Acceptable Use Policy

Division 19 reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Division 19 strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Division 19 customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are non-refundable.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by Division 19 due to restrictions violation, there will be no refund. Division 19 will only allow for the discount if cancellation is not the fault of the client, as determined by Division 19.
Resellers' refund will be debited $25 per month for virtual name servers installed on the account, should you opt to cancel before your billing cycle renews. Domain registration/setup fees are non-refundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Division 19 by fax, email, or mail for cancellation of services. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Division 19 reserves the right to change prices at any time.

NOTE: Division 19 charges a $25.00 fee for returned checks as well as charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars.

Account Cancellation:
You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please read these instructions. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Division 19 that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy:
You agree to use all Division 19 services and facilities at your own risk. Division 19 specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Division 19 be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Division 19 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Division 19, its agents, its customers, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Division 19 against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Division 19’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Division 19’s server.

Division 19 shall be the sole judge of what violates this Policy.

SPAM Policy:
Division 19 is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Division 19 network, by customers or any other users of the Division 19 network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Division 19 server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Division 19 email address or web site URL is prohibited. The use of Division 19 servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@division19.com.

Content Policy:
All services provided by Division 19 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. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Division 19 from any claims resulting from the use of the service which damages the subscriber or any other party. Division 19 will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Division 19 servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
Pirated software, Hacker programs or archives, Warez sites
Division 19 does not host sites of its competitors or web pages promoting sites of its competitors. Any illegal activity, spamming or hacking will result in your site being shut down and all your files deleted without warning. Division 19 will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy:
Division 19 may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups.

CGI Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Division 19 customers. You will be notified in 24 hours about offending cgi script.

Subhosting Policy:

Subhosting (hosting more than one web site with a single Division 19 user account) is generally not allowed on Division 19 servers. It is subject to Division 19 approval on case by case basis. We do, however, allow sub-domain accounts. For more information, please refer to our compare plans page.

Traffic Policy:

Division 19 allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Division 19 customers are discouraged from storing any files that cause excessive traffic on Division 19 servers. Please contact Division 19 Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Division 19 or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. We will not host web sites which contain adult material. You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Division 19, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Division 19 will attempt to recover the data from the most recent archive for a $50.00 fee.

Telephone Support:

Client agrees to use the Help Desk located at www.division19.com/support.html for technical support issues. Division 19 does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. Division 19 shall have sole authority to determine violations of this policy.

Uptime Guarantee:

If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly refund your hosting fees and cancel your account. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.

Contact Us:

Contact us at our Help Desk located at http://www.division19.com/support.html if your question was not answered in this Policy.