Terms and Conditions

SETTING UP ACCOUNT AND EMAIL
directemailserver will set up an account for client upon receipt of payment after directemailserver and payment partner(s) have screened and verified the order(s) in case of fraud. The client is responsible for providing directemailserver with a valid email address that is not @ that the client is seeking with directemailserver. directemailserver will save the given email address as primary contact information through which client will be notified in case of abusive issues, technological problems, and other circumstances. The client must ensure that the given contact information is up to date. The domain will terminate all services if the contact information given is found false. For dedicated server purchase transactions and other high-risk activities, directemailserver will require client to produce a government issued identification card and possibly, a scanned copy of the credit card used in the transaction. If the clients are unable to meet thedirectemailserver requirements, the said order will be cancelled.

TRANSFER SERVICES
directemailserver will help the client to move the client website to our server as courtesy and not as guarantee as per availability, possibility and time needed to complete the account transfer. Hosting companies use varied configurations and client’s prior hosting company may have incompatible or proprietary format, which may pose difficulties in the migration of account data. The domain’s transfer team will do its best to assist in the transfer but may not always be able to accomplish it. The domain offers free transfer service that is available for a month from the sign-up date. Transfers beyond the given period will entail a monetary charge.

FREE HOSTING NO BANNER ADS
The domain provides free hosting services if the clients meet certain requirements and thedirectemailserver will not put any kind of banner ads on your website. Upon provision of free hosting services, directemailserver will force a text on website footer section by mentioning directemailserver’s name.

FREE DOMAIN REGISTRATION
In the case of free domains, the applicability holds for new registration and not for domains, which can be transferred.
The free domain offer is valid only while ordering or the free domain can be claimed only for the first 30 days from the date of purchase for the hosting. After 30 days the free domain name will be considered as lapsed and a claim for the free domain name cannot be entertained. The free domain name that comes with the Unlimited C hosting plan, will only be free for the first year.

DOMAIN RENEWAL GRACE PERIOD
The Renew Grace Period will be revised from 30 to 16 days for all .COM, .NET, .ORG, .INFO and .BIZ domain names.

The following TLDs will be changed from 40 to 36 days for .NAME, .CO, .PRO, .MOBI, .US, .ME and .TV domain names. Additionally, keeping in line with partner requests, the Renew Grace Period for .IN domain names will be revised to 36 days from the current 15 days.

After the 16th/36th day from expiry (depending on TLD as listed above), the domain names will be in line for deletion by the system, and no modifications would be further possible unless restored.

The change to the 30 > 16 days (.COM, .NET, .ORG, .INFO and .BIZ) will take effect from 15th September 2013 and the change from 40 to 36 days (.NAME, .CO, .PRO, .MOBI, .US, .ME and .TV) will be with immediate effect as well as .IN.

Content
directemailserver services may only be used for lawful purposes, as per the laws of the State of Texas, the State of Florida, and the United States of America. According to directemailserver TOS, the client cannot hold the directemailserver responsible for claims resulting from use of directemailserver services. Users are prohibited from employing directemailserver services to infringe copyright or trademark, included unauthorized copying of books, music, photographs, and other copyrighted materials. Selling or offering of such fraudulent products will result in immediate termination of the client’s account. Accounts found to be violation copyright laws will be immediately disabled and removed. Repetition of such activities will result in suspension of account and its probable termination from directemailserver. Complaints regarding such activities may be emailed at [email protected] with details.

In case of violation of our Terms or Conditions, like hosting of adult, gambling or any illegal activities, www.directemailserver.net has a right to terminate the services and there will be no refund made for money back of 45 days, for any such cases.

Description of activities
We offer web hosting services for small businesses up to enterprises. We offer various hosting plans which includes: Unlimited, Reseller, VPS, SEO, Proxy, and Dedicated Servers. Whenever any personal information is collected, it is for the sole purpose of knowing that the customer, and for the ability to communicate with the customer to anything regarding their account, and it is never used for marketing purposes. Client information is initially collected when the customer creates an account, and thereafter, any further informationobtained is to maintain the client account, such as, transaction histories or other applicable situations.

KVC Hosting complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. KVC Hosting has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view KVC Hosting’s certification, please visit http://www.export.gov/safeharbor/.

