Terms of Service
By using the DAPROSE-SBD web site, ("SERVICE"), you agree to be bound by the following terms and conditions ("Terms of Service").
DAPROSE-SBD reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current service including the release of new tools and resources, shall be subject to this Terms of Service. The use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.daprose.com/sbd/termsofservice.asp
Payment, Refunds, Upgrading and Downgrading Terms
Modifications to the Service and Fees
Cancellation and Termination
Copyright and Content Ownership
All services provided by DAPROSE-SBD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. Some prohibited contents are (but not limited to) copyrighted material, material we judge to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DAPROSE-SBD and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Pre-designed art If you have ordered a page ad, submit your ad as a single file in *.JPG, *.BPM, or *.TIFF format, in black and white, or color, send via email to: support@DAPROSE-SBD If you choose that we design your art Scan and submit all relevant logotypes and documents pertaining the identification of your business, products and/or services in *.PDF, *.PPS, *.GIF, *.JPG, *.BPM, or *.TIFF formats, in black and white or color. Send all files via email to: support@DAPROSE-SBD Usually logotypes distort themselves when stretched or enlarged, if you have logos already made, please send them in as many sizes as possible, as this is important to us when designing your ad. Ad location (category) At DAPROSE-SBD discretion and considering your suggestion your ad will be placed at one location only, (one category), the first ad is first, the last ad is last. If there are no other ads in that category, yours will be the first. DAPROSE-SBD may and will incorporate an ad rotation policy at any time in order to provide a fair opportunity to all our advertisers. Ad design change Provided that you yourself produce your own ads, you can change your ad as many times as you like. After the initial post of your ad, there will be a symbolic flat fee of $49 per change to cover the cost of man-hours involved to make the change. If we are chosen to produce a new ad for you, you will also be billed an additional $199 for the new design. For the purpose of changing ads, a change to an ad is considered a new ad. Ad category change Although DAPROSE-SBD reserves the right to place your ad in a matching category, you can request a change of category as many times as you like. After the initial posting, there will be a symbolic flat fee of $49 per change to cover the cost of man-hours involved in changing categories. Ad cancellation and no refund policy Whether an ad cancelation is initiated by you or by DAPROSE-SBD, (due to a breach of policies, rules or regulations), or just by your own desire, there is no reimbursement of any fees paid to DAPROSE-SBD Pornography is prohibited This includes sites that include sexually explicit or hardcore images and/or advertising. We allow sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your ads. DAPROSE-SBD reserves the right to determine what is and what isn't acceptable for our servers. Any MP3 archives, downloads and streaming is strictly prohibited in any shape or form. DAPROSE-SBD will not allow users to store, offer downloads or streaming of copyrighted mp3s or those audio files violating copyright law. This would also apply to video files. Any ad found to be doing so will be removed immediately from our servers without notice and there will be refunds whatsoever, even if it is within the initial period covered under our money back guarantee. We do allow audio files that are not copyrighted, to be stored, downloaded or streamed from our servers. Promulgation of viruses Using your account or ads to store or distribute viruses is strictly prohibited. Any violation or activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action will be taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination without refund. Also prohibited are sites that promote any illegal activity or present content that may be damaging to DAPROSE-SBD servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software or serial numbers Hacker programs or archives Warez sites DAPROSE-SBD will be the sole arbiter as to what constitutes a violation of this provision. Ads or sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it. Transfer (Bandwidth) Each Web Hosting account (if you have chosen one) is allowed a certain amount of bandwidth (please see our hosting plans page to see the amount allowed for your plan). Should a client exceed it's limit, there maybe an excess charge over the allocated amount. It should be noted that we seldom had an instance where a client has been billed for extra transfers. Most of our clients don't even come close to their limit per month. Please let us know if you have any questions about this and we would be glad to assist you. Commercial Advertising - Email Since spamming is illegal in many states and countries we cannot afford to let spam mail pass through our servers under any circumstances. If you plan on using your account for unsolicited, bulk emailing, please stop right here and do