Terms of Service & Acceptable Use - Dusk Hosting LLC
WEB HOSTING SERVICES AGREEMENT
This Web Hosting Services Agreement ("Agreement") is entered into by and between Dusk Hosting LLC, a Colorado limited liability company, ("Provider"), and Client, identified in the Service Order ("Client").
Effective Date: This Agreement shall become effective on the date the services begin or as otherwise specified in the Client's Service Order and shall remain in effect for the duration of the services provided.
CLIENT ACCEPTANCE
By creating an account, placing an order, or using the Provider's services, Client acknowledges that they have read, understood, and agreed to be bound by all terms and conditions set forth in this Agreement. Client's selection of the "I agree to the terms of service" checkbox during account setup or order placement constitutes a legally binding electronic signature and acceptance of this Agreement.
CHANGES TO TERMS OF SERVICE
Provider reserves the right to modify, update, or change this Agreement at any time, with or without prior notice to Client. Such changes shall become effective immediately upon posting the updated Agreement on Provider's website or otherwise making it available to Client. Continued use of the services after any such changes shall constitute Client's acceptance of the new terms.
SCOPE OF SERVICES
Provider agrees to provide the Client with web hosting services, which may include, but are not limited to: shared hosting, email hosting, domain management, DNS services, FTP access, and access to a Plesk control panel. The specific services provided are described in the Client's Service Order or invoice.
TERM AND TERMINATIONl
This Agreement begins on the Effective Date and continues on a month-to-month basis unless otherwise stated. Either party may terminate this Agreement at any time, and for any reason. Cancellations requested by the customer will be handled within a maximum of 30 business days of the request, and the customer is only liable for the current billing cycle unless otherwise specified in a separate contract.
BAD FAITH REGISTRATION
Provider reserves the right to refuse service, suspend, or terminate accounts that are created in bad faith. This includes, but is not limited to, accounts created for the purpose of trolling, harassment, wasting company resources, testing limits without intent to use the service legitimately, or otherwise engaging in behavior that is intended to inconvenience or disrupt the operations of the company.
Accounts reasonably determined to have been registered with no legitimate intent to use the services as advertised may be subject to immediate suspension or termination at the sole discretion of Provider. In such cases, no refund will be issued, regardless of time elapsed or service usage.
Such determination will be made based on a combination of usage patterns, communication, order details, and any other relevant indicators suggesting bad faith intent. Provider reserves the right to take this action without prior notice in order to protect the integrity of its services and operations.
PAYMENT
Client agrees to pay all fees as described in the Service Order. Non-payment within 14 days may result in service suspension or termination without further notice.
ACCEPTABLE USE
Client agrees not to use the services in accordance with the AUP Below.
BACKUPS AND DATA RESPONSIBILITY
While Provider may offer periodic backups, Client is solely responsible for maintaining their own backups. Provider makes no guarantees regarding the availability, frequency, or integrity of backup data.
SERVICE AVAILABILITY
Provider strives to maintain a minimum of 99% uptime for all hosted services, calculated on a monthly basis. This figure represents Provider's internal performance target and not a guaranteed service level. Due to the nature of shared systems, internet connectivity, third-party software dependencies, and unforeseeable events, Provider does not guarantee uninterrupted or error-free service. No service credits, refunds, or liability shall arise from failure to meet the uptime target, unless specifically agreed to in writing in a separate SLA addendum signed by both parties.
DISCLAIMER OF WARRANTIES
All services are provided "as is" and "as available." Provider makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Provider or its officers, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to lost profits, lost data, business interruption, or loss of goodwill, even if Provider has been advised of the possibility of such damages. In no event shall Provider's total liability exceed the amount paid by Client to Provider for one (1) month of services.
INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Provider from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of Client's use of the services, breach of this Agreement, or violation of any applicable laws.
SECURITY
Provider provides basic security measures in its services, however, the customer acknowledges that no security system is foolproof, and that the provider shall not be held liable in any capacity for any security incidents including malware, hacking, data loss, data exposure, or otherwise. Customers are STRONGLY advised to implement best security practices for however they so choose to use our services.
DOMAIN NAME REGISTRATIONS
Dusk Hosting LLC offers domain name registration services as a reseller of NameSilo, LLC. All domain registrations, renewals, and transfers are subject to the applicable terms and conditions of NameSilo, including but not limited to their Domain Registration Agreement, Dispute Policies (such as UDRP), and ICANN regulations.
