use (“the TOU”) governing access to our websites, we, Parallel Wireless, Inc. set forth the terms by which you may use our sites including but not limited to: www.parallelwireless.com, www.lmlte.com, www.lmlte.org, www.lmlte.net, and any other websites that we operate and upon which we post a link to these TOU, collectively “the Sites.” The Sites are owned and operated by Parallel Wireless, Inc. (“Parallel”), whose principal place of business is in Nashua, New Hampshire.
The document is Zoom's Terms of Service. It outlines the following key points:
- Users must agree to the Terms of Service before using Zoom's video communication services.
- Zoom provides services like video meetings and webinars. Users are responsible for their content and compliance with laws.
- Users cannot use the services for illegal or harmful purposes or in ways that disrupt Zoom's operations. Zoom may terminate accounts that violate the terms.
This document is an end user license agreement (EULA) for installing software. It outlines the terms of the limited license granted for use of the program, including that (1) the program is owned by the licensor and licensed, not sold, (2) the user has limited rights to use one copy of the program for personal use and is prohibited from copying or modifying the program, and (3) the licensor provides no warranties and disclaims all implied warranties for the program which is provided "as is".
This document contains the terms of service for using the TokBox live video chat software and services. Some key points:
- Users must accept the terms of service to use the TokBox application programming interface and sample code. TokBox reserves the right to change or terminate access to the platform at any time.
- Users are granted a non-exclusive, non-transferable license to use the platform and display the TokBox service on their websites. All intellectual property rights belong to TokBox.
- Users cannot modify or obscure the TokBox service and must comply with TokBox branding guidelines. TokBox receives aggregated usage data from the service.
- TokBox retains all advertising revenue displayed within the service.
branded dialer app reseller business opportunity Dinesh Patel
This document provides information about Zoom Dialer, a service that allows users to make phone calls through an app rather than a traditional phone line. Some key points:
- Zoom Dialer allows users to make calls through a mobile app to avoid the need for a second phone line.
- Their technology integrates with service providers' networks to route calls over the internet.
- The document provides contact information for Zoom Dialer and details their end user license agreement and terms of service.
This document outlines the terms and conditions for services provided by Dorne Creative PTY LTD. It specifies that by requesting or paying for services, the client agrees to these terms. It details policies regarding fees, intellectual property, warranties, and limitations of liability. Key points include that the client must pay invoices by specified dates, Dorne retains ownership of draft works but assigns final designs to the client, and the client is responsible for proofing and errors in content they provide.
The document outlines terms and conditions for website design services. It defines key terms like Company, Customer, Services, and Deliverables. It specifies that all orders are subject to these terms and conditions. It describes the process for accepting orders and details responsibilities of both parties. The Company reserves rights over materials and content provided. Timelines provided are estimates and the Company is not liable for delays beyond its control.
Briefpack library system license terms & privacy policy 2020EmmanuelGazelle
1) The document outlines the terms and conditions for using the BriefPack Library software, including licensing rights that allow installation on multiple devices and distribution of some source code with requirements.
2) It also includes a privacy policy for the BriefPack Library website, describing what user information is collected including anonymous and personally identifiable data, how it is used, and security measures to protect information.
3) Users are allowed to make one backup copy of the software and documentation can be copied for internal use, while the software cannot be published, rented or used commercially without permission.
The document is a customer agreement from Tawi Commercial Services Ltd outlining the terms and conditions for customers using their SMS, USSD, mobile applications, and electronic airtime services. Some key details include:
- By using Tawi's services, the customer agrees to be bound by the terms which may change over time.
- Tawi provides the services on an "as is" and "as available" basis and does not guarantee availability or that messages will be received.
- The customer is responsible for keeping their account information secure and notifying Tawi of any unauthorized use.
- Customer data will be kept confidential but Tawi may use non-personal information for service improvements.
1) File uploads in PHP require configuring php.ini settings like enabling file uploads and setting temporary storage directories with correct permissions.
2) Forms for file uploads need to use POST with multipart/form-data encoding and include file input fields and hidden fields.
3) PHP stores uploaded files in the $_FILES array, including the temporary filename, size, type, and original name, which can then be processed and moved to a permanent location.
