Introduction
This User Agreement (“Agreement”) governs your purchase and use of any
Digital Sounds Entertainment, LLC (DBA: DependableHost.net) Services (collectively called "Services"), ordered by you (“you”
and/or “Customer”) on the order form (“Order Form”) and provided by
DependableHost.net. The account set up with DependableHost.net through which the Services will
be administered is referred to as your "Plan(s)". This Agreement
explains the terms and conditions that apply to your purchase and the
use of the Plan(s) and DependableHost.net’s Web site. Before you may use
DependableHost.net’s
Services and create an account with DependableHost.net you must register and accept
this Agreement by clicking the Acceptance Checkbox at the end of this
Agreement. This Agreement exists to define the agreement between you
and DependableHost.net and to ensure that DependableHost.net’s customers are using
DependableHost.net's
Services with regard to the rights of other Internet users and in
conformity with the requirements of DependableHost.net's network environment.
Acceptable Use
You are required to use DependableHost.net's Service(s) responsibly. This includes
respecting the other customers of DependableHost.net. Subject to the terms and
conditions of this Agreement, DependableHost.net grants you a non-exclusive,
non-transferable, limited license to access, display and use our
Services, Web sites and their contents. You shall comply with all
copyright laws worldwide in your use of DependableHost.net’s Services and Web sites
and prevent unauthorized copying of their contents. Except as provided
in this Agreement, DependableHost.net does not grant you any express or implied
right in or under any patents, trademarks, copyrights or trade secret
information.
Prohibited Use
DependableHost.net servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material in
violation of any applicable law or regulation, or that may directly
facilitate the violation of any particular law or regulation is
prohibited.
Examples of prohibited use include, but are not limited to:
-
materials subject to trademark, copyright or other laws protecting any
materials or data of others in the absence of a valid license or other
right to do so;
- material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
- unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;
-
adult-oriented sites, pornography and sex-related merchandising ,
including sites that may infer sexual content of any kind or provide
links to adult content elsewhere. DependableHost.net also prohibits sites that
provide storage, sale, distribution, hypertext link to, advertisement,
promotion or hosting of material that is unlawful, defamatory, obscene,
harmful, threatening, harassing, or an intrusion of privacy or
publicity rights, or is otherwise objectionable; and
- storage, posting, display, transmission, advertising of or otherwise making available child pornography.
In purchasing DependableHost.net services, all DependableHost.net customers certify that they
and/or the organization they represent in procuring services from
DependableHost.net are not, nor have been designated, a suspected terrorist as
defined in Executive Order 13224; are not owned or controlled by a
'suspected terrorist' as defined in Executive Order 13224; and are not
on, are not a member of, related to, associated with, or controlled by
any organizations on the list contained in the Annex to Executive Order
13224 and all updates thereto.
Usage of Allotted Resources
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes agreed to in the stipulated measurements outlined
on the web site at the time of sign-up (or other measurements of
services in the form of gigabytes, terabytes, etc.) per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage").
DependableHost.net will monitor Customer's bandwidth and disk usage. Customer
agrees that bandwidth allowances represent the sum of the incoming and
outgoing allowances. Once a plan reaches the bandwidth allowance, the
plan will automatically be suspended until the next calendar month or
until the plan’s bandwidth allowance is upgraded. Bandwidth
calculations are updated daily and are not in real time. Therefore,
Customer agrees that the sum of incoming and outgoing bandwidth usage
that exceeds the plan’s allowance shall be billed at $1.00 per
GigaByte. Further, if DependableHost.net’s automated system fails to suspend a plan
when reaching the plan’s bandwidth allowance, customer agrees be billed
at $1.00 per GigaByte for each GigaByte of bandwidth usage in excess of
the plan’s bandwidth allowance. DependableHost.net shall have the right to take
corrective action if Customer's disk usage exceeds the Agreed Usage,
including but not limited to deletion of all plan files, termination of
this Agreement or suspension of Services. Such actions may be taken in
DependableHost.net's sole and absolute discretion.
Usage of Server Resources
In order to preserve the integrity of DependableHost.net’s Services and provide
Customers with DependableHost.net’s 99.9% uptime guarantee ,
DependableHost.net must be able to
regulate its customers’ use of server resources. Therefore, Customer
agrees that Customer shall not use excessive amounts of server
resources (such as, but not limited to, CPU & Memory usage) on any
of DependableHost.net's servers. DependableHost.net shall define “ excessive amounts of server
resources” as using any form of server resource in a manner which
noticeably hinders the quality of any service. Customer agrees to be
held under strict liability for assuring reasonable server resource
usage. Any violation of this policy will result in immediate account
cancellation and imposition of an Administrative Fee of $50.00.
