Dedicated and virtual dedicated servers

Terms of Service

Data and Wireless Inc provides World Wide Web page hosting, electronic ecommerce services, marketing, and website development. Data and Wireless Inc has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services, detailed below.

Data and Wireless Inc reserves the right to suspend or cancel a customer's access to any or all services provided by Data and Wireless Inc when we become aware that the account has been inappropriately used.

Specific Acceptable Use Policies are detailed below:

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of  Data and Wireless Inc is strictly prohibited.

Data and Wireless Inc will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming", password theft, security hole scanning etc.

Any unauthorized use of accounts or computers by a Data and Wireless Inc customer, whether or not the attacked account or computer belongs to Data and Wireless Inc, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Abuse of Traffic
The intention of
Data and Wireless Inc is to provide a space to serve web documents, not a storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Data and Wireless Inc's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to suspension or cancellation at the discretion of Data and Wireless Inc management. Any customer who violates Data and Wireless Inc's Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the alloted 24 hour period, the client will be billed for the overages.

Bandwidth will be unrestricted until you reach  your allocated bandwidth for your account. Thereafter, normal data transfer cost of $1.00/GB will be billed to your account to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives. Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (AVI, QuickTime, Real Audio, Real Video, MP3).

Data and Wireless Inc will be the sole judge as to what constitutes a violation of this provision.

Email Account Maintenance
In addition to the number of POP3 accounts that you may have included with your account, Data and Wireless Inc places the following limitations on all POP3 accounts. All POP3 accounts are limited to 1000 unread email messages. Any subsequent message delivered to a POP3 account that already has 1000 unread email messages will be returned to the sender as undeliverable.  Any subsequent message delivered to a POP3 account that has reached this limit will be returned to the sender as undeliverable. Additionally, all POP3 account messages that are older than 90 days are automatically removed from the server. Your POP3 account should be used as a temporary storage area before downloading them to your POP3 client such as Microsoft Outlook, Eudora or Netscape Messenger, which you can use to permanently store your messages.

Unsolicited Email ( Spam )
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled, while the matter is investigated and you will be fined $150.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with the
Data and Wireless Inc Support Team. Most chat rooms tend to be large system hogs and we do not allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Rogue Sites
If your site is determined to be causing a detremental affect on other sites on the same server or other sites on the same network, Data and Wireless Inc has the right to immediately suspend operation of your account until the problem with your site is corrected.

Data and Wireless Inc does not allow IRC or IRC bots to be operated on our servers.

Proxy Servers
Data and Wireless Inc does not allow Proxy server or proxy server scripts to be operated on our servers.

Payment Policies
Data and Wireless Inc reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies in writing for a request for termination of services. All payment is in U.S. currency.

Data and Wireless Increserves the right to cancel service at any time. All fees paid in advance of cancellation are considered payment for a non-refundable contract for the term of that payment and will NOT be pro-rated and paid by Data and Wireless Inc if the account is cancelled. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Data and Wireless Inc's web hosting plans are backed by a 10 day money back guarantee. If you are not completely satisfied with our services or support within the first 10 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is cancelled prior to activation. All payments are considered payment in advance for a full-term contract that covers the payment period. No pro-rated refund will be given if service is cancelled prior to the end of the full-term contract.

This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration etc.

Lawful Purpose
Data and Wireless Inc reserves the right to refuse service to anyone. Customers may only use Data and Wireless Inc server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Data and Wireless Inc management.

Customer agrees that it shall defend, indemnify, save and hold Data and Wireless Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against, 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 Data and Wireless IncData and Wireless Inc'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 Data and Wireless Inc's server.
against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with

Data and Wireless Incwill not be responsible for any damages your business may suffer. Data and Wireless Inc makes no warranties of any kind, expressed or implied for services we provide. Data and Wireless Inc disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Data and Wireless Inc and its employees. Data and Wireless Inc reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of  Data and Wireless Inc must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Abuse of any of the above outlined acceptable use policies should be reported to

Data and Wireless Inc - Dedicated server hosting, eCommerce web hosting and colocated servers.