Network Policy, Manchester, UK
Network Policies
The following document is the network policy for Dimension Four Network Solutions also known as the DF-Network. The DF-Network is a subsidary of Illuminati Gaming Ltd. T/AS Fresh Devs.
1. Ordering
Please read the following Terms Of Service agreement before proceeding,
then continue ordering. These policies to are designed to protect the best interests
of our customers as a whole. Dimension Four's policy is to act as a neutral
provider of access to the global Internet. We reserve the right to suspend or
cancel a customer's access to any or all services provided by us if it is decided
that the account has been inappropriately used. All services are intended for
the end user only and may not be subleased, sold or given to third parties.
Dimension Four is a web presence provider allowing Client's web site to be accessed
via Client's domain name (i.e. theirname.com) by anyone with access to a web
browser connected to the Internet. Dimension Four provides the disk space in
which the files composing Client's web site reside and a connection capable
of transmitting said files to End User. Said services are often referred to
as "Web Hosting."
Dimension Four only handle the registration process for Client's domain name
if specifically requested by the client. Dimension Four in no way holds any
responsibility for payment of fees required by InterNIC for Client's domain
name. Client agrees to pay all charges requested by InterNIC who will bill client
separately without any contact with Dimension Four.
2. Authorization of Charges
Client authorizes Dimension Four to charge credit card supplied by Client
per month. If Client requests additional services Client authorizes Dimension
Four to charge an additional price listed by Dimension Four.
If verification of Client's supplied credit card information fails requested
charge by Dimension Four for initial annual fees or for any of the annual fees
thereafter Dimension Four reserves the right to refuse, suspend, or cancel service
pending Dimension Four's receipt of valid credit card information from Client.
Client agrees to notify Dimension Four of any changes to Client's credit card
information.
3. Content Restrictions
All services provided by Dimension Four 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 local law is strictly prohibited.
This includes but is not limited to copyrighted or trademarked material and
material protected by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited on non-adult
servers. This includes sites that may infer sexual content; links to such adult
content elsewhere are also prohibited.
Sites that promote any illegal activity, such as Warez sites, are prohibited
on non-adult servers. Actual files, including but not limited to pirated software,
hacker programs, cracks, and MP3 files, are strictly prohibited from being stored
on any Dimension Four Host's servers.
Examples of unacceptable content include, but are not limited to the following:
Pirated software, Hacker programs or archives, illegal MP3 files or archives.
Dimension Four reserves the right to remove any material from Client's web space
that is deemed unacceptable by us.
No site may use more than 15% of the total server output at any given time.
Dimension Four reserves the right to terminate Client's account without refund
at our discretion if said material is discovered. Dimension Four is the sole
arbiter as to what constitutes a violation of the above provisions.
4. CGI Application Restrictions
The Client is allowed to freely install CGI applications; however, Dimension
Four reserves the right to disable any application that unreasonably effects
or interferes with normal server operations. Said situation is highly unlikely.
Client will not install Client's own chatroom of any kind, with out permission,
because they tend to be large "system hogs" and therefore fall into the category
described above. The chat room(s) provided with your Control Panel may
be used at all times.
5. Spam Policy
Dimension Four servers may not be the source, intermediary, or destination
address involved in the transmission of Spam, Spamware and other Spam Software,
flames, or mail bombs. Client's domain or IP may not be referenced as originator,
intermediary, or reply-to address in any of the above.
Dimension Four considers Spam to be any mass unsolicited message in the mediums
of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the
immediate deactivation of services without refund of any kind. Furthermore,
a fine of one-hundred (100) US dollars will be imposed for each spam policy
violation. Dimension Four is the sole arbiter as to what constitutes a violation
of the above provisions.
6. Server Abuse
Any attempt to undermine or cause harm to a Dimension Four server or another
Dimension Four Client is strictly prohibited.
Any attempt to undermine any Dimension Four web site or a web site of another
Dimension Four Client is strictly prohibited and may result in immediate termination
of services rendered by Dimension Four without refund. Dimension Four is the
sole arbiter as to what constitutes a violation of the above provisions.
A fine of two-hundred (200) USD may be implemented for intentional server abuse.
7. Indemnification
Client agrees that it will defend, indemnify, and hold harmless Dimension
Four from any and all demands, fines, liabilities, losses, costs, claims, and
expenses, including attorney's fees, asserted against Dimension Four, its employees,
officers, agents, and directors that may arise or result from any service provided
or performed, or agreed to be performed, or any product sold by Client, its
employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Dimension
Four against any liabilities, including but not limited to, those arising out
of (1) any injury to person or property caused by any product sold or service
rendered or otherwise distributed in connection with Dimension Four's servers;
(2) any material supplied by the Client infringing upon or allegedly infringing
upon the proprietary rights of a third party; (3) copyright infringement; and
(4) any defective products sold to the Client's customer from Dimension Four's
servers.
Dimension Four assumes no liability of the Client for failure to follow this
Agreement and any results caused by the acts, omissions or negligence of the
Client, sub-contractor or an agent of Client or an employee of any one to them,
including, but not limited to, claims of third parties arising out of or resulting
from or in connection with the Client's products, messages, programs, caller
contracts, promotions, advertising, infringement or any claim for libel or slander
or for violation of copyright, trademark or other intellectual property rights.
8. Disclaimer
Dimension Four will not be held responsible for any damages you or your business may suffer. Dimension Four makes no warranties of any kind, expressed or implied, for services rendered. Dimension Four disclaims any warranty or merchantability or fitness for a particular purpose. Dimension Four assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Dimension Four will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Dimension Four.
9. Term
The term of this Agreement will continue until a notice of cancellation by
Dimension Four or Client is given, or until terminated under other provisions
of this Agreement. Dimension Four reserves the right to terminate this Agreement
without cause upon notification to the Client. Dimension Four may further terminate
this Agreement immediately without notice at any time the Client breaches any
part of this Agreement, or if any program or facility used by Dimension Four
to implement this Agreement is disrupted or terminated for any reason.
CLIENT may request Dimension Four refunds money within 30 days after sign up
has taken place. CLIENT will be refunded the full amount they have paid. If
30 days have past CLIENT may cancel contract, however, CLIENT forfeits monies
paid to Dimension Four. CLIENT may cancel account with Dimension Four and be
removed from billing, thereby stopping all future charges.
These policies can be modified or changed at any time by DF-Network.com with
or with out prior notice to client. In most cases Dimension Four will inform
client of any major policy changes.
10. Presumption of Agreement
By signing up with Dimension Four, be it using Dimension Four's online sign up form or contacting in any way an employee, officer, agent, and director with request for Dimension Four to provide Client services, Client (1) authorizes Dimension Four to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
11. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Dimension Four will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
13. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.
Captions
The captions in this Agreement are for convenience only and will not be used
in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
Dimension Four may make amendments or modifications to this Agreement at any
time. Whenever practical, Dimension Four will notify Client of changes to this
Agreement.
Clients are responsible for frequently backing up their files on our system.
Dimension Four cannot be held responsible for the deletion of users' files,
whether intentional or unintentional.