Running and Developing Tests with the Apache::Test Frameworkwebhostingguy
The Apache::Test framework allows running and developing tests for Apache modules and products. Key features include:
- Running existing tests through the t/TEST program
- Setting up a new testing environment by installing Apache::Test and generating a Makefile
- Developing new tests by writing Perl scripts that use Apache::Test functions and assert results
- Options for running tests individually, repeatedly without restarts, or in parallel on different ports
This document outlines the terms and conditions of a web site hosting end user agreement between a customer and Register.com. It details what the hosting service provides, restrictions on content, intellectual property rights, terms of service, and conditions for account suspension or termination. Customers must agree to only use the service legally and appropriately, and Register.com reserves the right to remove any content or suspend service that violates the terms.
Dedicated, Shared and Virtual Server Hosting Terms and Conditionswebhostingguy
This document outlines the terms and conditions for netXtra Limited's dedicated, shared, and virtual server hosting services. It defines key terms related to hosting and describes netXtra's obligations to provide hosting services with 99.5% uptime. It also outlines the customer's obligations not to violate laws or netXtra's acceptable use policy. The document discusses financial terms, confidentiality, non-solicitation between parties, and limitations on warranties and liability.
This document contains the terms of service for a free public WiFi network provided by F-Secure. It describes the service as providing internet access via WiFi or wired connection. It warns users that public WiFi has security risks and recommends users take precautions. The terms state that F-Secure may modify or discontinue the service at any time. It disclaims all warranties and limits liability. It also includes a clause requiring users to relinquish their first born child to F-Secure.
This document is the Opera Software End User License Agreement. It outlines the terms and conditions for using the Opera Desktop browser software and services. Key points include:
- The user is granted a limited, non-exclusive license to use the software and services.
- The user cannot modify, distribute, or reverse engineer the software.
- Opera owns all intellectual property rights to the software and services.
- The software and services are provided "as is" without warranties.
- Opera's liability is limited and it disclaims all implied warranties.
This document is the Opera Software End User License Agreement. It outlines the terms and conditions for using Opera's desktop browser software and services. Key points include:
- The user is granted a limited, non-transferable license to use the software and services for personal use only.
- The user cannot modify, distribute, or reverse engineer the software.
- Opera provides access to services like bookmarks syncing, forums, and personalized content which may include user-generated content that Opera is not liable for.
- The agreement reserves Opera's rights to modify or discontinue services and proprietary rights over the software and services.
This software as a service agreement outlines the terms for a customer to use a supplier's web and software applications as a subscription service. Key points include: the customer purchases user subscriptions that allow authorized users to access the services and documentation; the supplier retains ownership of the software and services; fees are charged on a monthly basis based on the number of user subscriptions; the contract details each party's rights and responsibilities regarding use of the services, support, proprietary rights, liability, term and termination.
This document summarizes the terms and conditions for using the ExtraAEdge website. It states that by using the site, users agree to the terms of use. It covers ownership of the site, registration requirements, privacy policies, fees, content ownership, termination of accounts, and other legal terms. The terms allow ExtraAEdge to use any user-generated content on the site and share it with partners. It also allows the site owners to change terms or fees at any time.
Administrative and technology services outsourcingaliwaqas144
This document is an agreement between Envision Corporation and a client for the outsourcing of administrative services and technology development. Envision will provide services such as financial management, IT services including web hosting, customer support, and development support. Envision will host the client's website and allow Envision to use the site for product resale. The client will pay for services based on the ratio of Envision employees working on the account to total employees, plus overhead costs. Envision will also be compensated separately for additional development work.
Are you looking for the job? Business Search Ltd has the local national directory that helps you to find out the compatible job in your local or national places. Log on to business-searchltd.co.uk, for further information. http://www.business-searchltd.co.uk/
This document is a zone file access agreement between a user and a registry operator (Telnic Ltd.). It grants the user non-exclusive access to DNS zone files for a top-level domain (.tel) for purposes like incorporating the data into their own products and services. The user must comply with restrictions like not using the data for marketing or high-volume automated queries. The agreement lasts 3 months and automatically renews, and can be terminated by either party with 7 days notice. It also specifies the user's payment obligations, proprietary rights, methods of access, disclaimers of warranties, governing law, and definitions.
