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Content Restrictions
All services provided by
TheHoustonMall.com 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 City law is
prohibited. Some prohibited contents are (but not limited to)
copyrighted material, material we judge to be unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, or material protected by trade
secret and other statute. The subscriber agrees to indemnify and hold
harmless TheHoustonMall.com and its employees from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Pre-designed art
If you have
ordered a page ad, submit your
ad as a single file in *.JPG, *.BPM, or *.TIFF format, in black and white, or color, send via email to:
support@daprose.com
If you choose
that we design your art
Scan and
submit all relevant logotypes and documents pertaining the
identification of your business, products and/or services in
*.PDF, *.PPS, *.GIF, *.JPG, *.BPM, or *.TIFF formats, in black
and white or color. Send all files via email to:
support@daprose.com
Usually logotypes
distort themselves when stretched or enlarged, if you have logos
already made, please send them in as many sizes as possible, as
this is important to us when designing your ad.
Ad location
(category)
At
TheHoustonMall.com discretion and considering your suggestion
your ad will be placed at one location only, (one category), the
first ad is first, the last ad is last. If there are no other
ads in that category, yours will be the first.
TheHoustonMall.com may and will incorporate an ad rotation
policy at any time in order to provide a fair opportunity to all
our advertisers.
Ad design change
Provided that you
yourself produce your own ads, you can change your ad as many
times as you like. After the initial post of your ad, there will
be a symbolic flat fee of $49 per change to cover the cost of
man-hours involved to make the change. If we are chosen to produce a new ad for
you, you will also be billed an additional $199 for the new
design. For the purpose of changing ads, a change to an ad is
considered a new ad.
Ad category
change
Although
TheHoustonMall.com reserves the right to place your ad in a
matching category, you can request a change of category as many
times as you like. After the initial posting, there will be a
symbolic flat fee of $49 per change to cover the cost of
man-hours involved in changing categories.
Ad cancellation
and no refund policy
Whether an ad
cancelation is initiated by you or by TheHoustonMall.com, (due
to a breach of policies, rules or regulations), or just by your
own desire, there is no reimbursement of any fees paid to
TheHoustonMall.com
Pornography is prohibited
This
includes sites that include sexually explicit or hardcore images and/or
advertising. We allow sites of an adult nature, but we do not allow
pornographic sites. If you think your site may violate our Terms Of
Service, please ask us before signing up for an account so that we may
determine if we can host your ads. TheHoustonMall.com reserves
the right to determine what is and what isn't acceptable for our
servers.
Any MP3 archives, downloads
and streaming is strictly prohibited in any shape or form.
TheHoustonMall.com will not allow users to
store, offer downloads or streaming of copyrighted mp3s or those audio
files violating copyright law. This would also apply to video files. Any
ad found to be doing so will be removed immediately from our servers
without notice and there will be refunds whatsoever, even if it is within the initial period
covered under our money back guarantee. We
do allow audio files that are not copyrighted, to be stored,
downloaded or streamed from our servers.
Promulgation of viruses
Using
your account or ads to store or distribute viruses is strictly prohibited. Any
violation or activity, whether or not the intrusion results in the
corruption or loss of data, will be investigated and proper action will
be taken. The presence of any of these programs, whether or not run,
will result in action against the user including suspension or
termination without refund.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to TheHoustonMall.com servers or
any other server on the internet.
Links to
such materials are also prohibited. Examples of unacceptable content or
links:
TheHoustonMall.com will be the sole arbiter as
to what constitutes a violation of this provision. Ads or sites found to
contain (or contain links to) pirated software, hacking or hacker
programs will be shut down immediately and will not be allowed back on
the server. Any information or files on these servers will be deleted
shortly thereafter and you will never regain access to it.
Transfer (Bandwidth)
Each
Web Hosting
account (if you have chosen one) is allowed a certain amount of
bandwidth (please see our hosting plans page to see the amount allowed
for your plan). Should a client exceed it's limit, there maybe an excess
charge over the allocated amount. It should be noted that we seldom had
an instance where a client has been billed for extra transfers. Most of
our clients don't even come close to their limit per month. Please let
us know if you have any questions about this and we would be glad to
assist you.
Commercial Advertising - Email
Since spamming is illegal in many states and countries we cannot afford
to let spam mail pass through our servers under any circumstances. If
you plan on using your account for unsolicited, bulk emailing, please
stop right here and do not
sign up for an account with us. Should we discover that (1) you are
sending spam through our servers -Or- (2) sending spam that links to
pages on our servers, your account will be immediately deleted without
notice and no refund of any kind will be made. TheHoustonMall.com
will be the sole arbiter as to what constitutes a violation of this
provision.
