Terms of Use
September 2021
We’ve updated Section 14 (Cancellations and Refunds), effective August 5, 2021, to clarify that purchases of certain add-on products such as SiteLock are non-refundable. On 6/17/2021, we revised Section 15 (Resource Usage) to clarify our policy on resource usage and Section 24 (WordPress Plugins) to include new terms applicable to users of WordPress Plugins. Please read the terms below.
These Terms of Service (the "Agreement") are an agreement between dcworlds.com, LLC ("dcworlds", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by dcworlds and of the dcworlds.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
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Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. Account Eligibility
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By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. dcworlds is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the dcworlds Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- The Service and any data you provide to dcworlds is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
3. Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall dcworlds be held liable for any lost or missing data or files resulting from a transfer to or from dcworlds. You are solely responsible for backing up your data in all circumstances.
4. dcworlds Content
- Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by dcworlds (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "dcworlds Content"), are the property of dcworlds or its licensors. No dcworlds Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any dcworlds Content.
- To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
- Any use of dcworlds Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any dcworlds Content. All rights to use dcworlds Content that are not expressly granted in this Agreement are reserved by dcworlds and dcworlds's licensors.
5. User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to dcworlds that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to dcworlds a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, dcworlds does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- dcworlds exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through dcworlds's computers, network hubs and points of presence or the Internet. dcworlds does not monitor User Content. However, you acknowledge and agree that dcworlds may, but is not obligated to, immediately take any corrective action in dcworlds's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that dcworlds shall have no liability due to any corrective action that dcworlds may take.
6. Compliance with Applicable Law
- You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
7. Third Party Products and Services
- Third-party products and services are solutions provided by external companies that complement the main product or service of a primary company. These can take various forms, such as software add-ons, hardware peripherals, or specialized services. The purpose of third-party offerings is to enhance the functionality, usability, and customization options of the primary product. By integrating third-party solutions, the main company can offer a more comprehensive and personalized experience to its customers.
For instance, a software company might offer a core platform while relying on third-party developers to create plugins or extensions that add new features or improve performance. Similarly, hardware manufacturers might collaborate with third-party providers to offer accessories or upgrades that enhance the main device's capabilities.
By leveraging third-party products and services, the main company can provide a more comprehensive and personalized experience to its customers, meeting a wider range of needs and preferences. This collaboration fosters innovation, as external providers bring their unique expertise, creativity, and technological advancements to the ecosystem.
8. Prohibited Persons (Countries, Entities, And Individuals)
- Prohibited persons, including specific countries, entities, and individuals, refer to those who are restricted from engaging in certain transactions or activities due to legal, regulatory, or security reasons. This designation often arises from national or international sanctions imposed by governments or organizations, aimed at maintaining security and upholding foreign policy objectives.
Countries that are frequently listed as prohibited may include those under comprehensive sanctions due to ongoing conflicts, human rights violations, or involvement in terrorism. Entities can refer to businesses or organizations that are linked to such prohibited countries or are involved in activities deemed harmful, such as arms trafficking or money laundering.
Individuals may be specifically named in sanctions lists for their involvement in activities that threaten national or global security, such as terrorism or organized crime. Engaging in trade or financial transactions with these prohibited persons can result in severe penalties, including fines or imprisonment, depending on the jurisdiction.
9. Account Security and dcworlds Systems
- Account security is essential for protecting sensitive data and ensuring user trust, particularly in digital services. dcworlds Systems prioritizes robust security measures to safeguard client accounts against unauthorized access and cyber threats. Their approach includes implementing multi-factor authentication (MFA), which requires users to provide multiple verification methods, significantly enhancing account protection.
dcworlds Systems also utilizes strong encryption protocols to secure data both in transit and at rest, minimizing the risk of data breaches. Regular security assessments and vulnerability scans are conducted to proactively identify and address potential threats, maintaining a secure hosting environment.
Additionally, dcworlds Systems offers client education on best practices for account security, such as creating strong passwords and recognizing phishing attempts. By focusing on these comprehensive security strategies, dcworlds Systems ensures that clients can safely manage their online presence.
10. HIPAA Disclaimer. We are not HIPAA compliant
- This notice is to inform you that our services and systems are not HIPAA compliant. The Health Insurance Portability and Accountability Act (HIPAA) sets forth stringent regulations to protect the privacy and security of individuals' medical information. Currently, our operational practices do not align with the requirements needed to handle Protected Health Information (PHI) under HIPAA guidelines.
As such, we cannot guarantee the confidentiality, integrity, or security of any health-related data transmitted through our services. We strongly advise clients to avoid sharing any PHI or sensitive medical information while using our platform to protect against potential data breaches or unauthorized access.
If your operations involve the handling of PHI or if you need to ensure compliance with HIPAA regulations, we recommend that you seek services from a provider that is certified and equipped to meet these compliance standards.
11. Compatibility with the Services
- Ensuring compatibility with our services is essential for a seamless user experience. Our platform is designed to integrate smoothly with various systems, applications, and devices, providing flexibility and efficiency in usage. We support multiple operating systems, including Windows, macOS, Linux, and mobile platforms such as iOS and Android.
Additionally, our services are designed to work with common web browsers, including Chrome, Firefox, Safari, and Edge. We recommend using the latest versions of these browsers to take full advantage of the features and security enhancements available.
For businesses that require integration with third-party applications, our services offer APIs and documentation to facilitate easy connectivity. While we make every effort to ensure compatibility, certain custom configurations or legacy systems may require additional attention. Our support team is available to assist with any compatibility issues.
13. Money-Back Guarantee
- We stand behind the quality of our services and offer a money-back guarantee to provide peace of mind for our users. If you are not completely satisfied with your purchase, you can request a refund within a specified time frame.
