General Terms of Service

ARCHIVED 2019-08-05, DATE APPROXIMATE · VERSION 20190805_rev01 · COMPARED WITH 20190602_rev01

Full text changes — 20190602_rev01 to 20190805_rev01

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	1	[← Back to Legal Overview](https://www.dreamhost.com/legal/)
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3	3	## General Terms of Service
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5	5	#### Last Updated:
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7		April 22, 2019
	7	July 18, 2019
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9	9	Whereas, DreamHost Web Hosting is an information provider connected to the Internet DreamHost Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
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11	11	Whereas, Customer seeks to utilize DreamHost Web Hosting's server for its own purposes;
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13	13	Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, DreamHost Web Hosting can make no guarantee that any given reader shall be able to access DreamHost Web Hosting's server at any given time.
22	22	2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
23	23	3. If the customer wishes to cancel DreamHost shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
24	24	4. Services provided by 3rd parties and DreamHost partners are not part of the 97-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
25	25	5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to DreamHost from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that DreamHost may use other payment methods linked to the customer's bank account (such as new credit card credentials from your card issuer). After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
26	26	6. "97-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
27	27	7. Violations of DreamHost's Terms of Service, Acceptable Use Policy, or Spam Policy may, at DreamHost's discretion, result in immediate and permanent disablement without refund.
28		8. Disputed charges ("chargebacks") associated with any DreamHost account may, at DreamHost's discretion, result in immediate and permanent disablement.
	28	8. Disputed charges ("chargebacks") associated with any DreamHost account, at DreamHost's discretion, may result in immediate and potentially permanent disablement of services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.
29	29	9. DreamHost will use commercially reasonable efforts to make DreamObjects available 99.9% of the time during each monthly billing cycle. If DreamHost is unable to meet this service level, you will be eligible to receive a credit to apply to future DreamObjects billing cycles based upon the Unavailability for that month.
30	30	1. For the purposes of this agreement, Unavailability means that either (a) the DreamObjects service is unresponsive, or (b) DreamObjects returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
31	31	2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
32	32	3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
33	33	4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
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41	41	1. Customer will provide DreamHost Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of DreamHost Web Hosting. DreamHost Web Hosting shall make no effort to validate this information for content, correctness or usability.
42	42	2. Use of DreamHost Web Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
43	43	3. The following examples are offered:
44	44	1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
45	45	2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
46		4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of DreamHost Web Hosting to provide this knowledge or Customer Support outside of the defined service of DreamHost Web Hosting.
	46	4. The Customer agrees that they have the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of DreamHost Web Hosting to provide this knowledge or Customer Support outside of the defined service of DreamHost Web Hosting.
47	47	5. DreamHost Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
48	48	6. DreamHost Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
49	49	7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
50	50	8. DreamHost Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to DreamHost's customers, servers, or network.
51	51	9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by DreamHost is grounds for termination of all services.
52	52	10. DreamHost Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. DreamHost Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of DreamHost Web Hosting is at the Customer's own risk, and DreamHost Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with DreamHost's services represents the maximum achievable speed. DreamHost does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). DreamHost Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
84	84	1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
85	85	2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
86	86	9. DreamHost is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. DreamHost reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of DreamHost's network.
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88	88	#### Age
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90		1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
	90	1. The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
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92	92	#### Termination
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94	94	1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. DreamHost Web Hosting will accept termination by electronic mail. Notwithstanding the above, DreamHost Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. DreamHost Web Hosting reserves the right to charge a reinstatement fee.
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96	96	#### Limited Liability
126	126	3. [Unlimited Policy](https://www.dreamhost.com/legal/unlimited-policy/)
127	127	4. [Privacy Policy](https://www.dreamhost.com/legal/privacy-policy/)
128	128	5. [Customer EU Data Processing Addendum](https://www.dreamhost.com/legal/customer-eu-data-processing-addendum/)
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130	130	Customer also agrees to abide by all applicable Terms set forth by all DreamHost partners and subsidiaries.
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	132	#### Partner Product Terms
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	134	BoldGrid: By utilizing WP Website Builder you agree to BoldGrid's Terms \[[here](https://www.boldgrid.com/terms-of-service/)\].
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132	136	#### Contract Revisions
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134	138	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.
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136	140	#### Transfer
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