Agreement

This "SLA" is a "living document".  All customers agree to the fact that due to the nature of the Internet, slight changes to the SLA must be made from time to time to accommodate any change in the industry. 

 

The Provider agrees to provide, and Client agrees to receive, access to the DTS Computers, Inc. services according to the following terms and conditions:

1.  Client will use DTS Computers, Inc. services in a manner consistent with any and all applicable laws of the States of ARKANSAS, wASHINGTON and the US Federal Government.

2.  Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.

3.  THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE DTS Computers, Inc. SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

4.  Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use DTS Computers, Inc.'s services for any reason.  THIS INCLUDES LOST E-MAIL DUE TO INTERNET LATENCY OR OTHER OUTSIDE ISSUES.

5.  While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider servers.   This is ESPECIALLY TRUE FOR E-MAIL.  DTS Computers, Inc. CANNOT POSSIBLY RUN BACKUPS EVERY MINUTE FOR EVERY MAIL MESSAGE SENT TO AND FROM OUR SYSTEMS.   DTS Computers, Inc. ROUTINELY BACKUPS OUR MAIL SYSTEM SETTINGS, BUT IT IS NOT POSSIBLE TO BACKUP EVERY MESSAGE DUE TO THE MILLIONS OF EMAIL SENT PER HOUR IN OUR NETWORK.   DTS Computers, Inc. REQUIRES EVERY CUSTOMER TO DOWNLOAD THEIR MAIL AND BACKUP LOCALLY.   STORING MAIL ON OUR SERVERS IS DONE SO AT THE CUSTOMERS RISK.

6.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

7.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE DTS Computers, Inc. PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, ADULT ORIENTED, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE DTS Computers, Inc. ACCOUNT(S) OR HOST SERVER(S).  DTS Computers, Inc. RESERVES THE RIGHT TO NOT REFUND ANY FUNDS IF A CUSTOMER BREAKS THIS RULE.

NOTE ON VIRUSES:  Virus PROTECTION IS THE RESPONSIBILITY OF EVERY DTS Computers, Inc. CUSTOMER.   PROPER USE OF POPULAR COMMERCIAL ANTI-VIRUS SOLUTIONS IS HIGHLY RECOMMENDED FOR ALL CLIENT MACHINES ACCESSING THE DTS Computers, Inc. NETWORK.   ANY VIRUSES CONTRACTED THROUGH THE DTS Computers, Inc. NETWORK IS STILL THE RESPONSIBILITY OF THE CUSTOMER NOT DTS Computers, Inc..   

8.  Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.  DTS Computers, Inc. CANNOT AND WILL NOT SIGN NON-DISCLOSURES or LEGAL DOCUMENTS DUE TO THIS POLICY.   DTS Computers, Inc. IS ALSO NOT RESPONSIBLE FOR ANY SECURITY ISSUES THAT MAY ARISE FROM THE USE OF OUR SERVICES.   IT IS STRICTLY THE CUSTOMER'S RESPONSIBILITY TO PROTECT THEIR PRIVATE INFORMATION.   DTS Computers, Inc. IS ALSO OBLIGED TO PROVIDE THE US GOVERNMENT ANY ACCESS THEY SEE FIT DUE TO TIGHT SECURITY LAWS IN PLACE.   DTS Computers, Inc. COOPERATES 100% WITH THE US GOVERNMENT IF A CUSTOMER SITE REQUIRES AUDITING OF ANY KIND.   DTS Computers, Inc. ALSO CAN AUDIT ANY CUSTOMER SITE FOR ANY REASON IN ORDER TO PROTECT THE INTEGRITY OF THE DTS Computers, Inc. NETWORK.

9.  Use of distribution lists via unsolicited electronic mail or other mass electronic mailings or news group postings is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).

10. In the event it is necessary to refer any dispute to an attorney or resolve it in aNY court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.  

11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.    Client who rents any DTS Computers, Inc. IP addresses must immediately terminate the use of these IPs through third party companies (i.e. Domain registrars) if the client decide to terminate services with DTS Computers, Inc..  (CURRENTLY IP RENTAL IS NOT AVAILABLE BUT IP ADDRESSES ARE ASSIGNED TO HIGH END CUSTOMER SITES)   DTS Computers, Inc. is not responsible for clients using hard coded ip addresses within their business practices, web site scripting, or any other networking task if DTS Computers, Inc. warrants the need to change an ip of a server for any reason.   DTS Computers, Inc. CAN CHANGE A CUSTOMER IP WITHOUT NOTICE AT ANYTIME.

