TERMS OF USE

  • NO PORNOGRAPHIC
    OR "ADULT" CONTENT SITES
  • NO HATE SITES
  • NO "SPAMMING"
Policies & Guidelines


Content
All Content Must Be Utilized By The Website.
DOMAIN MANAGEMENT SERVICES IS NOT A DIGITAL DATA SECURE STORAGE FACILITY.
All services 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damage the subscriber or any other party. This is also applicable to sites that promote any illegal activity or content which may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk e-mail services is not allowed. Examples of non-acceptable content or links:
  • Pirated software
  • Hackers' programs or archives
  • Warez Sites
  • Irc Bots
  • Mp3
We will be the sole arbiter as to what constitutes a violation of this provision.

Webmail
On 4 May 2002, Domain Management Services began providing Webmail by OpenWebMail. Webmail is for convenience and should be used to facilitate the delivery of email to Our Customers Only.
DOMAIN MANAGEMENT SERVICES IS NOT A DIGITAL DATA SECURE STORAGE FACILITY.
DOWNLOAD & BACK UP YOUR EMAIL.

Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigabytes/month of free traffic:
  • Subhosting- any domain housing additional users
  • Shareware, sound, video, image, and multimedia archives
  • Mirror sites
  • Distribution points
  • Any site whose primary purpose is file distribution
CGI Scripts
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 affects normal server operation.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to consume large amounts of system resources and we cannot allow it as an account option. We do Allow Java chat rooms that will more than fill your needs and run without hindering the performance of the server for others.

Background Running Programs
We will allow some programs to run continuously in the background. These are considered on an individual basis, and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC Bots to be operated on our servers.

Commercial Advertising- E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of "spam", "flames", or "mail bombs". Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Finally, we reserve the right to determine what violates this policy. Any violation will result in immediate deactivation of services without refund.

Server Abuse
Any attempt to undermine or cause harm to a server is strictly prohibited.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Domain Management Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Domain Management Services, 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 Domain Management Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DomainManagementServices.com server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.

Disclaimer
Domain Management Services will not be responsible for any damages your business may suffer. Domain Management Services makes no warranties of any kind, expressed or implied for services we provide. Domain Management Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Domain Management Services and its employees. Domain Management Services reserves the right to change or update policies without notice.

If any terms or conditions are failed to be followed, it will result in grounds for immediate account deactivation.
Any Site That Does NOT Have a Domain Management Services listed as Host with a Registry Services Will Be Deleted From The Server.

DO NOT use the Domain Management Services WebSite for "Mission Critical" or "Content Sensitive" applications and/or purposes. For the purpose of this section "Mission Critical" WebSites and purposes shall mean applications and use that may result in direct damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Domain Management Services DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH COMMUNICATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR COMMUNICATIONS AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, FOR PROFANITY, INSULTS, ABUSE, SEXUAL SUGGESTIVE COMMENTS TO MINORS, SEXUAL OR OTHER HARRASSMENT).
Domain Management Services MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF SUCH CONTENT FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.

Without limitations to the generality of the aforesaid, due to the nature of internet, computers, data flow, and other technical and economical practicalities, data on computers and on the internet is secured only up to a certain level, and may be subject to eavesdropping, sniffing, through imposing, breaking passwords etc. , or reach an erroneous address or recipient. Domain Management Services is no different than other WebSites in this respect. Therefore, NEVER send any content-sensitive material to Domain Management Services.

YOU UNDERTAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY AND PRIVACY LAWS.

All title and intellectual property rights in and to the content which may be accessed through the site is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content.

Domain Management Services do not warrant or guarantee 1) that any program or information on this Site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the functions or services performed by Domain Management Services will be uninterrupted or error-free or that defects in the Domain Management Services program and the Domain Management Services Band & Bar Listings will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.

Domain Management Services reserves the right and the sole discretion to (A) make improvements and/or changes in any service described in this publication, (B) cease to provide any service and or software described in this publication to all users or any number thereof at any time without warning (C) refrain from publishing on this Site and delete from this Site any information or material provided for display or placed on the message board originating from any user.

Domain Management Services is not responsible for any information, including without limitation, website material, users' postings submitted on or through the Domain Management Services Website or residing on the Domain Management Services' website. Domain Management Services may erase, remove, delete or alter such information without prior notice, for functional or any other reason.

