Last Updated:
February 14th, 2022
DreamShop Terms
These terms ("Terms") form a binding legal agreement between DreamHost and any person or organization who purchases, accesses, or uses DreamHost's DreamShop products ("Customer" or "You"). Customer represents, warrants, and agrees that (a) Customer has the full power and authority to enter into and perform under these Terms, or (b) if Customer is using these products on behalf of an organization, entity, or group, that Customer is authorized to accept these Terms.
By purchasing, using, or accessing DreamShop and any associated products ("Products"), you agree to be bound by any and all terms and conditions on this page, and also agree and understand that DreamHost may amend this Agreement at any time by posting updated terms. If You do not agree with this Agreement or any of its changes, Your sole remedy is to stop using DreamShop. Your continued use of DreamShop after the Agreement has been posted and/or updated constitutes your full acceptance of all modifications and current terms. You agree to be bound by all of DreamHost's terms that are applicable to your account, including any limitations of liability, indemnification, termination, and other legal stipulations. A full list of all terms and policies can be found here: www.dreamhost.com/legal.
Features and Functionality
The Products include an online shopping cart that can be integrated with your existing website or social network as applicable. We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate the Products. Any description of how the Products work should not be considered a representation or obligation with respect to how the Products will always work. We are making constant adjustments to the Products and often these Terms of Service do not capture these adjustments completely.
Automatic Renewal
At the end of the DreamShop plan term, the plan will automatically renew at the then-current, non-promotional rate (plus any applicable taxes) for the original plan length indefinitely until canceled.
will automatically renew DreamShop when it comes up for renewal and will take payment from the payment method associated with your account. If you do not wish for DreamShop to automatically renew, you may elect to cancel prior to the renewal date, in which case, your DreamShop plan will terminate upon expiration of the then-current term, unless you manually renew prior to that date. DreamShop must be canceled prior to its renewal date(s) in order to avoid automatic renewals. Renewal dates take effect at midnight, PST.
Social Media
For Customers in certain countries, some of the Products, such as our online shopping cart, can be added to your page on social media networks.
BY CONNECTING YOUR DREAMSHOP ACCOUNT TO YOUR SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO YOUR SOCIAL MEDIA PLATFORMS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE PLATFORMS AND YOUR DREAMSHOP ACCOUNT SETTINGS). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE SOCIAL MEDIA CONNECT FEATURE. We and various social media platforms are continually making changes and improvements to integration features, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Service.
Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your DreamShop account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves a DreamShop account, you should notify us at https://support.dreamhost.com. Then, you should report this instance to all of your card issuers, as well as the appropriate law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DreamHost Web Panel and not through a hyperlink in an email or any other electronic communication, even if it looks official. DreamHost reserves the right to place any account on hold anytime with or without notification to the Customer in order to protect itself and its partners from what it believes to be fraudulent activity. DreamHost is not obligated to credit or discount a service fee as a result of such holds.
Third-Party Apps, Software, Products, Services, and Websites
DreamHost or its partners, may from time to time recommend or enable third-party apps, software, products, services, or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with DreamHost with respect to any third party, any third party's apps, software, products, services or websites. These Terms of Service do not apply to such third-party apps, software, products, services or websites and you should review such third-party agreements related to such third-party apps, software, products, services, or websites that may be different than these Terms of Service. It is your sole responsibility to comply with such third-party terms. Your use or access to any third party's apps, software, products, services, or websites is at your own risk. DREAMHOST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY APPS, SOFTWARE, PRODUCTS, SERVICES, OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD-PARTY APPS, SOFTWARE, PRODUCTS SERVICES, OR WEBSITES.
Warranties
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, DREAMHOST MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. DREAMHOST DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS, AND CUSTOMER ASSUMES ALL ASSOCIATED RISK AND RESPONSIBILITY.
Limitation of Liability and Damages.
IN NO EVENT SHALL DREAMHOST, OR ANY OF ITS PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR THE LIKE BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS, INCLUDING ANY ASSOCIATED FEATURES OR FUNCTIONALITIES . IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS, INCLUDING OUR WEBSITE AND CUSTOMER INTERFACES, AND ALL ASSOCIATED CONTENT AND SOFTWARE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO DREAMHOST FOR YOUR DREAMSHOP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold DreamHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against DreamHost, its agents, its customers, officers, and employees from any third party claims that (i) arise from your modification of the Products or (ii) the use by DreamHost of any materials provided to DreamHost by you for use in the Products that infringe any patent, copyright, trademark, trade secret, or other intellectual property right under law. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in DreamHost's general Terms of Service found here, and in various third-party software, licensing and service agreements you may have agreed to in order to access the Products.
Arbitration Agreement
Both Customer and DreamHost agree that any dispute, claim or controversy arising out of or relating in any way to the Products, including our website, user interfaces, these Terms of Service, and this Arbitration Agreement, shall be determined by binding arbitration in Orange County, California, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DreamHost are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your DreamShop account.
CUSTOMER AND DREAMHOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DreamHost agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.