We do not host any adult site, sites with any nudity, no profanity/curse words, gambling or casino sites.  We reserve the right to to cancel hosting for any site we deem inappropriate without notice or cause.  If we do not think the site is appropriate for a child to see, we will remove your site from the server.  If you don't like this policy, then we are not the host for you. We also reserve the right to cancel any account that installs a troublesome program on the sever, and account that is involved in mass emailing or spam.

By signing up for web hosting with us, you are agreeing to abide all the terms and acceptable usage policy (AUP) as outlined on this page. .  Subject to change without notice.

Terms of Service (ToS)

IMPORTANT NOTICE: *All Payments To Dayspringhosting.com are Non-Refundable*  Dayspringhosting.com ("The Company" or "Dayspringhosting.com") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Dayspringhosting.com Service constitutes acceptance and agreement to Dayspringhosting.com's AUP as well as Dayspringhosting.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Dayspringhosting.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of SC.

Note: Pornography and sex-related merchants at Dayspringhosting.com are prohibited on any Dayspringhosting.com server. This includes but is not limited to sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Dayspringhosting.com servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!


Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may Dayspringhosting.comclose 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 Dayspringhosting.com shall have the right to terminate all service set forth in this Agreement.


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.


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. The above applies to all accounts and services provided by Dayspringhosting.com.


Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by Dayspringhosting.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 $20 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.


Refund and disputes: All payments to Dayspringhosting.com are nonrefundable. This includes any setup fee's and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occured. If you dispute a charge to your credit card issuer that, in Dayspringhosting.com's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Dayspringhosting.com an "Administrative Fee" of not less than $20 and not more than $150.


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.

Account Cancellation: Request for termination of user accounts can be made through the Dayspringhosting.com's email address. Or by canceling you payment subscription at Paypal.com  Termination requests received will take effect immediately.  No prorated refunds are granted. 

New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, Dayspringhosting.com staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.



Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Dayspringhosting.com will 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.


Support Boundaries: Dayspringhosting.com provides email technical support to our subscribers (except for few holidays and short company meetings) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Dayspringhosting.com provides support related to your services or virtual site physical functioning. Dayspringhosting.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Dayspringhosting.com does not provide technical support for YOUR customers, if you resell your account.


SPAM and Unsolicited Commercial Email (UCE): Dayspringhosting.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 Dayspringhosting.com may not use or permit others to use our network to transact in UCE. Customers of Dayspringhosting.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.


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


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 $175 per hour that Dayspringhosting.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.


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 services immediately Dayspringhosting.comabled. The services will not be enabled 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.


Network

IP Address Ownership: If Dayspringhosting.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Dayspringhosting.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Dayspringhosting.com in its sole Dayspringhosting.comcretion in connection with the Services, during the term of this Agreement. Dayspringhosting.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Dayspringhosting.com, and Dayspringhosting.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.


IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of Dayspringhosting.com.


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"). Dayspringhosting.com will monitor Customer's bandwidth and disk usage. Dayspringhosting.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 Dayspringhosting.com's sole and absolute discretion.   If we take 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, Dayspringhosting.com may, at its sole discretion , collect a deposit, in an amount determined by Dayspringhosting.com, against customer's credit card on file with Dayspringhosting.com.


System and Network Security: Users are prohibited from violating or attempting to violate the security of the Dayspringhosting.com Network. Violations of system or network security may result in civil or criminal liability. Dayspringhosting.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.

Notification of Violation:


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


First violation: Any User, which Dayspringhosting.com determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Dayspringhosting.com's Dayspringhosting.comcretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.



Second Violation: Users that Dayspringhosting.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.


Suspension of Service or Cancellation: Dayspringhosting.com reserves the right to suspend network access to any customer if in the judgment of the Dayspringhosting.com network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Dayspringhosting.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 account was suspended. The customer will also not be credited for any fees if their account has been terminated.


Dayspringhosting.com reserves the right to amend its policies at any time. All resellers of Dayspringhosting.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.



