This Agreement represents the complete agreement and understanding between DIAMOND ADVERTISING, INC. and the account holder (hereinafter called Client) and supersedes any other written or oral agreement. DIAMOND ADVERTISING, INC. may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

A statement about our links:

DIAMOND ADVERTISING, INC. (webhosting2u.com, designcleveland.com, dirtcheapdomains.net) may contain links to Web sites other than our own. DIAMOND ADVERTISING, INC. does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. DIAMOND ADVERTISING, INC. does not control the content of these sites and takes no responsibility for their content, nor should it be implied that DIAMOND ADVERTISING, INC. endorses or otherwise recommends such sites or the products or services offered.

If you do not agree with these terms and conditions contact us at sales@webhosting2u.com so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval of and agreement with our terms and conditions.

1. DIAMOND ADVERTISING, INC. makes no warranties of any kind, whether expressed or implied, for the service it is providing. DIAMOND ADVERTISING, INC. also disclaims any warrant of merchantability or fitness for a specific purpose. DIAMOND ADVERTISING, INC. will not be responsible for damages the client suffers. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Client by DIAMOND ADVERTISING, INC. may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or State regulation or law is strictly prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening/hate material or obscene material. DIAMOND ADVERTISING, INC. reserves the right to remove any and all materials which infringe on copyright work, or would be considered threatening or obscene. Such materials will be removed, at any time, upon receiving a complaint and or notice of copyright infringement.
3. Client agrees to defend, hold harmless and expeditiously indemnify DIAMOND ADVERTISING, INC. from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from Client's use of our service.
4. DIAMOND ADVERTISING, INC. accounts cannot be transferred or used by anyone other than the subscriber. Clients may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Client may allow ftp access to its server and host web sites for its customers without violating this Policy. Network bandwidth charges in excess of allocated amount will be assessed from access log reports generated by the HTTPD server.
5. DIAMOND ADVERTISING, INC. reserves the right to cancel service for any reason without prior notice. In case of cancellation initiated by DIAMOND ADVERTISING, INC., unused hosting fees may be returned to the subscriber on a pro-rata basis. Fees for setup, design and the first month's service are not refundable.
   