In this document, which are the Terms of Use (“the TOU”) governing access to our websites, we, Parallel Wireless, Inc. set forth the terms by which you may use our sites including but not limited to: www.parallelwireless.com, www.lmlte.com, www.lmlte.org, www.lmlte.net, and any other websites that we operate and upon which we post a link to these TOU, collectively “the Sites.” The Sites are owned and operated by Parallel Wireless, Inc. (“Parallel”), whose principal place of business is in Nashua, New Hampshire.
The document is Zoom's Terms of Service. It outlines the following key points:
- Users must agree to the Terms of Service before using Zoom's video communication services.
- Zoom provides services like video meetings and webinars. Users are responsible for their content and compliance with laws.
- Users cannot use the services for illegal or harmful purposes or in ways that disrupt Zoom's operations. Zoom may terminate accounts that violate the terms.
This document is an end user license agreement (EULA) for installing software. It outlines the terms of the limited license granted for use of the program, including that (1) the program is owned by the licensor and licensed, not sold, (2) the user has limited rights to use one copy of the program for personal use and is prohibited from copying or modifying the program, and (3) the licensor provides no warranties and disclaims all implied warranties for the program which is provided "as is".
This document contains the terms of service for using the TokBox live video chat software and services. Some key points:
- Users must accept the terms of service to use the TokBox application programming interface and sample code. TokBox reserves the right to change or terminate access to the platform at any time.
- Users are granted a non-exclusive, non-transferable license to use the platform and display the TokBox service on their websites. All intellectual property rights belong to TokBox.
- Users cannot modify or obscure the TokBox service and must comply with TokBox branding guidelines. TokBox receives aggregated usage data from the service.
- TokBox retains all advertising revenue displayed within the service.
branded dialer app reseller business opportunity Dinesh Patel
This document provides information about Zoom Dialer, a service that allows users to make phone calls through an app rather than a traditional phone line. Some key points:
- Zoom Dialer allows users to make calls through a mobile app to avoid the need for a second phone line.
- Their technology integrates with service providers' networks to route calls over the internet.
- The document provides contact information for Zoom Dialer and details their end user license agreement and terms of service.
This document outlines the terms and conditions for services provided by Dorne Creative PTY LTD. It specifies that by requesting or paying for services, the client agrees to these terms. It details policies regarding fees, intellectual property, warranties, and limitations of liability. Key points include that the client must pay invoices by specified dates, Dorne retains ownership of draft works but assigns final designs to the client, and the client is responsible for proofing and errors in content they provide.
The document outlines terms and conditions for website design services. It defines key terms like Company, Customer, Services, and Deliverables. It specifies that all orders are subject to these terms and conditions. It describes the process for accepting orders and details responsibilities of both parties. The Company reserves rights over materials and content provided. Timelines provided are estimates and the Company is not liable for delays beyond its control.
Briefpack library system license terms & privacy policy 2020EmmanuelGazelle
1) The document outlines the terms and conditions for using the BriefPack Library software, including licensing rights that allow installation on multiple devices and distribution of some source code with requirements.
2) It also includes a privacy policy for the BriefPack Library website, describing what user information is collected including anonymous and personally identifiable data, how it is used, and security measures to protect information.
3) Users are allowed to make one backup copy of the software and documentation can be copied for internal use, while the software cannot be published, rented or used commercially without permission.
The document is a customer agreement from Tawi Commercial Services Ltd outlining the terms and conditions for customers using their SMS, USSD, mobile applications, and electronic airtime services. Some key details include:
- By using Tawi's services, the customer agrees to be bound by the terms which may change over time.
- Tawi provides the services on an "as is" and "as available" basis and does not guarantee availability or that messages will be received.
- The customer is responsible for keeping their account information secure and notifying Tawi of any unauthorized use.
- Customer data will be kept confidential but Tawi may use non-personal information for service improvements.
Similar to Dedicated Server Service Agreement (20)
1) File uploads in PHP require configuring php.ini settings like enabling file uploads and setting temporary storage directories with correct permissions.
2) Forms for file uploads need to use POST with multipart/form-data encoding and include file input fields and hidden fields.
3) PHP stores uploaded files in the $_FILES array, including the temporary filename, size, type, and original name, which can then be processed and moved to a permanent location.