DependableHost.net
shall not refund to Customer any fees paid in advance of such
cancellation and Customer shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such cancellation;
further, Customer shall be obligated to pay 100% of all charges for all
Services for each month remaining in the Term. DependableHost.net reserves the
right to determine, in its sole and absolute discretion, what
constitutes a violation of this provision.
Mass Emailing Policy
Each hosting plan is limited to sending no more than 200 emails in any
60 minute period. This policy is necessary to protect the quality of
DependableHost.net’s hosting service, as mass emailing can consume excessive
amounts of server resources, which negatively impacts the quality of
hosting service other clients receive. First violations of this policy
will result in an Administrative Fee of $25.00 and immediate account
suspension. To be re-activated , the client must provide a written and
signed statement stating “I have read, understood, and agree to
DependableHost.net’s Mass Emailing Policy”. Any second violation of this policy
will result in immediate account cancellation and imposition of an
Administrative Fee of $100.00. DependableHost.net shall not refund to Customer any
fees paid in advance of such cancellation and Customer shall be
obligated to pay all fees and charges accrued prior to the
effectiveness of such cancellation; further, Customer shall be
obligated to pay 100% of all charges for all Services for each month
remaining in the Term. DependableHost.net reserves the right to determine, in its
sole and absolute discretion, what constitutes a violation of this
provision.
E-mail Spamming Prohibited
“Spamming” includes the sending of unsolicited bulk and/or commercial
messages over the Internet using DependableHost.net’s Services or through another
ISP or IPP with a reference to DependableHost.net or a website hosted by
DependableHost.net,
maintenance of an open SMTP policy, and selling or distributing
software (on a Web site residing on a DependableHost.net server) that facilitates
the foregoing. Spamming is prohibited. Violators will be assessed a
minimum fine of $200 and may have their Plan(s) terminated or
suspended. DependableHost.net reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violation of system or network security is prohibited and may result in
criminal and civil liability. Examples of system or network security
violations include, without limitation the following:
-
unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
express authorization of the owner of the system or network;
-
interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks;
- forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
-
distributing or hosting destructive or harmful content including,
without limitation, viruses, Trojan Horses, worms, time bombs, cancel
bots or any computer programming routines that may damage or interfere
with any system, program, data or personal information;
-
any form of hacking or unauthorized access, which includes, without
limitation, use probing, or scanning of systems security or
authentication measures, data or traffic;
-
interference with service to any user, host, or network including any
form of attempts to overload a system, any form of system attacks, or
forgery which can come from any kind of program/script/command or
messages of any kind designed to interfere with a user's terminal
session, via any means, locally or by Internet;
-
any form of interception which includes, without limitation,
unauthorized monitoring of data or traffic on any network, server or
system without express authorization from the owner;
- any form of avoidance of system restriction; and
-
any form of failure to safeguard accounts which includes, without
limitation, failure to prevent unauthorized access by giving away
passwords.
Fraudulent Content
Offering or distributing any fraudulent goods, services, schemes or
promotions (e.g. - make money fast schemes, chain-letters, pyramid
schemes), or submitting false data on any sign-up form, contract or
online application through registration, or any fraudulent use of
information obtained through the use of the Plans, including, without
limitation, use of credit card numbers, phone numbers, e-mail
addresses, or home addresses is strictly prohibited.
Violation of this Agreement
If DependableHost.net becomes aware of any violation or threatened violation of
this Agreement, DependableHost.net may pursue any remedies and take any action
against you or your customers to stop or correct such violation,
including, but not limited to, denying access to DependableHost.net's Services and
equipment or to the Internet, removal of all or a portion of the
information stored on DependableHost.net’s server, suspension of any and all
Services, or termination of this Agreement. In the event DependableHost.net is
required to suspend Services or terminate this Agreement, DependableHost.net shall
not refund any of the Fees paid in advance of such corrective action.
In addition, DependableHost.net may charge you for any costs or expenses it incurs
as a result of the threatened or actual violation of this Agreement.
You agree that DependableHost.net shall have no liability to you or any of your
customers as a result of any corrective action DependableHost.net may take
(including, without limitation, termination of Services). You are
expected to cooperate with DependableHost.net in any corrective or preventive
action that DependableHost.net deems necessary.
Fees; Payment
In consideration of the Services provided to you by DependableHost.net, you shall
pay the service fees set forth in your Plan(s) (“Fees”).
DependableHost.net offers 1, 3, 6, and 12 month terms. All Plans are prepaid and
automatically renew for successive like periods unless terminated in accordance
with this Agreement. All Fees must be paid in advance by credit card or
personal check. By establishing a Plan with DependableHost.net, you authorize
DependableHost.net to automatically charge the Fees and any administrative or other
fees provided for in this Agreement to your credit card or transfer
money from your checking account via the transit and routing numbers
you provide on the Order Form. You may discuss other payment
arrangements with DependableHost.net’s Billing Manager by contacting us at
billing@dependablehost.net. You must notify DependableHost.net of any
changes in your personal information (including, but not limited to
the, billing address, account number or credit card or bank account, or
expiration or cancellation of your card.).