   If a client re-registers after DIAMOND ADVERTISING, INC.'s cancellation of the account without DIAMOND ADVERTISING, INC.'s written consent, DIAMOND ADVERTISING, INC. will cancel Clients account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
6. Setup, hosting and design fees are not refundable.
7. At the time of account cancellation, A Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid DIAMOND ADVERTISING, INC. Cancellation Code. If cancellation is done in writing, it will the responsibility of the Client to contact DIAMOND ADVERTISING, INC. for the Cancellation Code.
8. Additionally, Client agrees not to utilize the DIAMOND ADVERTISING, INC. service, equipment or e-mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Clients responsible for violating this clause of the DIAMOND ADVERTISING, INC. Terms and Conditions will be fined $400.00 per message. Payment by Client under this provision shall not prevent DIAMOND ADVERTISING, INC. from seeking other legal remedies against Client.
9. Client agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "Spam ware") and services which send unsolicited advertisements.
10. DIAMOND ADVERTISING, INC. requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. DIAMOND ADVERTISING, INC. cannot accept payments from any persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
11. Client shall ensure that its use of DIAMOND ADVERTISING, INC.'s network services shall not disrupt DIAMOND ADVERTISING, INC., its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, DIAMOND ADVERTISING, INC. reserves the right to place CPU process limits on the Client's account to prevent disruption of service to other customers. Clients shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any DIAMOND ADVERTISING, INC. user or to any directly or indirectly attached network. Use of DIAMOND ADVERTISING, INC.'s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by DIAMOND ADVERTISING, INC. shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of DIAMOND ADVERTISING, INC.'s service, DIAMOND ADVERTISING, INC.'s equipment or any site hosted on any DIAMOND ADVERTISING, INC. network.
12. Client warrants that any material submitted for publication by DIAMOND ADVERTISING, INC. or on a DIAMOND ADVERTISING, INC. hosted site, does not violate or infringe any copyright, trademark, patent, statutory common law, proprietary interest or intellectual property of others or contain anything obscene or libelous. DIAMOND ADVERTISING, INC. reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. In cases where a client provides material that is trademarked or the intellectual property of someone other than the client, the client agrees to expeditiously defend, hold harmless and otherwise indemnify DIAMOND ADVERTISING, INC. of any claims by the third party.
13. If DIAMOND ADVERTISING, INC. becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Client's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, DIAMOND ADVERTISING, INC., at its discretion, may, at any time deny access to the challenged material of Client.
14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
15. For all new domains, there is an initial InterNIC registration fee of $70.00 for the first two years. DIAMOND ADVERTISING, INC. will automatically pay this fee as well as all annual renewal fees of $35.00 to the InterNIC on your behalf while your DIAMOND ADVERTISING, INC. account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department.
16. Use of DIAMOND ADVERTISING, INC.'s hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
17. All hosting plans permit 2gb (Gigabytes) of data transfer per IP address, each plan is subject to a surcharge in the event usage exceeds the allotted bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
18. Any party seeking to report violations of DIAMOND ADVERTISING, INC.'s policy may contact via e-mail: abuse@webhosting2u.com
19. Transferring your domain to another provider does not constitute cancellation your account with DIAMOND ADVERTISING, INC.. You must notify DIAMOND ADVERTISING, INC. to formally cancel your account with DIAMOND ADVERTISING, INC. to avoid further charges. Notification must be made prior to transferring your account. If notification is not made prior to your accounts expiration date client agrees to be responsible for all accrued charges including but not limited to a disconnect fee equal to one month of hosting fees.
20. On occasion, DIAMOND ADVERTISING, INC. may have a need to communicate with its Clients through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the Client to check e-mail sent to the primary login e-mail address on the account.
21. It is the responsibility of the Client to contact DIAMOND ADVERTISING, INC. of any changes to their account, such as phone number, address, credit card information, etc. Clients will be required to provide verification for security purposes authorizing them to make any changes to that account.
22. DIAMOND ADVERTISING, INC. reserves the right to refuse any business, at any time, from any one, for any reason, at our discretion.
23. The first invoice for hosting will contain two months of the hosting fee up front along with the set-up fee. Payment must be made in full before the web site will be set-up. In cases which the client would like us to register their domain name, a fee of 70.00 dollars must be forwarded with the two month hosting fee and the set-up fee.
24. DIAMOND ADVERTISING, INC. Works on a retainer (or payment in full) basis. DIAMOND ADVERTISING, INC. will issue a quote for work. If the client accepts the quote the Client at that point should provide charge card information to DIAMOND ADVERTISING, INC. or forward a check or money order to DIAMOND ADVERTISING, INC. with The Contract Agreement, in the amount of the quote. However a quote is an estimate and depending on the intricacy of the project might not be accurate. If the work being done extinguishes the retainer, the Client will receive an update, including how much of the project is completed and can decide whether or not they wish to send in another retainer or stop the process at that point. If the quote is more than the cost of the actual work the client has the option of a credit or a refund. If the Client cancels the project once work has begun, The Client will forfeit any retainer and or setup fees and will not be entitled to a refund or credit of any kind, in addition the client agrees that cancellation of the order once work has begun does not relieve the client of their financial obligation, and the client shall forward a payment in the amount of the total outstanding balance on their account.
25. DIAMOND ADVERTISING, INC. offers specials from time to time, and may, at our discretion, discontinue any special without prior notice.
26. DIAMOND ADVERTISING, INC. may change or alter this agreement at any time, for any reason without prior notice.
27. Client acknowledges that they will be billed for any time dedicated to their account including but not limited to phone calls, office visits, conception and consultation, whether in person, via e-mail, phone, fax or otherwise. If time is dedicated to clients account but less than one hour is spent in any billing cycle a minimum one hour charge will apply equal to our current rate.