Running and Developing Tests with the Apache::Test Frameworkwebhostingguy
The Apache::Test framework allows running and developing tests for Apache modules and products. Key features include:
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- Setting up a new testing environment by installing Apache::Test and generating a Makefile
- Developing new tests by writing Perl scripts that use Apache::Test functions and assert results
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This document provides instructions on installing and configuring memcached to improve the performance and scalability of MySQL. Memcached is installed using package managers or by compiling from source. It is configured to listen on ports and interfaces, allocate memory, and set thread counts. The typical usage involves applications loading data from MySQL into memcached for faster retrieval, with MySQL as the backing store if data is not found in the cache.
The document discusses Novell iChain, a solution for securing web applications and servers. It provides single sign-on, encrypts data as it passes through proxies, and removes direct access to web servers. It authenticates users through LDAP or certificates and authorizes access through rules stored in eDirectory. This simplifies management and security across multiple web server platforms and applications.
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The document discusses different approaches to load balancing web servers to address issues like scaling performance, tolerating failures, and rolling upgrades. It describes three common solutions: redirecting requests through a front-end server; using round-robin DNS to distribute requests; and employing an intelligent load balancer switch that can distribute requests based on server load and detect failures. Each approach has advantages and disadvantages related to ease of implementation, visibility to users, and ability to handle session state. The document also discusses network designs and protocols involved in load balancing, including TCP connection setup and teardown.
The document compares three methods for consolidating SQL Server databases: 1) multiple databases on a single SQL Server instance, 2) a single database on multiple SQL Server instances, and 3) hypervisor-based virtualization. It finds that consolidating multiple databases onto a single instance has the lowest direct costs but reduces security and manageability. Using multiple instances improves security but has higher resource needs. Hypervisor-based virtualization maintains security while enabling features like high availability, but has higher licensing costs. The document aims to help decide which approach best balances these technical and business factors for a given environment.
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The document discusses various aspects of designing an effective website, including analyzing content and target audiences, organizing site structure and navigation, and implementing design elements. The key steps outlined are to analyze content and audience needs, organize the site structure into main sections and subsections, and implement an intuitive navigation system to help users easily find relevant information. Maintaining and optimizing the site over time are also emphasized.
This white paper provides an architectural overview and configuration guidelines for deploying Microsoft SQL Server 2005 with Microsoft Windows Server 2008 on Dell PowerEdge servers and Dell storage systems. It documents best practices for implementing SQL Server 2005 solutions using Dell hardware and software components that have been tested and validated to help ensure successful deployment and optimal performance. The white paper covers storage configuration, network configuration, operating system configuration, and SQL Server configuration recommendations.
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1. Dedicated Server Service Agreement
By hosting with DeVore Technologies Inc. you are agreeing with the terms of these agreements.
These agreements are subject to change at any point in time without notification to the client.
Dedicated Server Service Agreement
Dedicated Server Service Agreement
This Dedicated Server Service Agreement ("Agreement") is by and between DeVore
Technologies, Inc. , a/an Ohio corporation ("DeVore Technologies Inc."), and you and your heirs,
assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of Your use of DeVore
Technologies Inc. Dedicated Server services (collectively, the "Dedicated Services") and
represents the entire agreement between You and DeVore Technologies Inc . By using DeVore
Technologies Inc. Dedicated Services, You acknowledge and agree that You have read,
understand, acknowledge and agree to be bound by all the terms and conditions of this
Agreement, along with any new, different or additional terms, conditions or policies, including,
but not limited to, the Universal Terms of Service that DeVore Technologies Inc. may establish
from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by
the terms of this Agreement for transactions entered into on Your behalf by anyone acting as
Your agent, and transactions entered into by anyone who uses the account You have established
with DeVore Technologies Inc. whether or not the transactions were on Your behalf. You
acknowledge and agree that DeVore Technologies Inc. acceptance of any application made by
You for services provided by DeVore Technologies Inc. will take place at the Internet Corporation
for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Cleveland,
Ohio, USA.
1. Description of Service
DeVore Technologies Inc. currently provides Dedicated Services to its customers for a monthly
fee. DeVore Technologies Inc. will provide You an account on DeVore Technologies Inc.
Dedicated Services servers, provided, however, You abide by the terms and conditions set forth
herein and in each of DeVore Technologies Inc. policies and procedures.