Clients who register domains through Dusk Hosting LLC are granted access to manage their domains via our customer portal, which interfaces directly with NameSilo's domain management system. While we provide this portal as a convenience, Dusk Hosting LLC does not guarantee uninterrupted access, control, or availability of domain management features due to upstream provider dependencies.
It is solely the responsibility of the Client to ensure that:
• Accurate contact information is maintained for WHOIS records
• Domains are renewed before expiration
• All domain-related actions are compliant with applicable rules and policies
Dusk Hosting LLC is not liable for loss, suspension, transfer, or deletion of any domain name due to Client's failure to act, third-party actions, registrar decisions, policy enforcement, or technical issues beyond our control. Additionally, Dusk Hosting LLC disclaims any liability for damages arising from the registration or use of a domain name, including but not limited to trademark disputes, loss of business, or loss of access to associated services.
Use of our domain services constitutes agreement to all applicable third-party terms and a waiver of claims against Dusk Hosting LLC for any direct or indirect damages related to domain name services.
FORCE MAJEURE
Provider shall not be held responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to power outages, natural disasters, internet service interruptions, or third-party service failures.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions. Any disputes shall be resolved in the courts located in Colorado.
ENTIRE AGREEMENT
This Agreement, along with any applicable Service Orders or addenda, constitutes the entire agreement between the parties and supersedes all prior understandings.
MANAGED CLIENTS
Clients who are bound by other contracts by Dusk Hosting LLC, these contracts take precedent over these standard Terms of Service.
These terms of service are subject to change with or without notice. Continued use of services constitutes acceptance of these terms.
Acceptable Use
Acceptable Use Policy (AUP)
Dusk Hosting LLC
Introduction
This Acceptable Use Policy ("Policy") outlines prohibited activities and usage of services provided by Dusk Hosting LLC ("we," "us," or "our"). All customers ("you" or "your") must comply with this Policy to ensure the safety, security, and integrity of our services. By using our services, you agree to adhere to this Policy. Violation of this Policy may result in immediate action, including suspension or termination of your account, as defined below.
Prohibited Usage
You may not use our services for any illegal, harmful, or abusive purposes, including but not limited to the following:
1. Illegal Activities
• Any activity that violates any applicable laws, regulations, or treaties of the jurisdictions in which you reside, and any activity that violates and applicable laws, regulations, and treaties of the State of Colorado or the United States of America.
• Hosting, storing, or transmitting content that infringes on intellectual property rights, privacy rights, or any other legal rights of individuals or entities.
2. Offensive and Harmful Content
• Publishing, transmitting, or storing content that is unlawful, defamatory, harassing, abusive, threatening, or hateful.
• Using our services to facilitate or engage in fraud, scams, or deceptive practices.
3. Prohibited Content
Sexual or Pornographic Material:
• Hosting, storing, or linking to any sexual or pornographic content, including explicit images, videos, or other materials of a sexual nature.
• Promoting, linking to, or distributing materials or websites containing sexual or pornographic content.
Indecent Content:
• Hosting, storing, or linking to content that includes excessive violence, gore, or other graphic material that is offensive or disturbing.
• Content glorifying or promoting harm to individuals, animals, or groups, including but not limited to graphic depictions of injury, torture, or cruelty.
• Materials that incite or promote hate, violence, or extremism.
Furry-Related Content:
• Hosting, storing, or distributing content or media related to the "furry" community, including but not limited to anthropomorphic animal characters, forums, and media.
• Promoting, linking to, or distributing materials or websites containing content primarily focused around anthropomorphic animal characters, forums, and media.
4. Security Violations
• Engaging in any activity that disrupts or compromises the security, stability, or functionality of our services, networks, or other users.
• Engaging in any activity that disrupts or compromises the security, stability, or functionality of external services, networks, or their users.
• Attempting unauthorized access to accounts, servers, or networks.
5. Spamming and Misuse
• Sending unsolicited bulk emails or messages.
• Using services for phishing, spamming, or distributing malware or viruses.
This Acceptable Use Policy is subject to change with or without notice. Continued use of services constitutes acceptance of the Acceptable Use Policy.