Please note, any information or suggestions submitted to Domain Management Services concerning Domain Management Services, the Domain Management Services software or Website are provided voluntarily, and Domain Management Services is free to use such suggestions or information in any manner it deems appropriate. Therefore, do not submit any confidential or proprietary information.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Domain Management Services HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Domain Management Services MAKES NO REPRESENTATIONS ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION USER'S DETAILS PUBLISHED ON THIS SITE. USER'S DETAILS AND ANY OTHER INFORMATION PROVIDED BY USERS ARE NOT REVIEWED, CONTROLLED, EXAMINED OR VERIFIED BY Domain Management Services IN ANY WAY BEFORE THEY APPEAR ON THE Domain Management Services Bar & Band Listings , MESSAGE BOARD, Chat Rooms, USER FORUMS, Domain Management Services LISTS OR ANYWHERE ELSE ON OR THROUGH THIS SITE OR THE Domain Management Services Websites. IN MANY CASES THIS INFORMATION ORIGINATES FROM AUTOMATIC POSTING. Domain Management Services HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION. THIS INFORMATION MAY BE DELETED OR ALTERED WITHOUT ANY PRIOR WARNING IN PART OR IN WHOLE. Domain Management Services IS NOT RESPONSIBLE FOR LOSS OF ANY INFORMATION OF ANY KIND POSTED ON OR THROUGH THE Domain Management Services Websites.

IN NO EVENT SHALL Domain Management Services BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, OR YOUR USE AND RELIANCE ON INFORMATION AVAILABLE ON THESE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE AND INCLUDING ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

You understand that our sole warranty with respect to the foregoing risks is as set forth in the foregoing Paragraphs.

You agree to indemnify Domain Management Services its employees, agents, and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any service provided on this Site, or from your breach of these rules. You further agree that the Domain Management Services is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

You agree not to disrupt or interfere with the services provided on this Site, nor to alter or tamper with any information or materials on or associated with this Site.

The following specific notices are in addition to the general notice and are not by way of limitation.

Without limiting the provisions of the license agreement, any commercial use or any use which is not by end-user of the Domain Management Services any kind of copying or reproduction of Domain Management Services to any other location or website for further reproduction or distribution is strongly prohibited.

Specific notice to users of User Forums, User Lists, and Chat Rooms available on or through this Site.

The Message Board is a forum provided by Domain Management Services to promote freedom of expression, exchange of ideas, opinions, interests etc. If you would like to share your ideas and interests with others we welcome you to submit your message to the message board, user forums or Chat Rooms thus making your ideas known.

The Do-It-Yourself, Users own created Lists is a service allowing users to place a link on the Domain Management Services website that will allow other users to exit the Domain Management Services site and enter users own created lists sites chat rooms or helpdesks.

  

Domain Management Services MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE USER FORUMS OR ON THIS SITE AND/OR USERS' SITES, LISTS, CHAT ROOMS OR HELPDESKS FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE CONTENTS OF THE USERS MESSAGES POSTED IN THE USER FORUMS OR ON THE Chat Rooms AND ON USERS OWN SITES, LISTS, CHAT ROOMS AND HELPDESKS ARE NOT REVIEWED, CONTROLLED OR EXAMINED BY Domain Management Services IN ANY WAY BEFORE THEY APPEAR ON THIS OR ANY OTHER SITE. Domain Management Services DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH MESSAGE OR SITE. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND THEIR SITES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES OR SITES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).

THE INFORMATION ON THE MESSAGE BOARD, USER FORUMS AND ON USERS' SITES, LISTS, CHAT ROOMS AND HELPDESKS MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING THE MESSAGE BOARD OR THESE SITES YOU UNDERTAKE FULL RESPONSIBILITY FOR: (A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU (C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER THE MESSAGE BOARD, THESE USERS' SITES AND DO NOT JOIN OTHER USERS' LISTS.

Domain Management Services does not actively monitor the contents of users messages on the Message Board, User Forums, Chat Rooms or the users own sites, lists, chat rooms and helpdesks. However, Domain Management Services will consider complaints concerning inappropriate messages or sites. Domain Management Services further does not monitor the list policy of any user's list. Domain Management Services is not responsible for any loss, damage or claim arising out of the relationship between users who entered other users' lists, and can not guarantee deletion from such lists upon user's request.

