WHEREAS, DreamHost is an information provider connected to the Internet "DreamHost Apps" offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize DreamHost's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, DreamHost can make no guarantee that any given reader shall be able to access Customer's DreamHost Apps server at any given time.

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

FINANCIAL ARRANGEMENTS

1. Customer shall not be required to submit recurring payments to DreamHost Web Hosting for access to the DreamHost Apps service, with the exceptions of
   1. optional recurring domain registrations
   2. optional upgrades to paid DreamHost Web Hosting.
2. If Customer upgrades to paid hosting, this Terms of Service shall be rendered null and the DreamHost Terms of Service, Anti-Spam Policy, Unlimited Policy, and Privacy Policy shall immediately take its place.
3. Violations of this Terms of Service may, at DreamHost's discretion, result in immediate and permanent disablement without refund of any fees paid.
4. Disputed charges ("chargebacks") associated with any DreamHost Apps account may, at DreamHost's discretion, result in immediate and permanent disablement.

DOMAIN REGISTRATION

1. When registering a domain, Customer agrees to abide by DreamHost's Domain Registration terms, available at http://dreamhost.com/register-agreement.html
2. When registering a domain, Customer agrees to abide by DreamHost's Universal Domain Name Dispute Resolution Policy, or UDRP, available at http://dreamhost.com/domains-udrp.html

TAXES

1. DreamHost shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or DreamHost's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

1. Customer will provide DreamHost with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of DreamHost. DreamHost shall make no effort to validate this information for content, correctness or usability.
2. Use of DreamHost's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
3. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of DreamHost Apps to provide this knowledge or Customer Support.
4. Customer agrees that DreamHost is under no obligation to provide technical support for DreamHost Apps - a free service. Customer may upgrade to paid web hosting to receive technical support.
5. DreamHost will exercise no control whatsoever over the content of the information passing through the network.
6. The customer agrees to make use of DreamHost servers primarily for the purpose of hosting a website. Data uploaded must be primarily for this purpose. DreamHost Apps servers are not intended as a data backup or archiving service. DreamHost reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion.
7. Customer agrees not to install web applications beyond that which is provided by DreamHost Apps.
8. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
9. The Customer agrees to hold only one (1) active account at any given time with DreamHost Apps. Signing up for multiple accounts is grounds for termination of all plans, including the first one, without warning.
10. DreamHost makes no warranties, guarantees, or representations of any kind, whether expressed or implied for the service it is providing. DreamHost also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of DreamHost Apps is at the Customer's own risk, and DreamHost specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. DreamHost expressly limits its damages to the Customer for any non-accessibility time or other down time to US$0.00
11. DreamHost specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", DreamHost may, at its option and at any time, reject this material, including but not limited to after it has been put on DreamHost Apps' Server. DreamHost agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of DreamHost. If the Customer fails to modify the material, as directed by DreamHost, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
12. All domain names registered through DreamHost Apps that are 'parked' or are otherwise not immediately associated with an application provided by DreamHost Apps may be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via DreamHost.com. The "Coming Soon" web page may be modified at any time by DreamHost without prior notice to Customer and may include such things as, without limitation, links to additional products and services offered by DreamHost.

TRADEMARKS & COPYRIGHTS

1. Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access DreamHost Apps.
2. DreamHost makes no representations, warranties or assurances that the Customer's equipment will be compatible with the DreamHost Apps service.

AGE

1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

1. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of DreamHost may not be used to impersonate another person or misrepresent authorization to act on behalf of others or DreamHost. All messages transmitted via DreamHost Apps should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either DreamHost Apps Servers or external computers and Denial Of Service attacks of any kind.

TERMINATION

1. DreamHost may terminate service under this contract at any time, without penalty, at DreamHost's discretion.

LIMITED LIABILITY

1. Customer expressly agrees that use of DreamHost Apps is at Customer's sole risk. Neither DreamHost Apps, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that DreamHost's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DreamHost Apps service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall DreamHost, its offices, agents or any one else involved in creating, producing or distributing the DreamHost Apps service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DreamHost Apps service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DreamHost's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on DreamHost's Apps service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

1. Customer may only use DreamHost Apps for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on DreamHost's Servers.
2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use DreamHost Apps for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at DreamHost Apps. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

PROHIBITED CONTENT

1. No Subscriber may utilize DreamHost Apps to provide, sell or offer to sell pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

INDEMNIFICATION

1. Customer agrees that it shall defend, indemnify, save and hold DreamHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against DreamHost, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DreamHost against Liabilities arising out of
   • any injury to person or property caused by any products sold or otherwise distributed in connection with DreamHost Apps services;
   • any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
   • copyright infringement;
   • any defective product which Customer sold via DreamHost Apps services.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of DreamHost.

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.