Terms of Service

Content Restrictions

All products and services provided by DAPROSE (TheHoustonMall.com) are offered and 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 DAPROSE and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all DAPROSE servers:

This includes products, services or sites that include sexually explicit or hardcore images and/or advertising. We allow products or services and sites of an adult nature, but we do not allow pornography.  If you think our products, services or wewb site may violate our Terms Of Service, please let us know and ask us before signing up for an account so that we may determine if we can offer those products, services or web sites or not.  DAPROSE reserves the right to determine what is and what isn’t acceptable for our servers.

Any MP3/MP4/FLV/ audio or video archives, downloads, or audio or video streaming is strictly prohibited in any shape or form.

DAPROSE will not allow users to store, offer downloads or streaming of copyrighted mp3’s or those audio files violating copyright law. This would also apply to video files. Any site found to be doing so will be removed immediately from our servers without notice and refund, even if it is within the initial period covered under our money back guarantee. We do allow audio or video files that are not copyrighted to be stored, downloaded or streamed from our servers.

Promulgation of viruses

Using your account 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 products or services or sites that promote any illegal activity or present content that may be damaging to DAPROSE’s servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links are:

  • Pirated software or serial numbers
  • Hacker programs or archives
  • Warez sites

DAPROSE will be the sole arbiter as to what constitutes a violation of this provision. 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 account 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 circumstance.  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.  DAPROSE 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 DAPROSE. 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 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 DAPROSE, or disobey any requirements, procedures, policies or regulations of networks connected to DAPROSE Any violation will result in immediate removal of the site from our servers without notice and refund of any fees paid in advance.

Refusal of Service

Depending on the severity, DAPROSE 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. DAPROSE will take all reasonable efforts to rectify the violation with the customer before canceling a customer account.

Limitation of Liability

DAPROSE shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from DAPROSE servers going off-line or being unavailable for any reason whatsoever. Furthermore, DAPROSE 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 DAPROSE 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, according to our account canccelation policy.

Reporting Abuse and Violations

Violations of these Terms of Service should be reported to abuse@daprose.com  All complaints will be investigated promptly.


Technical Support

Due to our low pricing policy, we do not provide free technical support to anybody. Each case a customer needs technical support or help, we will bill you at the rate of $25 per hour. Two hours minimum and continous only. Time paid and not used will be lost forever without any refunds. Please use the technical support time wisely.

Account Activation

By signing up for any of the services offered by DAPROSE, client agrees to hold DAPROSE 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 DAPROSE. The transfer of a domain owned by a client to a server utilized by DAPROSE or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by DAPROSE 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. 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, $50/mo for hosting and $20/mo for postmaster services, plus the setup fee ($55) for starting your Web site and the setup fee for setting up your postmaster service($55) , and again a setup fee ($55) for closing down your Web site plus $55 for cancelling your Postmaster Services before the due date.

When you need to cancel an account forcefully, 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. Charges will be applied to each service yoou have subscribed.

DAPROSE will send you an email reminder one month prior to your hosting account renewal date. Should you decide to stay with DAPROSE 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.

DAPROSE 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.