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



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



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.



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.



Dayspringhosting.com takes no responsibility for any material input by others and not posted to the Dayspringhosting.com Network by Dayspringhosting.com. Dayspringhosting.com is not responsible for the content of any other websites linked to the Dayspringhosting.com Network; links are provided as Internet navigation tools only. Dayspringhosting.com Dayspringhosting.comclaims 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.



Dayspringhosting.com is not responsible for any damages your business may suffer. Dayspringhosting.com does not make implied or written warranties for any of our services. Dayspringhosting.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 including equipment failure.



Responsibility for Content: You, as Dayspringhosting.com's customer, are solely responsible for the content stored on and served by your account.

 

Acceptable Use Policy (AUP)

Dayspringhosting.com's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Dayspringhosting.com expects of them while using the service. All users of Dayspringhosting.com's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Dayspringhosting.com Service constitutes acceptance and agreement to Dayspringhosting.com's AUP as well as Dayspringhosting.com's TOS (Terms of Service)


IMPORTANT NOTICE: *All Payments To Dayspringhosting.com Are Non-Refundable*

Note: Pornography and sex-related merchants are prohibited on any Dayspringhosting.com server.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole Dayspringhosting.comcretion, may be illegal, may subject us to liability, or which may violate this AUP. Dayspringhosting.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Dayspringhosting.com account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Dayspringhosting.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Dayspringhosting.com's AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and Dayspringhosting.comcourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
Dayspringhosting.com intends to provide its customers access to everything the Internet has to offer. While Dayspringhosting.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Dayspringhosting.com and the Internet and cannot be permitted under the guise of free speech. The resources of the Dayspringhosting.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which Dayspringhosting.com determines, at its sole Dayspringhosting.comcretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Dayspringhosting.com account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@dathorn.com.

VIOLATIONS OF Dayspringhosting.com ACCEPTABLE USE POLICY
The following constitute violations of this AUP:


Illegal use: Dayspringhosting.com's services may not be used for illegal purposes, or in support of illegal activities. Dayspringhosting.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.



Harm to minors: Use of the Dayspringhosting.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.



Threats: Use of the Dayspringhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.



Harassment: Use of the Dayspringhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.



Fraudulent activity: Use of Dayspringhosting.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."



Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.



Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Dayspringhosting.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Dayspringhosting.com account.

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 account immediately Dayspringhosting.comabled. The account will not be enabled 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.



E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Dayspringhosting.com account.


E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Dayspringhosting.com service is in violation of this AUP.



Usenet SPAMing: Dayspringhosting.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.



Unauthorized access: Use of the Dayspringhosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Dayspringhosting.com's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Dayspringhosting.com account is subject to immediate termination.



Copyright or trademark infringement: Use of the Dayspringhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and Dayspringhosting.comtribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.



Collection of personal data: Use of the Dayspringhosting.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.



Network Dayspringhosting.comruptions and unfriendly activity: Use of the Dayspringhosting.com service for any activity which affects the ability of other people or systems to use Dayspringhosting.com Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or Dayspringhosting.comruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Dayspringhosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.



Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.



Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Dayspringhosting.comtribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.



Dayspringhosting.comtribution of Viruses: Intentional Dayspringhosting.comtributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.



Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Dayspringhosting.com services could result in suspension service.



Third Party Accountability: Dayspringhosting.com subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.


Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or Dayspringhosting.comtribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Dayspringhosting.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance


Dayspringhosting.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, Dayspringhosting.comk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Dayspringhosting.com systems or networks. Dayspringhosting.com reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF Dayspringhosting.com AUP

Dayspringhosting.com requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@dathorn.com.

If available, please provide the following information:


The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Dayspringhosting.com may take any one or more of the following actions in response to complaints:


Issue written or verbal warnings

Suspend the Member's newsgroup posting privileges

Suspend the Member's account

Terminate the Member's account

Bill the Member for administrative costs and/or reactivation charges

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY


Dayspringhosting.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).