not sign up for an account with us. Should we discover that (1) you are sending spam through our servers -Or- (2) sending spam that links to pages on our servers, your account will be immediately deleted without notice and no refund of any kind will be made. DAPROSE-SBD will be the sole arbiter as to what constitutes a violation of this provision. Background Running Programs Clients are not allowed to operate any background processes without prior approval from DAPROSE-SBD. We may allow other non-abusive programs to run continually in the background but these are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Note that any account found to be running background processes such as IRC bots, eggdrop, BitchX, port scanners, and so, will be suspended without prior notice. IRC IRC, IRC bots or IRC clients are strictly prohibited to be operated on our servers. Server Abuse Your account may not be used to interfere with or disrupt the service or servers or networks connected to DAPROSE-SBD, or disobey any requirements, procedures, policies or regulations of networks connected to DAPROSE-SBD . Any violation will result in immediate removal of the ad or web site from our servers without notice and refund of any fees paid in advance. Refusal of Service Depending on the severity, DAPROSE-SBD reserve the right to refuse, suspend or cancel service at our sole discretion if client violates any part of this Terms of Service. This is necessary in order to prevent further damage. DAPROSE-SBD will take all reasonable efforts to rectify the violation with the customer before canceling a customer account. Limitation of Liability DAPROSE-SBD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DAPROSE-SBD servers going off-line or being unavailable for any reason whatsoever. Furthermore, DAPROSE-SBD 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 the DAPROSE-SBD servers. All damages shall be limited to the immediate termination of service and the refund of the remaining unused amount paid in advance, if any. Reporting Abuse and Violations Violations of these Terms of Service should be reported to abuse@DAPROSE-SBD All complaints will be investigated promptly. Account Activation By signing up for any of the services offered by DAPROSE-SBD, client agrees to hold DAPROSE-SBD and any and all of its officers, directors, stockholders and employees, safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by DAPROSE-SBD. The transfer of a domain owned by a client to a server utilized by DAPROSE-SBD or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by DAPROSE-SBD by client regardless of whether or not client has paid for said services at any given time. Account Cancellations In order to maintain our low fees, they are calculated on a 1 year term bases or more. We have a no-refund policy. In case a dispute arises regarding an early termination of service, we will have to charge you separately the prorated monthly charge fee you applied for at a regular rate, plus the initial setup fee ($55) for starting your Web site, and again a setup fee ($55) for closing down your Web site before the due date. When you need to cancel an account, please email us at: support@DAPROSE-SBD and our billing representative will be in touch with you if it is applicable to your situation. If you would like to cancel your account before your Hosting Account is due for Renewal, please contact us at least 7 days prior to the date that you would like your account to be closed, or you may risk being automatically re-billed for the next billing term. DAPROSE-SBD will send you an email reminder one month prior to your hosting account renewal date. Should you decide to stay with DAPROSE-SBD or if you would like to cancel, please reply to our email and let us know at least 7 days prior to the renewal date. DAPROSE-SBD retains the right to change any or all of the above Policies, Guidelines, and Disclaimer from time to time as maybe required by law or as necessary in order to maintain the quality of service. Articles, e-News, Comments, and Suggestions Any messages or information you post becomes the sole property of DAPROSE-SBD site operator and may or may not be displayed, at the sole discretion of the site operator or any authorized editors. Your message may be edited, cut, added text, or improved to enhance your article appearance, to correct grammar mistakes, to fix misspellings, or to adhere to the objectives of this web site. The posting of copyrighted or illegal material is prohibited, you must obey all applicable local laws, including those of the server and site owner. You may not post information invasive of another's personal privacy rights, harassment, libelous, or information of a confidential or copyrighted nature. Most services are provided as a public service and your usage of this service may be terminated at any time by the site operator without prior notice. Information submitted to the system should not be considered confidential or private and may be revealed as part of normal system operations. No warranty of service is implied. If you have further questions, you must contact the site operator before continuing. By using this system you acknowledge that you understand and agree to these conditions.