Background Running Programs
Clients are not allowed
to operate any background processes without prior approval from
TheHoustonMall.com. We may allow other non-abusive programs to run
continually in the background but these are considered on a case-by-case
basis and an extra charge will be incurred based on system resources
used and operational maintenance needed. Note that any account found to
be running background processes such as IRC bots, eggdrop, BitchX, port
scanners, and so, will be suspended without prior notice.
IRC
IRC, IRC bots or IRC clients are strictly prohibited to be operated on
our servers.
Server
Abuse
Your account may not be used to interfere with or disrupt the service or
servers or networks connected to TheHoustonMall.com, or disobey any
requirements, procedures, policies or regulations of networks connected
to TheHoustonMall.com . Any violation will result in immediate removal of
the ad or web site from our servers without notice and refund of any fees paid in
advance.
Refusal of Service
Depending on the severity,
TheHoustonMall.com
reserve the right to refuse, suspend or cancel service at our sole
discretion if client violates any part of this Terms of Service. This is
necessary in order to prevent further damage. TheHoustonMall.com will
take all reasonable efforts to rectify the violation with the customer
before canceling a customer account.
Limitation of Liability
TheHoustonMall.com shall not be responsible
for any claimed damages, including incidental and consequential damages,
which may arise from TheHoustonMall.com
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, TheHoustonMall.com shall not be responsible for any
claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of
the
TheHoustonMall.com servers. All damages shall be limited to the
immediate termination of service and the refund of the remaining unused
amount paid in advance, if any.
Reporting Abuse and Violations
Violations of these Terms of Service should be reported to
abuse@daprose.com All
complaints will be investigated promptly.
Account Activation
By
signing up for any of the services offered by TheHoustonMall.com,
client agrees to hold TheHoustonMall.com and any and all of its
officers, directors, stockholders and employees, safe and harmless from
any and all actions, policies, negligent and criminal acts that may be
performed by client in connection with clients utilization of any and
all services provided by TheHoustonMall.com. The transfer of a
domain owned by a client to a server utilized by TheHoustonMall.com
or the use of our server so as to host a new domain shall constitute the
beginning of the use of services provided by TheHoustonMall.com
by client regardless of whether or not client has paid for said services
at any given time.
Account Cancellations
In
order to maintain our low fees, they are calculated on a 1 year term
bases or more. We have a no-refund policy. In case a dispute arises regarding an
early termination of service, we will have to charge you separately the
prorated monthly charge fee you applied for at a regular rate, plus the
initial setup fee ($55)
for starting your Web site, and again a setup fee ($55) for closing down
your Web site before the due date. When you need to cancel an account,
please email us at:
support@daprose.com
and our billing representative will be in touch with you if it is
applicable to your situation.
If you
would like to cancel your account before your Hosting Account is due for
Renewal, please contact us at least 7 days prior to the date that
you would like your account to be closed, or you may risk being
automatically re-billed for the next billing term.
TheHoustonMall.com will send you an email
reminder one month prior to your hosting account renewal date. Should
you decide to stay with TheHoustonMall.com
or if you would like to cancel, please reply to our email and let us
know at least 7 days prior to the renewal date.
TheHoustonMall.com retains the right to change any or all of the
above Policies, Guidelines, and Disclaimer from time to time as maybe
required by law or as necessary in order to maintain the quality of
service.
Articles, e-News, Comments, and Suggestions
Any
messages or information you post becomes the sole property of
TheHoustonMall.com site operator and may or may not be displayed, at the
sole discretion of the site operator or any authorized editors. Your
message may be edited, cut, added text, or improved to enhance your
article appearance, to correct grammar mistakes, to fix misspellings,
or to adhere to the objectives of this web site. The posting
of copyrighted or illegal material is prohibited, you must obey all
applicable local laws, including those of the server and site owner. You
may not post information invasive of another's personal privacy rights,
harassment, libelous, or information of a confidential or copyrighted
nature.
Most services are provided as a public service and your usage of this
service may be terminated at any time by the site operator without prior
notice. Information submitted to the system should not be considered
confidential or private and may be revealed as part of normal system
operations. No warranty of service is implied.
If you have further questions, you must contact the site operator before
continuing. By using this system you acknowledge that you understand and
agree to these conditions.
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Terms of Service
