System Uptime - “Deep Impact Designs” does its best to guarantee 99%+ system uptime. However, services may be temporarily disrupted for maintenance purposes.

Client Web Space & Usage – Client is allotted a fixed amount of disk space, and bandwidth per month. If a limit is exceeded, clients account most likely will not be suspended, instead a overuse charge has been put into place to encourage clients to pay attention to the resources they use.

• Disk Space Overuse – if clients allotted disk space is exceeded, client will be charged $1.00 per MegaByte each month, for as long as disk space is being overused. Excessive overuse may lead to account suspension.

• Bandwidth Overuse – if client exceeds allotted bandwidth, the client will be charged $1.00 per GigaByte. If client exceeds more that 2000GigaBytes per month on a regular basis, Client will be advised and will be given one month's notice to upgrade to a more suitable hosting environment. After client has been advised and one month has passed, if allotted bandwidth is exceeded, clients account will be suspended if no action has been taken by the client.

Streaming Media & Public File Archiving

• Using “Deep Impact Designs” servers to stream mass amounts of media runs up bandwidth and CPU usage to the point to where it can slow everyone else down. So we are unable to allow such activities on our servers.

• Using “Deep Impact Designs” servers to host a large number of files for download is not permitted. However, you may include files for download by visitors as long as it is not the primary purpose.

Security

• “Deep Impact Designs” makes sure clients information is kept safe by taking extensive security measures using encryption technologies. “Deep Impact Designs” systems are PCI Compliant so client can rest assured that their personal and financial information is safe. It is the clients responsibility to safe guard their account information:

  • DO NOT give out account information to any unauthorized persons.

  • Make sure that any time you are making an order or providing any information about your account, that the address bar shows “https://deepimpactdesigns.com” If the web address does not say this, please report web address to This e-mail address is being protected from spambots. You need JavaScript enabled to view it IMMEDIATELY.

  • “Deep Impact Designs” will not ask you for your password. Do not give out password to anyone. “Deep Impact Designs” will only ask you for your login ID and the answer to your security question for verification purposes.

• If client feels that their control panel or website has been hacked, it is advised to report this to technical support IMMDEDIATELY.

• “Deep Impact Designs” monitors its servers 24/7 to detect any malicious activity. “Deep Impact Designs” does its absolute best to keep our servers secure and our customers safe from any potential threat. However, it is the clients responsibility to follow the guidelines of this service agreement, Deep Impact Desings” is not responsible for damages caused by malicious code or hardware failure due to client not complying to this service agreement and client will be held liable.

• “Deep Impact Designs” performs a full server nightly backup, however, due to the fact that backups may fail, it is also the clients responsibility to perform regular backups with the tools that have been provided to them in their control panel. “Deep Impact Designs” is not responsible for any loss of data or profits due to client failing to perform regular backups.

• “Deep Impact Designs” reserves the right to reject mail to or passing through its servers for any reason. This includes blocking IP addresses.

• Since maintaining a high level of security, “Deep Impact Designs” reserves the right to refuse service to new and existing customers for any reason and to provide a refund based on the refund policy in this agreement.

Violations & Termination

• If any of these terms and conditions are violated, the violator's account will be suspended indefinitely without refund and your agreement with us will be terminated. We reserve the right to suspend your account with or without notice, NO EXCEPTIONS!

  • Adult sites and links to adult-oriented site is prohibited.

  • Sites that promote hatred, racism, or discrimination is prohibited and will lead to the immediate suspension of your account and the termination of this agreement.

  • Sites that promote illegal or fraudulent activiy will IMMEDIATELY be removed from our servers, and such activities will be reported to authorities along with providing any information regarding the identity of any account users involved in this violation.

  • E-mail abuse – using our servers to spam will not be tolerated.

  • Any use of system resources that disrupts the normal use of the system for other Deep Impact Designs Customers is considered to be abuse.

  • Storage of illegal/pirated software or media.

  • The use of any type of IRC bot.

  • Storage of software intended for hacking/cracking purposes.

Copyright Notices

• All copyrighted material account users upload to their web space must be either owned to them or have permission from the copyright holder. Using copyrighted material without the owners permission is considered illegal as provided by United States Federal Law and by International treaties.

Legal Agreement

• The customer is solely responsible for any legal liability arising out of, or relating to his/her web space at Deep Impact Designs. The Customer represents and warrants to Deep Impact Designs that is holds the necessary rights to permit the use of any of the materials on his/her website, and, that the use, reproduction, distribution, transmission, or display of any data to the public, and any material to which the public can link through or any products of services made available to the public through his/her web space, wil not:

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  • violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or

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  • contain any material that is: unlawful, harmful, fraudulent, threatning, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

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  • Customer agrees to indemnify and to hold "Deep Impact Designs", and any third party entities related to "Deep Impact Designs", harmless from and against any and all liability, loss, damages, claims, or causes of actain including reasonable legal fees and expenses arising out of or related to: The Customer's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.

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  • The Customer understands and agrees that hosting of the Customers' web site is at the sole discretion of "Deep Impact Designs". Deep Impact Designs may at its sole discretion discontinue web hosting services to any Customer operating a website  that Deep Impact Designs has deemed to be in violation of our Terms of Service Agreement.

• The Customer agrees to indemnify and hold Deep Impact Designs, subcontractors, Managers, and Employees harmless from any claims, including attorney's fees, resulting from the Customer receiving hosting services by Deep Impact Designs which cause direct or indirect damage to another party.

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  • To the maximum extent permitted by applicable law, in no event and under no legal theory shall "Deep Impact Designs be liable to the customer for any business loss, revenues decrease, expenses increase, costs of substitute products/services, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of the use of, or inability to use, any of Deep Impact Designs web hosting services, even if Deep Impact Designs has been advised of the possibility of such damages. In no event shall Deep Impact Designs liability exceed the monthly fee paid by the customer. This limitation of liability and risks is reflected in the price of the services we provide.

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  • Deep Impact Designs makes an honest effort to keep the information available to the public accurate. However, Deep Impact Designs can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and information available.

Client has the right to cancel services with “Deep Impact Designs” at any time:

• Web Host Billing:

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  • Monthly – Client will receive a refund for that month as long as they cancel within the first 15 days of the billing cycle period.

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  • Quarterly – Client will receive a refund for the month's that have not been used.

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  • Semi-Annual - Client will receive a refund for the month's that have not been used.

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  • Annual - Client will receive a refund for the month's that have not been used.

• One Time payment Services(Web Devlopment, Pay to download, Etc.):

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  • Upon completion of a service, the client has the choice to either make the payment, or give up their rights to the content that has been created by “Deep Impact Designs”. Upon payment, service is non-refundable.

• Please allow 5-7 business days to receive refund.