License of Your Server Content
DeVore Technologies Inc. grants to You, and You accept from DeVore Technologies Inc., a non-
exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the
Internet Your server content in connection with DeVore Technologies Inc. performance or
enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, DeVore Technologies Inc. shall use
commercially reasonable efforts to provide the Dedicated Services on a twenty-four (24) hours a
day, seven (7) days a week basis throughout the term of this Agreement. You agree that from
time to time the Dedicated Services may be inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs
that DeVore Technologies Inc. may undertake from time to time; or (iii) causes beyond the
control of DeVore Technologies Inc. or that are not reasonably foreseeable by DeVore
2. Technologies Inc., including, without limitation, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network congestion or other failures. You
further agree that the availability of the Dedicated Services may be inaccessible during periods of
time for which You have scheduled upgrades or downgrades to your Dedicated Services server.
You agree that DeVore Technologies Inc. has no control of availability of the Dedicated Services
on a continuous or uninterrupted basis.
FTP Backup
DeVore Technologies Inc. may offer additional features and add on services such as a FTP
Backup option. You acknowledge and agree that purchasing such additional features and add on
services may require additional down time to install and maintain. You further acknowledge and
agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and
bandwidth usage as identified by DeVore Technologies Inc.. Subject to the terms and conditions
of this Agreement, DeVore Technologies Inc. shall use commercially reasonable efforts to provide
FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout
the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup
services may be inaccessible or inoperable for any reason, including without limitation: (i)
equipment malfunctions; (ii) periodic maintenance procedures or repairs that DeVore
Technologies Inc. may undertake from time to time; or (iii) causes beyond the control of DeVore
Technologies Inc. or that are not reasonably foreseeable by DeVore Technologies Inc., including,
without limitation, interruption or failure of telecommunication or digital transmission links,
hostile network attacks, network congestion or other failures.
Server Content
You shall be solely responsible for providing, updating, uploading and maintaining Your server
content and any and all files, pages, data, works, information and/or materials on, within,
displayed, linked or transmitted to, from or through Your server, including, without limitation,
trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email
or other messages, meta tags, domain names, software and text. Your server content shall also
include any registered domain names provided by You or registered on behalf of You in
connection with the Dedicated Services.
Information Shared with Partners
As a condition of purchasing and using "Virtual Dedicated Server" and/or "Dedicated Server"
plans, You acknowledge and agree that DeVore Technologies Inc. may provide Your personal
information to their partners, as required to provide the plans for which You are purchasing.
2. Your Obligations
You acknowledge and agree that DeVore Technologies Inc. shall have the right to seek
justification in connection with Your use of the Dedicated Services, specifically Your purchase of
IP addresses, and that You shall be obligated to provide any and all information reasonably
sought by DeVore Technologies Inc. pursuant to such justification. You acknowledge and agree
that You are required to begin using at least ninety percent (90%) of Your purchased IP
addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do
not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge
and agree that DeVore Technologies Inc. shall have the right to reclaim any unused IP addresses
after the expiration of such thirty (30) day period. In connection with such purchase, You
acknowledge and agree that Your name and justification may be disclosed to certain registries,
including, but not limited to, the American Registry of Internet Numbers, in accordance with
3. policies promulgated by any and all such registries and such information may be displayed on the
Whois.
You represent and warrant to DeVore Technologies Inc. that: Your content does not and shall not
contain any content, materials, data, work, trade or service mark, trade name, link, advertising or
services that actually or potentially violate any applicable law or regulation or infringe or
misappropriate any proprietary, intellectual property, contract or tort right of any person and that
You own Your server content and all proprietary or intellectual property rights therein, or have
express written authorization from the owner to copy, use and display the content on and within
Your server account. You also represent and warrant that the server content being hosted by
DeVore Technologies Inc. shall not be used in connection with any illegal activity.
You are responsible for ensuring that there is no excessive overloading of DeVore Technologies
Inc.'s DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby
overload DeVore Technologies Inc.'s DNS or servers, You shall be assessed any and all fees,
costs and penalties associated with such overloading. You may not use DeVore Technologies
Inc.'s servers and Your Server Account as a source, intermediary, reply to address, or destination
address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other
abusive activities. Server hacking or other perpetration of security breaches is prohibited and
DeVore Technologies Inc. reserves the right to remove sites that contain information about
hacking or links to such information. Use of your server account as an anonymous gateway is
prohibited, as is Your use of the Dedicated Services to restrict or inhibit any other user from
using and enjoying the Internet. You acknowledge and agree that DeVore Technologies Inc. has
the right to remove Your server content temporarily or permanently from its dedicated servers if
DeVore Technologies Inc. is the recipient of activities that threaten the stability of its network.