SHARE WEB HOSTING ACCOUNTS AS BACKUP/STORAGE DEVICE
directemailserver does not allow the client to use a shared account as backup or storage device. Exceptions are only madefor one cPanel backup of the same account. Clients are discouraged from taking backups of account backups. Other materials that is found to be unacceptable on Shared and Reseller servers are: IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Top sites, IP Scanners, Image Hosting Scripts, Auto Surf/PTC/PPC sites, Mail Bombers and Spam Scripts, Brute force Programs/Scripts/Applications, Banner Ad Services, File Dump and Mirror Scripts, more than two commercial audio streaming, Escrow and Bank Debentures, High Yield Interest Programs and related Sites, Prime Bank Programs, Lottery Sites, Advertisement and Selling of controlled substance without having submitted proof of appropriate permit to directemailserver, Investment Sites, RPGs, MUDs, PPBGs, Hate/Racist/Harassment oriented sites, Hacker focused sites/archives and programs, Sites promoting illegal activities, Websites and forums that distribute or link to pirated/illegal/warez content, Fraudulent sites, Mailer Pro, etc.

directemailserver does not allow the client to use dedicated servers for activities of following types: IRC Scripts/Bots, IP Scanners, Escrow, IRCD (IRC servers), Pirated Software/Warez, Brute force Programs and Scripts or Applications, Mail Bombers and spam scripts, High Yield Interest Programs or related sites, Prime Bank Programs, Lottery Sites, Advertisement or selling of controlled substance without having submitted proof of appropriate permit to directemailserver, Investment Sites, Hate/Racist/Harassment oriented sites, Hacker focused sites/archives and programs, Sites promoting illegal activities, Websites and forums that distribute or link to pirated/illegal/warez content, Fraudulent sites, Mailer Pro, etc.

directemailserver services and related networks, devices, and equipment s are given strictly to customers authorized for such use. All directemailserver systems may be monitored to ensure better quality, management, protection against unauthorized access, verification of security procedures, operation security, and recommendation for future improvements in directemailserver Services. Monitoring will involve examination of information, which may be copied or recorded for authorized purposes. To use directemailserver services automatically refers to user’s consent of these monitoring procedures as required.

directemailserver reserves the right to authorize or deny the use of its services. Materials that directemailserver judges as threatening, illegal, obscene or a violation of its TOS will be disabled or taken off with or without notice.

Client’s failure to respond to emails sent by directemailserver Abuse Department within a period of 48 hours may lead to suspension or termination of authorized services. By using directemailserver services, client agrees to deal with abuse issues through trouble ticket email within given stipulated time period.

directemailserver strictly forbids anything that may cause potential harm to minors, including but not limited to child pornography or content perceived to be as such or related. Sites found hosting child pornography or linking to such contents will be suspended or terminated without notice.

Reselling is prohibited. If the site is found reselling, directemailserver will suspend the site and notify client to terminate account. All activities of such a site will be monitored and repetition of prohibited activities will result in termination of account.

Direct customer services may be terminated with or without notice.

directemailserver will not be responsible for providing backup services for accounts that exceeds more then 20GB in one cPanel accounts. The backup facility for account is valid only for accounts within the limit. For all accounts which need backup and have more then 20GB can subscribe to additional services which is offered as addon,
directemailserver is in no way be responsible for installing the third-party application in shared hosting. Any attempt to install and failure in an installation by the client cannot be taken as a reason for the refund.

Violations of TOS will be reported to appropriate law enforcement agency.

SPAM POLICY
Please refer to directemailserver SPAM POLICY

PAYMENT
The client must agree to appropriate payment for services given by directemailserver as per time period quoted on a recurring basis. The client must agree to notify directemailserver of cancellation of any or all services received and agrees to be billed for services received until then. Client must ensure that the payment information and the data is updated, and all invoices are paid on time. directemailserver may contact client if payments are not made on time and add a late fee. directemailserver may suspend the account if client does not respond with required payment within given time or until payment is made in full. directemailserver reserves the right to change monthly payment rates and other charges at any time. Accounts are eligible for suspension if the account is not current, meaning, if the invoice remains unpaid seven days after it’s due date the account will be suspended.

