General Terms of Service
ARCHIVED 2014-12-02, DATE APPROXIMATE · VERSION 20141202_rev01 · COMPARED WITH 20140907_rev01
Full text changes — 20140907_rev01 to 20141202_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 61 | 61 | |
| 62 | 62 | 1. DreamHost guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein. |
| 63 | 63 | 2. Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in DreamHost systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer. |
| 64 | 64 | 3. Customer will receive DreamHost credit equal to the Customer's current hosting cost for 1 (one) of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer's next pre-paid hosting renewal fee. |
| 65 | 65 | 4. DreamHost's assessment of downtime begins when Customer opens a support ticket to report the problem. |
| 66 | 66 | |
| 67 | #### DreamHost Dedicated Server Stipulations | |
| 67 | #### DreamHost Dedicated Server and DreamCompute Stipulations | |
| 68 | 68 | |
| 69 | 69 | 1. Bandwidth pricing and measurement frequency is subject to change at DreamHost's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by DreamHost Web Hosting. |
| 70 | 70 | 2. DreamHost is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, DreamHost Web Hosting, or DreamHost's upstream providers. |
| 71 | 3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with DreamHost mid-way through the term. | |
| 71 | 3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with DreamHost mid-way through the term. DreamCompute services will be billed on a monthly basis. Any termination or upgrade of a pre-paid DreamCompute plan will result in a refund of the prorated value of the plan. | |
| 72 | 72 | 4. Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by DreamHost and shall incur an additional one-time labor fee of $100 as well as an increase to Customer's standard monthly rate. |
| 73 | 73 | 5. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by DreamHost and shall incur an additional one-time labor fee of $100 for each incident. |
| 74 | 74 | 6. DreamHost reserves the right to alter the dedicated server packages advertised on its website at its discretion. DreamHost is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change. |
| 75 | 75 | 7. For managed servers, DreamHost is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). DreamHost may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system). |
| 76 | 76 | 8. For unmanaged servers not using a "DreamCatcher" monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements: |
| 77 | 77 | 1. the kernel will be patched within 7 days of any announced security hole relating to the kernel |
| 111 | 111 | Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not - directly or indirectly - sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from DreamHost under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, DreamHost from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement. |
| 112 | 112 | |
| 113 | 113 | #### Other Agreements |
| 114 | 114 | |
| 115 | 115 | Customer agrees to abide by the terms set forth in this document as well as other DreamHost policy documents including, but not limited to: |
| 116 | 116 | |
| 117 | 1. Acceptable Use Policy | |
| 118 | 2. Anti-Spam Policy | |
| 119 | 3. Unlimited Policy | |
| 117 | 1. [Acceptable Use Policy](https://www.dreamhost.com/legal/acceptable-use-policy/) | |
| 118 | 2. [Anti-Spam Policy](https://www.dreamhost.com/legal/anti-spam-policy/) | |
| 119 | 3. [Unlimited Policy](https://www.dreamhost.com/legal/unlimited-policy/) | |
| 120 | 120 | |
| 121 | 121 | Customer also agrees to abide by all applicable Terms set forth by all DreamHost partners and subsidiaries. |
| 122 | 122 | |
| 123 | 123 | #### Contract Revisions |
| 124 | 124 | |
| 125 | 125 | Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements. |