12 Client agrees that if client disputes any credit card charges, Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) without prior warning.   Client may also be billed the surcharges, materials, and wages involved in a credit dispute if client dispute is found unjustified.

 

13. Client agrees that if DTS Computers, Inc. decides to cancel an account for breaking any of our acceptable use policies, that they will NOT receive a full money back guarantee as well as ALL remaining funds and any setup fees.  Any balance left on the account is automatically forfeited.   If the client disagrees with this policy and wishes to dispute it for any reason, all legal resolutions and fees associated with a legal resolution are to be paid for in advance by the client in full for both the client and DTS Computers, Inc..

14. If Client is not satisfied with DTS Computers, Inc. services within the first 30 days of service, provider will refund the rental/service fees not including any applicable non-refundable set up charges.  Optional items, dedicated servers, Static IP ADDRESSES, Private Label Service, and any one time fees paid are excluded.

15. DTS Computers, Inc. IS NOT RESPONSIBLE FOR CUSTOMER ERRORS WHEN PROCESSING DOMAIN REGISTRATIONS ON THEIR BEHALF.   IF THE CUSTOMER IS USING A DIFFERENT REGISTRAR, THEY ARE 100% RESPONSIBLE FOR POINTING TO THEIR DOMAINS TO THE DTS Computers, Inc. NETWORK.  DTS Computers, Inc. PROVIDES ALL DNS INFORMATION WITHIN THE SIGN UP PROCESS.   ACCOUNT SETUP FEES DO NOT INCLUDE DOMAIN PROCESSING OF ANY KIND.   DTS Computers, Inc. WILL NOT SUPPORT HE USE OF THIRD PARTY DNS SERVERS AS WELL.   DTS Computers, Inc. RESERVES THE RIGHT TO CANCEL CLIENT ACCOUNTS IF THE USE OF THIRD PARTY DNS SERVERS ARE USED.   NO REFUNDS ARE GIVEN IF THAT SHOULD HAPPEN.

16. DTS Computers, Inc. HAS EXCLUSIVE RIGHT TO RECOMMEND A HIGHER OR DEDICATED SOLUTION IF A CUSTOMER SITE MEETS OR EXCEEDS THE CAPABILITIES OF A SHARED SERVER.   PERFORMANCE SETTINGS ON ALL SHARED ACCOUNTS ARE PRE-DEFINED TO ASSURE QUALITY OF SERVICE FOR ALL CUSTOMERS.  NO ONE CUSTOMER CAN EXPLOIT OR USE A SERVER OR THE DTS Computers, Inc. NETWORK FOR THEIR EXCLUSIVE USE.   IF A CUSTOMER STARTS TO USE ALL CPU AND MEMORY RESOURCES ALLOCATED TO THEIR ACCOUNT, DTS Computers, Inc. WILL RECOMMEND A HIGHER END SERVICE IF THAT SERVICE CAN PROVIDE BETTER PERFORMANCE FOR THEIR NEEDS.  IF THE HIGHEST END SHARED SERVICE IS NOT ADEQUATE, THAT CUSTOMER WILL POTENTIALLY REQUIRE A DEDICATED SOLUTION.   DTS Computers, Inc. IS A DEDICATED SERVICE PROVIDER (ONE SERVER PER ACCOUNT IS TYPICALLY A MUCH MORE HIGH END SERVICE).

17. DTS Computers, Inc.'s ONE TIME SETUP CHARGES OR RESTOCKING FEES ARE NON-REFUNDABLE.

18. Passwords are all kept with strict confidentiality in mind.   Customer passwords are kept securely on file for emergency purposes only.   Customers may reset their passwords for both mail and server access, however DTS Computers, Inc. can reset passwords at our own discretion if an issue REQUIRES staff access into an account.

19. DTS Computers, Inc. STANDARD SUPPORT PRACTICE: ALL SUPPORT REQUESTS ARE HANDLED MONDAY THROUGH FRIDAY DURING BUSINESS HOURS (PACIFIC STANDARD TIME).  ALL IN THE ORDER RECEIVED.    ISSUES THAT ARE CLEARLY NOTED AS URGENT ISSUES ON WEEKENDS AND HOLIDAYS ARE HANDLED VIA ON-CALL PERSONNEL 7X24.  A SERVICE FEE of NO LESS THAN $50/HOUR WILL APPLY AND BE BILLED TO THE CLIENT ACCOUNT THE SAME DAY.   OTHERWISE ISSUES WILL BE TAKEN CARE OF THE FIRST UPCOMING BUSINESS DAY.