CONDUCT
The usage of abusive language or threats in any form towards the company would be considered as violation of TOS and can result in the account being terminated.

Free Backlinks for SEO HOSTING
All the free backlinks provided for SEO HOSTING is assigned by our Network and so the user/clients will not be able to choose which URL and which links will be placed. All the backlinks will have variation of PR0 – PR2 (It does not guarantee all PR1 or PR2), however all the links link back to you will have Google Cache. We do not accept links that contains Drugs, Adult and Gambling. Free Links will be provided within 1 – 4 days from the time it is requested

Money Back
We offer a 45 days money back to our clients. This is valid only for GENUINE cases and we only accept relevant causes/reasons, for your dissatisfaction with our money back. Setup fee or add on packages will NOT BE REFUNDED for any hosting plan. It is to be well noted that directemailserver reserves full rights to inquire about the website demanding money-back. All SEO HOSTING is non-refundable as also add-ons such as SSL, SSL installation or any other installations such as cPanel license, Softaculous license and RVSitebuilder license.
Money back is relevant for the first 45 days only. Full refund will be given, if money back is demanded within 15 days. After 15 days, there will be a deduction of $10 + charges in accordance to usage. However, this guarantee willbe considered invalid if customer harasses or poses unnecessary problems for the company in fulfilling the money return. Relevant cases will always be qualified for refund and we will not adopt unethical procedures with our clients.

The money back will not be valid for following cases:
Spam and virus-related websites: If the websitecontainspam and malware content, which are unacceptable to many other websites.
Phishing related websites: Phishing is a criminally fraudulent process of trying to obtain secret information, like username, password and credit card details by masquerading as a trustworthy entity in an electronic communication. It is an entirely illegal activity.
Fake information by website owner, at the start of hosting services/signup: We will gauge information related to website owner and confirm it with the status given to us prior to getting the hosting plan. In case the information does not match, no refund case will be made.
Violation of Digital Millennium Copyright Act (DMCA): DMCA gives the laws regarding the usage of copyrighted materials on Internet. Web hosting customers need to follow the requirements of DMCA. Customers who are subjects of DMCA notification may be subjected to account termination and will be ineligible for money back.
For add-ons such as SSL, SSL installation or any other installations such as cPanel license, Softaculous license and RVSitebuilder license.
Adult content and Child pornography: TheDomaindo not support any kind of adult or child pornography material. If we received no notification about the pornographic content prior to client signing up for hosting services, we reserve the right to terminate the account with no money back.
Downtime issues: In case of downtime issues, on account of migration of server, for betterment of hosting services of the websites, the money back does not hold for 99.9% uptime assurance. Clients will be informed prior to the time of such occurrences, and they will not be regular incidents. During migration, we handle issues with extreme care and consideration about the workings of our clients’ websites.
In case, the account is active and there is nothing wrong with the server or service issues or there is no valid reason for the refund, no refund will be made. We welcome genuine reasons and condemn fake issues.
The money back does not hold if web hosting plans were taken from promotional offers floated by directemailserver.net. Also, the offer plans or free offer options will be given within 24-48 hours of the activation of the first account.
SEO Hosting – IP assignment from different c classes
Activation of new account can take 12-24 hrs time frame due to verification process.

REFUNDS
The directemailserver offers refund if client request is made within 45 days of signing up for web hosting services. Client will be given a refund after deductions are made for the number of days directemailserver services have been used and the initial setup fee is charged for $9.99. All FREE Hosting packages are not eligible for Refunds/Cancellation (Free K Hosting, Free V Hosting, Free C Hosting) or any DEDICATED SERVERS.

directemailserver will not make refunds on any domain purchases on any type of TLD (Top Level directemailserver) such as: .com, .net, .org, .info, .tel and .name.

The directemailserver will not issue any refunds on IP address which have been purchased during the billing cycle, if there are cancellation during mid of billing cycle.
directemailserver will not make refunds on dedicated server services, administrative fees, installation fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts will be taken into consideration and refunds may be made on specific basis, as defined by current directemailserver policies. If accounts are found to have violated directemailserver Terms of Service, a refund will not be made to client. The refund is void in case of any illegal activity, spamming, fraud or any abusive measures. Please note that the refund process may take up to two weeks to be completed. If a refund is applicable in a situation, the refunded transaction will be applied to the card that was used in the charge. Credits are non-transferable. Once a credit has been issued, it is final.