You agree not to engage in unacceptable use of any of the Dedicated Services, which includes,
without limitation, use of the Dedicated Services to: (i) disseminate or transmit unsolicited
messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on
a daily basis, provided, DeVore Technologies Inc., in its sole discretion, may permit You, if You
have a legitimate purpose and after request, to send more email than DeVore Technologies Inc.'s
standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person
may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,
threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material,
data or work that actually or potentially infringes the copyright, trademark, patent, trade secret
or other intellectual property right of any person; (iv) create a false identity or to otherwise
attempt to mislead any person as to the identity, source or origin of any communication; (v)
export, re-export or permit downloading of any message or content in violation of any export or
import law, regulation or restriction of the United States and its agencies or authorities, or
without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to
gain unauthorized access to any computer system, server, network or account for which You do
not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or
transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or
program; (viii) engage in any other activity deemed by DeVore Technologies Inc. to be in conflict
with the spirit or intent of this Agreement or any DeVore Technologies Inc. policy; or (ix) use
Your server as an "open relay" or similar purposes.
DeVore Technologies Inc. prohibits the running of a public recursive DNS service on any DeVore
Technologies Inc. server. All recursive DNS servers must be secured to allow only internet
network access or a limited set of IP addresses. DeVore Technologies Inc. actively scans for the
presence of public DNS services and reserves the right to remove any servers from the network
that violate this restriction.
4. Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server
content. You are entirely responsible for maintaining the confidentiality of Your password and
account information. You acknowledge and agree that You are solely responsible for all acts,
omissions and use under and charges incurred with Your account or password or in connection
with the server or any of Your server content displayed, linked, transmitted through or stored on
the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or
damage to Your server content; (ii) maintain independent archival and backup copies of Your
server content; (iii) ensure the security, confidentiality and integrity of Your server content
transmitted through or stored on DeVore Technologies Inc. servers; and (iv) ensure the
confidentiality of Your password. DeVore Technologies Inc.'s servers and Dedicated Services are
not an archive and DeVore Technologies Inc. shall have no liability to You or any other person for
loss, damage or destruction of any of Your content. The Dedicated Services are not intended to
provide a PCI (Payment Card Industry) compliant environment and therefore should not be
considered as one. DeVore Technologies Inc. shall have no liability to You or any other person for
Your use of the Dedicated Services in violation of these terms. You acknowledge and agree that
DeVore Technologies Inc. has the right to carry out a forensics examination in the event of a
compromise to your server or account.
In the event You terminate this Agreement or Your use of the Dedicated Services, then moving
Your server content off of the DeVore Technologies Inc. dedicated servers is Your responsibility.
DeVore Technologies Inc. will not transfer or FTP Your server content to another provider. In the
event Your use of the Dedicated Services is terminated, DeVore Technologies Inc. will not
transfer or manage Your Dedicated Services or Your server content.
3. Assisted Server
In the event You elect to purchase DeVore Technologies Inc. ’s Assisted Server service, the
follow terms and conditions shall apply to Your use of and DeVore Technologies Inc.'s obligations
in connection with providing the Assisted Server service (collectively, the “AS Services”). Subject
to the terms and conditions of this Agreement and each of DeVore Technologies Inc.'s policies
and procedures, DeVore Technologies Inc. shall use commercially reasonable efforts to attempt
to provide the AS Services on a twenty-four (24) hours a day, seven (7) days a week basis
throughout the term of this Agreement. You acknowledge and agree that from time to time the
AS Services may be inaccessible or inoperable for any reason, including, without limitation: (i)
equipment malfunctions; (ii) periodic maintenance procedures or repairs that DeVore
Technologies Inc. may undertake from time to time; or (iii) causes beyond the reasonable control
of DeVore Technologies Inc. or that are not reasonably foreseeable by DeVore Technologies Inc.,
including, without limitation, interruption or failure of telecommunication or digital transmission
links, hostile network attacks, network congestion or other failures. You acknowledge and agree
that DeVore Technologies Inc. has no control over the availability of the AS Services on a
continuous or uninterrupted basis.