20. DTS Computers, Inc. supports the use of cold fusion express only (ON WINDOWS SERVICES).  ANY REQUIREMENTS FOR ENTERPRISE GRADE Features ARE not supported.

21. A FEE SIMILAR TO WHAT IS CALLED A RESTOCKING FEE of $5 WILL APPLY IF A CUSTOMER CANCELS THEIR ACCOUNT WITHIN 30 DAYS.  THIS IS PART OF THE 30 DAY GUARANTEE AND IS TO COVER ONLY CREDIT CARD FEES TO REFUND YOUR MONEY.  THIS IS A STANDARD CHARGE BACK FEE CHARGED BY YOUR CREDIT CARD COMPANY.  IN ORDER TO FULLY QUALIFY FOR THE 30 DAY GUARANTEE,  A CUSTOMER DOMAIN MUST BE POINTING TO THE DTS Computers, Inc. NETWORK FOR THE ENTIRE PERIOD UP TO 30 DAYS. 

22. DTS Computers, Inc. DOES NOT PROVIDE WEB DESIGN, SCRIPTING, OR DATABASE CONSULTATION ASSISTANCE TO ANY DTS Computers, Inc. CUSTOMER.   DTS Computers, Inc. WILL REFER SUCH INQUIRIES TO TRUSTED PARTNERS OR OTHER RELATED COMPANIES.   DTS Computers, Inc. ALSO PROVIDES FREE ACCESS TO OUR COMMUNITY FORUMS WHERE CUSTOMERS CAN ASSIST OTHER CUSTOMERS TOO.  AS A DTS Computers, Inc. CUSTOMER, YOU UNDERSTAND THAT SCRIPTING OR DEBUGGING OF SCRIPTS IS AN EXPENSIVE OVERHEAD THAT DTS Computers, Inc. DOES NOT PROVIDE DUE TO OUR LOW PRICING.   IF A CUSTOMER INSISTS DTS Computers, Inc. DEBUGS A SCRIPT PROBLEM, WE RESERVE THE RIGHT TO CHARGE OUR STANDARD HOURLY RATE OF $50 PER HOUR.  NO GUARANTEES THAT OUR STAFF WILL SOLVE YOUR ISSUE(S).  HOWEVER WE COULD OUTSOURCE YOUR ISSUES IF WARRANTED.  FEES FOR THE OUTSOURCED PARTY IS THE RESPONSIBILITY OF THE CUSTOMER.

23. IMAP PRoTOCOL IS NOT SUPPORTED BY DTS Computers, Inc. DUE TO SEVERE SECURITY RISKS IT POSES ON OUR NETWORK.

24. IT IS DTS Computers, Inc.'S SOLE RESPONSIBILITY TO DETERMINE WHICH FIREWALL PORTS ARE TO BE OPEN OR REMAIN OPEN FOR ANY DTS Computers, Inc. SERVERS.  THIS INCLUDES DEDICATED SERVERS.  IF DTS Computers, Inc. DECIDES THAT A CUSTOMER REQUEST FOR A PARTICULAR PORT BE OPENED, HOWEVER DTS Computers, Inc. WARRANTS IT BE A SECURITY RISK, DTS Computers, Inc. WILL ALWAYS BE THE SOLE DECISION MAKING ENTITY WHEN IT COMES TO DTS Computers, Inc. NETWORK SECURITY.   DTS Computers, Inc. CUSTOMERS ARE WELCOME TO REQUEST PORTS BE OPENED, HOWEVER IT MUST BE JUSTIFIED WITH KNOWING THAT THERE IS A VERY HIGH CHANCE THAT IT WILL NOT BE APPROVED.

25. DTS Computers, Inc. DOES NOT REQUIRE ANY CUSTOMER TO ADVERTISE FOR DTS Computers, Inc..  ALTHOUGH CUSTOMERS ARE WELCOME TO DO SO.   NO BANNER OR POP ADS ARE REQUIRED TO BECOME A DTS Computers, Inc. Customer.  IN OTHER WORDS, A DTS Computers, Inc. CUSTOMER WEB SITE DOES NOT HAVE ANY ADVERTISING FOR DTS Computers, Inc. OR ANY OTHER COMPANY.