1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition DSHWW.com shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Our Price Freeze policy applies only to the base monthly hosting plan rates for existing customers. Our rates are subject to change at any time. Should unforeseen circumstances (cost hikes in our upstream providers, etc.) arise that would force us to seek to raise the base rates of these plans, Subscriber will be notified and given the choice to remain with the Company or seek another provider of services.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $20.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $20.00 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by DSHWW.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $350. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

a. Price Freeze Policy: We practice a policy of price freezing. This means that the customer stays permanently with the price and feature structures for which they signed up, and neither their monthly costs, nor their features can be changed, even when our prices go up/down or when we changed our account features. Customers are however allowed to upgrade to the next pricing level, that is, they can only upgrade to at least the next plan above their current plan and pricing structure. Normal setup fees will apply during such upgrades. Downgrades of plans and prices are not allowed. Price freeze policy applies only to the Web-Hosting Accounts themselves and to those fee-based addons and features that have already been ordered. The price of addons and features that are fee-based may change at any time and such new price will apply to all new customers and to all new orders by existing customers.

b. Account Renewal Policy: Accounts are automatically renewed on a per term basis, but each term must be pre-paid in advance. Our terms of service are: 1 months or 12 months. Longer terms can be negotiated. We must always have valid credit card information on record in order to facilitate the implementation of automatic rebilling of due accounts at renewal time. If you plan to cancel your account (not continue for the next term) you must warn us at least 12 days before your term is up. This time is critical to making sure your credit card/bank account is not charged for the next term.

5. Refund and Disputes: All payments to DSHWW.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DSHWW.com's sole discretion is a valid charge under the provisions of the TOS and /or TOS, you agree to pay DSHWW.com an "Administrative Fee" of not less than $50 and not more than $350.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

DSHWW.com may also consider cancellation submitted via the Trouble Ticket system in the members section of your DSHWW.com account. Please log into your account via the members section and submit your request for cancellation via the Trouble Ticket System. From there, you can request to have your virtual, reseller or server account cancelled no sooner than 60 days and no later than 30 days before the date at which you wish service to stop.

You must have all account information to cancel. Also, note that accounts can be cancelled only at the end of the term for which you signed up (quarterly, 6 months, 9 months or one year). For instance, if you signed up for an account on March 3, 2003 under a quarterly term, the end of your term is June 3, 2003. We must thus receive your cancellation notice by May 3, 2003 (30 days prior to the end of the term). Early cancellations do not give lieu to a refund of the part of the service that you did not use.

a. Account downgrades and upgrades: Downgrading of account to lower price-structure accounts is not permitted. Also, customers cannot cancel one account in order to sign-up for a cheaper account or to take advantage of changes in our plan and package configurations. Customers can only upgrade to accounts with a higher price structure.

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by DSHWW.com on behalf of the account holder a handling fee (domain registration fee) will be incurred.

10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to DSHWW.com may require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by DSHWW.com on behalf of the account holder a handling fee (domain transfer fee) will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned and no refund will be issued.

11. Support Boundaries: DSHWW.com, provides technical support to our subscribers only (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: DSHWW.com provides support related to your server or virtual site physical functioning. DSHWW.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. DSHWW.com does not provide technical support for YOUR customers. We encourage you to use our Trouble Ticket system for assistance. The Trouble Ticket system is accessible from your account Control Panel and/or Billing area. If you are able to get online and have other questions, the answers may be on our FAQ page- we encourage you to check there first. Lastly, the Help files in the program you are using and the makers of any such program may have the answer to your question so please do investigate these resources before contacting DSHWW.com tech support. We may offer limited help on CGI or html at our sole discretion, and only for generic usage issues.

12. SPAM and Unsolicited Commercial Email (UCE): DSHWW.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of DSHWW.com may not use or permit others to use our network to transact in UCE. Customers of DSHWW.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violation of DSHWW.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DSHWW.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, DSHWW.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DSHWW.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, DSHWW.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DSHWW.com will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $100 per hour that DSHWW.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account or any other account related in some ways with our network and services.

c. As our Customers are ultimately responsible for the actions of their clients over the DSHWW.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Our customers will be liable and held responsible for the actions of their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. IN any case of violation, the penalty fees stipulated above will be applied.

13. Network

a. IP Address Ownership: If DSHWW.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to DSHWW.com, and Customer shall have no right to use that Internet Protocol address except as permitted by DSHWW.com in its sole discretion in connection with the Services, during the term of this Agreement. DSHWW.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by DSHWW.com, and DSHWW.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that our customers with servers MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). DSHWW.com will monitor Customer's bandwidth and disk usage. DSHWW.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in DSHWW.com's sole and absolute discretion. If DSHWW.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, DSHWW.com will temporarly suspend the account, allowing the customer to purchase more bandwidth for the site to be re-activated, or to wait until the next bandwidth cycle begins.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the DSHWW.com Network. Violations of system or network security may result in civil or criminal liability. DSHWW.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

§ Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

§ Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

§ Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

§ Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

§ Taking any action in order to obtain services to which such User is not entitled.

1. Notification of Violation:

a. DSHWW.com is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

b. First violation: Any User, which DSHWW.com determines to have violated any element of this TOS, shall receive an email, warning them of the violation. The service may be subject at DSHWW.com's discretion to violation fee and/or a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that DSHWW.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice, including any applicable violation fees.

d. We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

2. Suspension of Service or Cancellation: DSHWW.com reserves the right to suspend network access to any customer if in the judgment of DSHWW.com network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which DSHWW.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

3. DSHWW.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of DSHWW.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

4. Indemnification: DSHWW.com wishes to emphasize that in agreeing to the DSHWW.com Terms of Service (ToS), customer indemnifies DSHWW.com for any violation of the Terms of Service (ToS) that results in loss to DSHWW.com or the bringing of any claim against DSHWW.com by any third-party. This means that if DSHWW.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against DSHWW.com, plus all costs and attorney's fees.

5. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. DSHWW.com takes no responsibility for any material input by others and not posted to the DSHWW.com Network by DSHWW.com. DSHWW.com is not responsible for the content of any other websites linked to the DSHWW.com Network; links are provided as Internet navigation tools only. DSHWW.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d. DSHWW.com is not responsible for any damages your business may suffer. DSHWW.com does not make implied or written warranties for any of our services. DSHWW.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DSHWW.com.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as DSHWW.com's customer, are solely responsible for the content stored on and served by your DSHWW.com server or virtual account(s).