28. A retainer (or payment in full) must be paid before any work can be done. If agreed upon by an authorized DIAMOND ADVERTISING, INC. representative, the retainer may be in the amount equal to at least half of the job quote. Once we receive the retainer (or payment in full) we will place their site into our production schedule. We will deduct charges from the retainer as we proceed. Once the retainer is extinguished we will request the remaining portion of the job quote to be paid in full prior to delivery of completed work. In addition the client agrees that all information needed for the design of the web site will be forwarded either with the retainer (or payment in full) or within two weeks of submitting the retainer (or payment in full). In cases where the client employs DIAMOND ADVERTISING, INC. to design their site the client agrees and understands that not providing the information to DIAMOND ADVERTISING, INC. within thirty (30) days of submitting the retainer (or payment in full) will constitute abandonment of the project by the client. In cases of abandonment the client agrees to forfeit the retainer (or payment in full) and relieve DIAMOND ADVERTISING, INC. of any and all liability or responsibility for the design of their site. If for any reason the client chooses to stop the project once we begin production on the project, client will forfeit any and all monies including the entire retainer (or payment in full). Minimum billing in any one cycle is one hour, for any work on clients account. The client agrees that quotes or estimates are a gauge to determine about how long a job will take and that actual time spent can exceed the quote or estimate. Client will be responsible for the entire amount of actual time spent on project, unless client is participating in a package or other special offered by DIAMOND ADVERTISING, INC., In those cases the client will be responsible for no more than the highest price quoted, If the work exceeds the highest price quoted and the client makes no changes to the original order, the excess time spent on account will not be billed. If a client chooses to end a project before completion they will not gain the right to any of the work. Work will not be transferred to the client unless the project is completed and payment is received in full and then only the finished product will be transferred (See paragraph #35). All Rush orders will be subject to a fee of at least $100.00. Fee for rush orders will be determined by the work to be done and the amount of time involved. If at any time the client takes longer then 30 days from the time they enter the agreement with DIAMOND ADVERTISING, INC. to submit information for the development of their site, the client understands that payment in full for any and all design work will be required when they do not submit the site information within 30 days of employing our services. Any work requested by the client that was outlined in the quote will be subject to additional charges.
29. Payment for all orders must be personally guaranteed by the client, in situations that the client is a company, payment must be guaranteed by an officer of the company. If the client company should cease to exist, be sold or file bankruptcy, we have a right to payment in full of clients account either directly from the person entering into this agreement or through escrow if the business is sold.
30. These Terms and Conditions are non-negotiable.
31. A 2% service fee will be applied to any account that is overdue by 7 days.
32. In cases that a client is approved with a line of credit, whether for design, hosting or maintenance, the client agrees to be responsible for paying the debt promptly (within 7 days of receipt of invoice) and acknowledges responsibility for any and all costs incurred by DIAMOND ADVERTISING, INC. in order to collect the debt, if collection becomes necessary. If a client does not submit payment for service within (7) seven days of receipt of the invoice and their account enters delinquent status their account will be suspended and deleted. Suspension and deletion of the clients account does not relieve the client of their obligation to pay their debt. Charges will continue to accrue until the amount owed is paid in full. If a client allows their account to fall into delinquent status they will forfeit any and all monies paid towards the design and hosting of their site and they will have their line of credit revoked, as well as losing any and all rights to any of the work completed prior to the client entering delinquent status . If a client chooses to have their account status moved from delinquent to active they must pay the outstanding balance on their account in full, in addition to the setup fees (for hosting) and three months of hosting in advance, along with payment in full, in advance for any and all design work to be done. In cases of "failure to pay" the client will be responsible for any and all expenses incurred by DIAMOND ADVERTISING, INC. to collect the debt, including but not limited to collection fees, attorney fees and court costs.
33. We reserve the right to amend or change any of the terms, conditions, price schedule or agreement at any time for any reason without prior notice.
34. The client agrees to be responsible for any balance due, service charges, administration charges and any charges incurred by DIAMOND ADVERTISING, INC. to collect the debt including but not limited to legal representation, court fees and time spent on debt collection proceedings in addition to the time spent by a DIAMOND ADVERTISING, INC. representative to collect the debt.
35. In regards to web page design, the client understands and agrees that they are paying for the final product and in no way gain rights to the raw work (work done throughout the development process in order to achieve the final result). This includes but is not limited to: Flash movies, scanned images, logos. etc. The client is only entitled to the finished product which is the finished web site as outlined in the quote. In other words when a client employs DIAMOND ADVERTISING, INC. or one of its agents to design a site they are entitled to the finished site as per the agreed upon quote not any of the movies or materials used to achieve the end result. If client decides to employ another design firm or edit the site themselves, they are not entitled to any pre-completion work, including but not limited to Flash Movies, Java Applets, Logos, Forms, etc. The design and concepts used when designing a site are considered trade secrets and the intellectual property of DIAMOND ADVERTISING, INC. and all rights remain with DIAMOND ADVERTISING, INC.. The client also agrees to allow DIAMOND ADVERTISING, INC. to place our logo with a link to our site on their home page. The Client shall have 72 hours, from time of completion, to view the site and submit change requests. If the client chooses not to view material within the 72 hours it will constitute acceptance of the web site as is. Once the web site is published to an IP address it will be considered completed as long as the quoted amount of pages are published to the internet and are accessible via a web address or IP address. In cases where the client has a domain name that was not registered by DIAMOND ADVERTISING, INC. or they are a current client of a hosting company other than DIAMOND ADVERTISING, INC., the client is responsible for requesting any changes or modifications to the Domain Name record and DNS entry either through Network Solutions or their current hosting company in order to have their current domain address point to the proper servers. DIAMOND ADVERTISING, INC. is not liable nor responsible for making any changes or modifications to domain records or respective entries of domain records for domains that were not registered by DIAMOND ADVERTISING, INC.. If the client fails to submit a change request through their current hosting company or Network Solutions and the site is completed the client agrees that they will be responsible for payment in full for all design and hosting fees regardless of whether or not the domain name points to the correct servers. Quotes are good for the time specified by DIAMOND ADVERTISING, INC. when submitting the quote to the Client, in cases where there is no specified time for expiration of the quote it will be understood that the quote will be valid for no more then seven (7) days. No refunds of any kind will be given.
36. In regards to hosting, a client may not cancel their account with DIAMOND ADVERTISING, INC. unless their account is paid in full and agrees to be responsible for the charges applied to their account until it is paid in full, at which point they may cancel their account. Hosting fees are due on the 10th of every month and must be paid by the due date in order to insure no interruption in hosting service. If a client does not pay the hosting fee by the 10th day of the month their account will be suspended until their account is brought current, in addition they will be charged a reinstatement fee equal to the setup fee for the hosting plan they are on, they will also be required to pay for their hosting service in advance, in increments of 3 months. Once a client has had their account reinstated for longer than 6 months they may, at the discretion of DIAMOND ADVERTISING, INC., be moved back onto a monthly payment schedule for hosting fees.
37. Client agrees to defend, hold harmless and expeditiously indemnify DIAMOND ADVERTISING, INC. from any liability, claim, loss, damage or expense arising out of the interruption in service including but not limited to connectivity, hosting and email.
38. The Client also agrees to the following:
    