DeVore Technologies Inc ’s Rights
DeVore Technologies Inc. explicitly reserves the right and sole discretion to: (i) modify its pricing,
if desired by DeVore Technologies Inc. ; (ii) establish limits and guidelines concerning the use of
the AS Services; (iii) terminate Your use of the AS Services for use of the AS Services to
unnecessarily or illegally harass DeVore Technologies Inc. or third parties, non-payment of fees
for the AS Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or
harass third parties, activities prohibited by the laws of the United States and/or foreign
territories in which You conduct business, activities designed to encourage unlawful behavior by
5. others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar,
obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in
the sole opinion of DeVore Technologies Inc., activities designed to impersonate the identity of a
third party, activities designed to harm minors in any way, and other activities whether lawful or
unlawful that DeVore Technologies Inc. determines, in its sole discretion, to be harmful to its
other customers, operations, or reputation; (iv) terminate Your use of the AS Services if Your use
of the AS Services may results in, results in, or is the subject of, legal action or threatened or
proposed legal action, against DeVore Technologies Inc. or any of its affiliates or partners,
without consideration for whether such legal action or threatened or proposed legal action is
eventually determined to be with or without merit; and (v) terminate Your use of the AS Services
at any time and for any reason if deemed reasonably necessary by DeVore Technologies Inc..
DeVore Technologies Inc. has no obligation to monitor Your use of the AS Services, but reserves
the right in its sole discretion to do so.
Charges for the AS Services
When DeVore Technologies Inc. determines that charges shall apply for Your use of the As
Services, DeVore Technologies Inc. shall charge You for Your use of the AS Services on a thirty
(30) minute incremental basis. Further, when DeVore Technologies Inc. determines that a fee will
be assessed for Your use of the AS Services, DeVore Technologies Inc. reserves the right to
charge any or all of the fees prior to the commencement of any work being performed.
Third-Party Software
Additionally, in the event You elect to install or seek assistance from DeVore Technologies Inc. in
connection with the installation of any third-party software, the following terms shall apply. You
represent and warrant that You have the right to use and install such third-party software and
that the third-party software does not and shall not infringe on the intellectual property rights of
any other person or entity. You agree to defend, indemnify and hold harmless DeVore
Technologies Inc. and its employees, officers and directors for, from and against any and all
claims brought against DeVore Technologies Inc. and its employees, officers and directors by a
third-party alleging that such software infringes (i) the third-party’s rights or (ii) a U.S. patent,
trademark, copyright or other intellectual property right, and shall pay all resulting costs,
damages, expenses and reasonable attorneys’ fees that a court awards and settlements made by
DeVore Technologies Inc. in connection with any such claims.
Limitation of Liability; Waiver and Release
The AS Services are being provided “AS IS” and DeVore Technologies Inc. expressly disclaims
any and all warranties, whether express or implied, including without limitation any implied
warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or
authorized by law. Without limitation of the foregoing, DeVore Technologies Inc. expressly does
not warrant that the AS Services will meet your requirements, function as intended, or that the
use of the AS Service will be uninterrupted or error free. In no event shall DeVore Technologies
Inc. be liable for any or all direct, indirect, incidental, special, exemplary or consequential
damages (including, but not limited to, procurement of substitute goods or services; loss of use,
data, or profits; or business interruption) however caused and on any theory of liability, whether
in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in
any way out of the use of the AS Service, even if DeVore Technologies Inc. is aware of or has
been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors,
successors and assigns, hereby fully release, remise, and forever discharge DeVore Technologies
6. Inc. and all affiliates of DeVore Technologies Inc., and all officers, agents, employees, and
representatives of DeVore Technologies Inc., and all of their heirs, personal representatives,
predecessors, successors and assigns, for, from and against any and all claims, liens, demands,
causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind
and character whatsoever, including, but not limited to, any action omission, misrepresentation
or other basis of liability founded either in tort or contract and the duties arising thereunder,
whether known or unknown, relating to or arising out of, or in any way connected with or
resulting from, the AS Services and Your acquisition and use thereof, including, but not limited
to, the provision of the AS Services by DeVore Technologies Inc. and its agents and employees.