Refunds are not applicable on matter of dislike of Rvsitebuilder/Softaculous.

UNLESS NOTIFYING US PRIOR TO A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR PRIME MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTIFYING YOU, UNLESS REQUIRED BY AN APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. PLEASE UNDERSTAND, YOU ARE NOT ENTITLED TO ANY REFUND IF YOU CANCEL YOUR MEMBERSHIP, AFTER YOUR MEMBERSHIP IS AUTOMATICALLY RENEWED.

In the event of the cancellation and if the customer has any active PayPal subscription, we are not responsible on the PayPal Subscription Cancellation. Customer will have to cancel their own subscription. If a customer has an active subscription after the cancellation – KVC will only refund up to 6 Months period.

CANCELLATION
Cancellation of directemailserver Services must be put in written format. TheDomain will review and confirm required information upon receipt of the notification and inform client of cancellation of account in writing, usually through email. Confirmation of such cancellation will entail a tracking number as reference to client request for verification purposes. If the client does not receive such an email or a confirmation within a day of submitting a request, client should take the initiative to contact Domainvia phone. directemailserver will confirm client’s identity, request for removal of files and emails in given account and document all related transactions and activities. These procedures are carried out to reduce the risk of mistakes, fraud/malicious requests and ensure the client’s awareness regarding removal of files, emails, and account data upon processing the cancellation request. directemailserver reserves the right to cancel client account at any time with or without notice. If you terminate your account, it will not cancel your subscription payment automatically.

TERMINATION OF ACCOUNT
Never logged-in into FTP
No updates of website
Never logged-in into client area

LATE PAYMENT ISSUES
An account will be suspended if three consecutive invoices are not paid, for any web hosting plan.
If the payment is still not made, after account suspension, the account will be terminated after 15 days.
Restoration of account will require an extra charge of $25.
directemailserver will not be held accountable for any data loss for an account that may result from account termination due to invoice not being cleared 15 days after the last invoice reminder

DOMAIN CANCELLATION/EXCHANGE POLICY
We do not offer any refund/exchange on domain registration. Once domain has been purchased, it is final.

CONDUCT
The usage of abusive language or threats in any form would be considered as violation of TOS.

BACKUPS AND LOSS OF DATA
Use of directemailserver services is at the client’s sole risk. directemailserver backup services are given as courtesy and webhost directemailserver will not be held responsible for data or files residing in client account. Client will bear full responsibility for such files and data transferred and will maintain appropriate backups for any such data stored on directemailserver servers.

UNMANAGED SERVICES
The directemailserver would not be responsible to install any application on unmanaged services like VPS Dedicated windows server hosting, The support would be only available to assist in restarting,rebooting services and installing,debugging,troubleshooting third party application is outside the scope of support in unmanaged VPS H and windows server hosting.

USE OF directemailserver RESOURCES
Users may not use 25% or more of given system resources for more than a minute and 30 seconds. Users are not allowed to run stand-alone, unattended server-side processes at any time on the server, including daemons. They are discouraged from running web spider or indexer on shared servers, software that interfaces with an IRC network, bit torrent application, tracker, or client. Users can link to legal torrents off-site but are not allowed to host or store them on directemailserver’s shared servers. Users are may not participate in file-sharing/peer-to-peer activities, run gaming servers, and CRON entries with intervals of less than 15 mins.

INODES
The directemailserver’s inode limits are as follows: Using over 250,000 inodes on shared accounts will incur a warning. If client does not amend, suspension of site will follow. If account exceeds 50,000 inode limit, it will be removed from our backup system automatically. Each file in the clients account uses up an inode. Sites that exceed inode limit slightly, will not be immediately sent a warning but if accounts consistently create problems due to use of excess inodes, the account will be flagged.

Regarding .za tld
.za TLD only accepts nameserver, which is the child of a parent domain. Any client who wants to host .za domain will have to buy 2 IP for the private nameservers.