Domain Management Services reserves the right to remove, without warning, any message from the Message Board, User Forums, Chat Rooms, any user's list, chat room or helpdesk or any link to any site which is considered, in Domain Management Services' sole discretion, inappropriate. For example - offensive, racial, discriminating, pornographic, commercial, advertising material, information or instructions concerning illegal activities, material infringing or encouraging infringement of intellectual property rights, links or any kind of access to content not allowed on the services provided herein. Domain Management Services is not responsible for any loss of data resulting from posting, denial to post or the deletion of personal messages, users' lists or for any other reasons.

By posting a message to these services or by applying for a link from Domain Management Services site to user's own site a user agrees to, and is bound by, these terms and conditions and in addition undertakes to indemnify and hold Domain Management Services harmless for any loss, liability, claim, damage and expenses arising from or in connection with the contents of the user's message or site or the deletion thereof.

In no event shall Domain Management Services be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the messages or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.

Specific Notice for links to third party sites available on the Domain Management Services' website may contain third party links, including links to users own websites or lists. These links allow you to exit Domain Management Services' website and enter third party or other users websites. These links are provided by Domain Management Services only as a convenience. The linked websites are not reviewed, controlled or examined by Domain Management Services and Domain Management Services is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Domain Management Services. In no event shall Domain Management Services be liable to anyone for any damage arising from or occasioned by the creation or use of the third parties websites or lists or the information or material accessed through these websites or lists. Domain Management Services reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from this site.

Specific notice to users accessing Domain Management Services website, Chat Rooms Directory, Users Lists Directory and HelpDesks Directory and those installing WebPager, Email Express, Page Me or Communication Panel on third party's website. The access to Domain Management Services Band & Bar Listings and Domain Management Services website are provided by Domain Management Services as a convenience. Any other use or attempt to use the Domain Management Services Band & Bar Listings or Domain Management Services website for commercial, or other purposes or for systematic retrieval of data stored in theDomain Management Services Band & Bar Listings and any kind of copying or reproduction of the data, or any part thereof, stored in the Domain Management Services Band & Bar Listings to any other location or website for further reproduction or distribution is strickly prohibited.

You acknowledge that you are expressly prohibited from utilizing Domain Management Services' Chat Rooms, Domain Management Services website or Domain Management Services Band & Bar Listings in connection with the sending of unsolicited electronic mail or other messages, whether commercial or not, to a large number of recipients or otherwise exceeding reasonable personal use. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of Domain Management Services Users Lists or the Domain Management Services website or Domain Management Services Bar & Band Listings.

A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

Domain Management Services makes no warranty or guarantee as to the availability or reliability of these services. These services can be terminated, limited or denied at any time, temporarily or permanently, with no advance notice.

Websites functionality may be changed, reduced or limited at any time. Domain Management Services may elect to grant different grade of service and priorities to different users, at any time without prior announcement, at its sole discretion. Domain Management Services may elect in its sole discretion to condition the continuation of access to website, improvements, corrections, adaptations, or changes to the Domain Management Services website.

Domain Management Services may at any time cancel, change, hold , de-list , introduce different publishing options to different users. You agree to the effects that limitation, reduction of functionality of the program or the website or the Domain Management ServicesBar & Band Listings, or stopping access to the website or terminating the service, or introducing different grade of service or listings policies to you or to any other user, may have on your ability to use the program and/or the service and/or the website, or the Domain Management Services Band & Bar Listingswhole or in part, for communicating with third parties, or their ability to communicate with you.

The information you access via the Domain Management Services Band & Bar Listings is provided by the users, and entered or posted by them, and is not reviewed, controlled or examined by Domain Management Services.
All Rights Reserved
The ICANN Uniform Domain Name Dispute Resolution Policy

Please note and take the appropriate measures - like any other communication Website operating over the internet or other media, Domain Management Services may be subject to privacy invasive activities including, but not limited to, criminal acts such as eavesdropping, electronic trespassing and fraud.

By referring to "Domain Management Services website" reference is made to the computer complex which contains several websites, data communication equipment, databases, hubs and routers.

Images

Domain Management Services is the proprietor of some of the images on this website, other images belong to their respective owners.

Trademarks and Servicemarks

Domain Management Services, The Domain Management Services Website and/or other Domain Management Services' products referenced herein are Trademarks and/or Servicemarks of Domain Management Services. Other products and companies names or marks may be the Trademarks or Servicemarks of their respective owners.

Governing Law and Jurisdiction

This Domain Management Services website and all services provided on or through the Domain Management Services website are subject to Texas Law and to the exclusive jurisdiction of the courts of Comal County, Texas.



Updated: 25 MAY 2002