    I do hereby authorize any attorney at law to appear for me in an action regarding payment of outstanding invoices, at any time after said invoices become due in accordance with the terms outlined in this Agreement, in any Court of Record situated in the county where DIAMOND ADVERTISING, INC. then resides or in the county where I entered into this Agreement and being in the United States, to waive the issuing and service of process and confess a judgment in favor of the legal holder of the of above against me, for the amount that may then be due thereon, with interest at the rate of 2% per 30 days, and cost of suit, service and administration charges and any charges incurred by DIAMOND ADVERTISING, INC. to collect the debt (including but not limited to legal representation at a rate of $245.00 an hour, court fees and time spent on debt collection proceedings in addition to the time spent by a DIAMOND ADVERTISING, INC. representative to collect the debt at a rate of $100.00 an hour, and waive and release all errors in said proceedings and the right of appeal from the judgment rendered.
    
    The client entering into this agreement with DIAMOND ADVERTISING, INC. guarantees payment of the amount due either directly or through escrow if business is sold.
    
    If any court of competent jurisdiction finds any provision of this Agreement to be invalid, illegal, unreasonable or unenforceable, but by limiting such provision, it could become valid, legal, reasonable or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. In the event, in spite of the foregoing sentence, any provision or a portion of any provision of this agreement shall be found by any court of competent jurisdiction to be invalid, illegal, unreasonable or unenforceable, the remainder of the Agreement shall nevertheless remain valid, enforceable, and binding on the parties.
    
    This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter, and no other agreement, statement, or promise relating to the subject matter of this Agreement shall be valid or binding.
39. In regards to new hosting accounts:
    
    Hosting accounts are billed month to month but for all new accounts the setup fee and the first three months hosting fee must be paid up front to activate account.

Pricing Schedule:

If you would like a price schedule please contact us.

Authorized Resellers:

In addition to the terms and conditions listed on this a page, are specific guidelines which must be met in order to participate in the authorized resellers program. Contact Us to for more information.