BACKUP
Shared accounts that use over 20GB disk space will be removed from directemailserver’s offsite weekly backup. Exceptions will be made for databases that are continuing to be backed up. All received data will be mirrored to secondary drive to protect against data loss if a drive failure should occur. All Free K, V and C Hosting will not includeany daily backup.

UNLIMITED BANDWIDTH/SPACE
The directemailserver offers clients disk space, bandwidth, email and/or file transfer protocol (FTP) accounts. The details for each are defined according to the package services bought upon purchase. Sometimes, directemailserver will not have defined the amount of bandwidth or disk usage for client. This undefined status is referred to as ‘unlimited’ bandwidth or disk space. Client will not be allowed to use such unlimited bandwidth/space packages for backup/storage purposes. However, directemailserver services are designed for normal use and if the usage patterns and amount are not normal, client may risk suspension, discontinuation, or deletion of account. The directemailserver will define such user agreements upon purchase. The Client will be given a monthly bandwidth limit, which varies according to the host package purchased from directemailserver. If client’s account exceeds the allocated bandwidth limit, directemailserver reserves the right to suspend account until a following allocation is started or client purchases additional bandwidth, upgrades, or terminates account. Unused bandwidths do not roll over on a monthly basis.

PRICE CHANGES
directemailserver reserves the right to change the prices listed and has the right to increase or change amounts for resources given to plans at any time. Clients will be notified about changes that directly affect them.

FREE DOMAIN Termination Policy
Free directemailserver that come with our Hosting Package will be terminated along with Hosting Cancellation. Once the domain has been deleted, the owner will be eligible to register for it again once it is released to the public. We are not responsible for this termination once the hosting package has been cancelled (this will be involved on following packages: Unlimited C, VPS K/V/C, Reseller K/V/C, Business K/V/C, SEO K/V/C, or any other Package that come with FREE DOMAIN)

Migration
Migration can be done for free, only for one time. It will be done only at the first-time purchase of an account.
If migration is not done for the first time, it will be chargeable later. The charges for migration will be $25.

USER CONTENT
We do not edit or alter any content, web pages included, for clients; we only offer hosting. Clients are welcome to use any third-party software to edit their content, which they can and then upload to cPanel. We do not alter site’s content due to security purposes, as we like to keep client’s accounts private,safe and secure.

DISCLAIMER
directemailserver will not be held responsible for any damages that the client s businesses may suffer. directemailserver also makes no warranties of any type, expressed or implied for services provided. directemailserver disclaims all warranties, merchantability or fitness for specific purpose, including loss of data caused due to delays, wrong delivery, no deliveries, any and all service interruptions caused by directemailserver and its employees.

FREE DOMAIN NAME HOSTING
In case, the hosting is purchased from the free domain and for any reason, the account is cancelled or terminated for violation of TOS section; The domain will be cancelled and during that period, if there is a need to re-own or transfer the domain, the redemption will cost $40, which will be paid from the client to release the domain name.

DISCLOSURE TO LAW ENFORCEMENT
directemailserver reserves the right to disclose the subscriber information to law enforcement agencies without consent or notifying the subscriber if lawful request is made from such agencies. directemailserver will cooperate fully with such law enforcement agencies.

DCMA/Copyright Information
Procedure and notice for claiming copyright or intellectual property infringement

directemailserver.net requests users to respect others’ intellectual property rights. We emphasize the practice of such respect within our company also. If at any point we should receive complaints or information about infringement of intellectual proper or copyright of others, we may disable or terminate the user s account, depending on circumstances.

If the user believes that their work has been copied or used in ways that violent copyright infringement laws or intellectual property rights, please do not hesitate to contact directemailserver with the following:

  1. The person authorized to represent the owner of the copyright or intellectual property must submit a signature, whether electronic or physical
  2. The claim must describe the material which has been infringed upon
  3. Details about the site location of the material that has infringed
  4. Name, address (both email and physical), phone number of claimants
  5. Claimant’s statement that the complaint is being lodged with good faith that the item disputed is not authorized by the material’s copyright owner, agent, or law
  6. Claimant must make statement under penalty of perjury that the information given in Notice is accurate and that claimant holds ownership to the material’s copyright or intellectual property or is authorized to act on the owner’s behalf.