Guarantee Period: Our money-back guarantee applies for 30 days from the date of purchase. During this period, if our services do not meet your expectations, you can initiate a refund request.
Refund Process: To request a refund, contact our customer support team with details regarding your experience. Our team is dedicated to ensuring a straightforward and hassle-free process.
Eligibility: The money-back guarantee applies to new customers and certain service tiers. Review the terms and conditions to understand any exclusions or specific requirements.
14. Cancellations and Refunds
- You may cancel your account at any time through the dcworlds Billing and Support Portal. Refunds for certain add-on products, such as SiteLock, are non-refundable as per our policy updated on August 5, 2021. For other services, refunds may be issued within the 30-day money-back guarantee period, subject to eligibility criteria. Contact our support team for assistance with cancellations or refund requests.
15. Resource Usage
- These Terms of Service govern the resource usage for hosting services provided. By using our hosting services, you agree to comply with these terms:
1. Acceptable Use: Users must utilize hosting resources solely for lawful purposes. Misuse, including spamming, hacking, or distributing malware, is strictly prohibited.
2. Resource Limits: Each hosting plan comes with defined limits on CPU, memory, disk space, and bandwidth. Exceeding these limits may result in throttling or additional charges.
3. Overage Charges: If resource limits are exceeded, overage fees will apply as specified in the pricing plan.
4. Service Performance: We strive to provide optimal performance; however, resource contention may occur during peak times.
5. Account Suspension: Continuous violation of resource limits or misuse of services may result in account suspension or termination without prior notice.
16. Uptime Guarantee
- We offer a 99.9% uptime guarantee, ensuring that your website remains accessible to users.
Definition of Uptime: Uptime refers to the time during which our servers are operational and your website is accessible on the internet. The 99.9% uptime guarantee equates to a maximum allowable downtime of approximately 43 minutes per month.
Exclusions: The uptime guarantee does not apply during scheduled maintenance or emergency maintenance periods. It also excludes downtime resulting from network outages, force majeure events, third-party service issues, or user-induced interruptions.
Claim Process: If we fail to meet the 99.9% uptime guarantee, you may submit a claim for service credits within 30 days of the incident, accompanied by documentation of downtime.
17. Reseller Terms and Client Responsibility
- 1. Reseller Agreement: As a reseller, you agree to comply with all terms outlined in this agreement. You are authorized to sell our services under your brand while adhering to our policies.
2. Client Responsibility: You are responsible for managing your clients’ accounts, including billing, technical support, and service delivery. Your clients must adhere to all applicable laws and regulations.
3. Branding and Marketing: You may market our services under your brand name but must not misrepresent our company or services.
4. Payment Terms: Resellers must adhere to our payment schedule. Late payments may result in service suspension or termination.
5. Termination: We reserve the right to terminate your reseller account if you or your clients misuse our services.
18. Shared (non-reseller accounts)
- 1. Acceptance of Terms: By accessing our shared hosting services, you agree to abide by these Terms of Service.
2. Account Setup: You must provide accurate and complete information during account setup. You are responsible for maintaining the confidentiality of your account credentials.
3. Resource Usage: Shared hosting accounts come with specific resource limits. Excessive use may result in throttling or suspension.
4. Acceptable Use Policy: You agree not to use our services for unlawful activities, such as spamming, phishing, or hosting malware.
5. Data Backups: You are responsible for maintaining your own backup copies of data. We do not guarantee data recovery.
19. Dedicated Servers
- 1. Acceptance of Terms: By utilizing our dedicated server services, you agree to comply with these Terms of Service.
2. Account Setup: You must provide accurate and complete information during account setup.
3. Resource Allocation: Dedicated servers provide exclusive access to all server resources. You are responsible for managing these resources efficiently.
4. Data Backups: You are responsible for maintaining backups of your data.
5. Uptime Guarantee: We offer a 99.9% uptime guarantee, excluding scheduled maintenance or events beyond our control.
20. Appointment Booking
- 1. Acceptance of Terms: By using our appointment booking hosting services, you agree to comply with these Terms of Service.
2. Account Setup: You must provide accurate and complete information during account registration.
3. Service Features: Our appointment booking service includes online scheduling, calendar management, notifications, and integrations.
4. Data Privacy: You retain ownership of all client data submitted through our platform. We will not share your data without consent, except as required by law.
5. Uptime Guarantee: We provide a 99.9% uptime guarantee, excluding scheduled maintenance.
21. Email Marketing
- 1. Account Setup: You must provide accurate and complete information during registration.
2. Service Features: Our email marketing services include tools for campaign creation, list management, analytics, and automation.
3. Data Privacy and Security: You retain ownership of your subscriber data. We implement industry-standard security measures.
4. Termination: You may cancel your account at any time. We reserve the right to suspend or terminate accounts for violations.
5. Limitation of Liability: We are not responsible for any indirect, incidental, or consequential damages arising from your use of our services.
22. Store
- By utilizing our e-commerce hosting services, you agree to be bound by these Terms of Service. When setting up an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Our e-commerce hosting services include comprehensive tools for product listing, payment processing, inventory management, and order tracking. You are responsible for configuring and managing your online store, ensuring that all product information is accurate, current, and complies with applicable laws. You agree not to use our services for any illegal activities, such as selling prohibited items or engaging in fraudulent practices. Your customer data remains your property, and we are committed to protecting it with industry-standard security measures. We guarantee a 99.9% uptime for our services, excluding scheduled maintenance. You may cancel your account at any time. Our liability is limited to the maximum extent permitted by law.
24. WordPress Plugins
- Users of WordPress plugins provided through our services must comply with our usage policies. Plugins must not be used to distribute malicious code, violate intellectual property rights, or cause excessive resource usage. We reserve the right to disable or remove plugins that violate these terms.