This AUP/TOS (Acceptable Use Policy/Terms of Service) is for Deru's Shared Hosting Services Only.

Deru Communications reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

Deru Communications 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 Deru Communications customers and us against such harm.

Deru Communications 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 Deru Communications network, by customers or any other users of the Deru Communications network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Deru Communications 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 Deru Communications email address or web site URL is prohibited. The use of Deru Communications 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@deru.net.

All services provided by Deru Communications 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 Deru Communications from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Deru Communications 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

Deru Communications does not host sites of its competitors or web pages promoting sites of its competitors.  

Any illegal activity, spamming, hacking or excessive usuage of server resources will result in your site being shut down and all your files deleted without warning.  

Deru Communications will be the sole arbiter as to what constitutes a violation of this provision.

Deru Communications 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 250 email addresses or more than 10 news groups.

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 or forum software that effects normal server operation or service to other Deru Communications customers. If the offending software causes major stress on any server, we will, without warning, suspend your account. No chat room or similar scripts allowed.  Forums are limited to vBulletin and PhpBB Forums ONLY. ANy UBB or YaBB, etc. boards are NOT TOLERATED.

Subhosting (hosting more than one web site with a single Deru Communications user account) is generally not allowed on Deru Communications servers. It is subject to Deru Communications approval on case by case basis.

Deru Communications allows for very generous traffic, and most sites never exceed 20 GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution.  Deru Communications customers are discouraged from storing any files that cause excessive traffic on Deru Communications servers. Please contact Deru Communications 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 Deru Communications or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites (over 20GB of transfer per month). This only includes .1% of our currently hosted web sites. We will give 2 days notice to resolve high bandwidth issues. 

You agree to use all Deru Communications services and facilities at your own risk. Deru Communications specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Deru Communications 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 Deru Communications harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Deru Communications, 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 Deru Communications against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Deru Communications'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 Deru Communications's server.

Deru Communications shall be the sole judge of what violates this Policy.

Client agrees to use the Help Desk located at support.deru.net for technical support issues.  Deru Communications does not offer telephone support to web hosting clients.  Help is also available through our forums at forums.deru.net.

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. You may cancel at anytime, with 30 days prior notice. All monetary transactions are in $US dollars.  Additional features can be added at any time.  Deru Communications reserves the right to change prices at any time.

NOTE: Deru Communications charges a $25.00 fee for returned checks.  For international customers, if you are sending a check/money order the amount must be drawn in US dollars. 

This agreement can be cancelled at anytime with 30 days written notice to Deru Communications.   To cancel your account, please read these instructions. 

If our servers are not up 99.5% of the time during your first 30 days of hosting we will gladly refund your hosting fees and cancel your account. Just go to our cancellation page and follow our cancellation instructions. Be sure and mention that you would like a refund based on our 99.5% Uptime Guarantee.

• You provide billing to your customers.  We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and  your services in addition to that
• We can only allow you to be a reseller if you are paying by credit card
• Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly
• Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer.  You will need to put that in your terms and conditions for the hosting
• You agree that neither you nor your customers can hold us responsible for services that you offer
• Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts
• If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts
• We do not extend the 30 day guarantee to your customers. If you choose to offer that service, you do so at your own cost.

Contact us at our Help Desk located at support.deru.net if your question was not answered in this Policy.