It shall be your sole responsibility to assure payment is received in
full and on time. If payment is not collected by the date due, (1) your
account will be suspended until payment is received in full, (2) a
$5.00 late payment charge will be added to the invoice, and (3) DependableHost.net
reserves the right to terminate your Plan(s). If a Plan is suspended
for insufficient payment, you must contact DependableHost.net and arrange for
immediate payment. Suspended accounts will continue to be responsible
for the payment of fees. Accounts in default are subject to a service
charge of 0.0767% ( or such other maximum amount permitted by law ) per
day on the outstanding balance. Termination of Services shall not
relieve customer from the obligation to satisfy outstanding amounts due
and payable. In the event DependableHost.net utilizes an attorney and/or collection
agency to collect any unpaid amounts, Customer shall be responsible for
the payment of all of DependableHost.net's attorneys' fees, collection agency fees,
and all other costs related to the collection of outstanding amounts.
Service Level Guarantee
DependableHost.net guarantees a 99.9% up time service level. If you are unable to
obtain 99.9% access to your website, DependableHost.net will, on an as-requested
basis, issue a pro rated credit to you for future services conditional
upon your submission of proof that 99.9% up time was not achieved as
documented by an industry recognized and reputable third party
monitoring service such as that of Alertra.com service. This guarantee
shall not apply in the event of Force Majeur (as described below),
scheduled maintenance periods, inability to access applications or
scripts running on the server or if customer’s account is not in good
standing at the time of the outage.
30-Day Money Back Guarantee
If
you are not completely satisfied for any reason within the first 30
days of purchasing a hosting or reseller plan, you will be given a full
refund of the fees paid in advance upon plan cancellation. The 30-Day
Money Back Guarantee is only available to new customers and cannot be
invoked by anyone who has ever previously been a customer of DependableHost.net or
has been a customer of DependableHost.net for over 30 days. The following services
are not covered by the 30-Day Money Back Guarantee and are
non-refundable for any reason: additional items and services; domain
name registration; dedicated servers; virtual dedicated servers; plan
renewals; plan upgrades; plan term extensions; SSL certificates; and
overage fees. To invoke the 30-Day Money Back Guarantee, you must
cancel your plan exactly as outlined in the “Termination by Customer”
section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE.
Refunds
Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE
DependableHost.net'S 30-DAY MONEY BACK GUARANTEE.
Credit Card Chargebacks
Any Customer who initiates a chargeback on their credit card, (removal
of DependableHost.net’s debit of your credit card account for Fees) will be subject
to (1) an Administrative Fee of $100.00 per chargeback, (2) re-payment
of the amount(s) originally charged to the credit card (3) and
immediate termination of all Customer’s Plan(s).
Customer understands that DependableHost.net is operated by Digital Sounds
Entertainment, LLC whom which will charge the credit/debit card. Charges
will show on customers statement as "DIGITAL SOUNDS ENTERTAIN".
Term
The term of this Agreement shall be as set forth in the Order Form,
unless otherwise terminated under this Agreement. The Term shall begin
upon commencement of the Services to Customer. After the Initial Term,
this Agreement shall automatically renew for successive like periods
unless terminated in accordance with this Agreement . The Initial Term
and all successive renewal periods shall be referred to, collectively,
as the "Term".
Termination by Customer
All plans automatically renew until terminated. In order to terminate or cancel your plan, you must submit the online account termination form at
https://www.dependablehost.net/terminate.htm.
Any attempts to cancel by phone, email, live chat, or any other method
will be rejected and billing will continue until these instructions
have been followed. Please be aware that there are absolutely no
refunds available outside the 30-day money back guarantee.
Termination requests must be received a minimum of SEVEN (7) days prior
to the end of your plan's term to prevent automatic renewal .
If a plan has already been renewed, there are absolutely no refunds
available for any reason. DependableHost.net is unable to cancel your account
effective for a future date. Once the online account termination form
has been submitted, your request will be placed in our service
cancellations queue and you will receive a confirmation email.
Online account termination form:
https://www.dependablehost.net/terminate.htm
Knowledge and Expertise
Use of the Plan(s) requires a certain amount of knowledge of Internet
programming Languages, protocols and software, and other technological
information. By establishing a Plan, you or your webmaster represent
that you have the knowledge necessary to maintain your web site.
DependableHost.net
will not advise, teach, supply or provide any such knowledge or
customer support outside of the scope of the Plan(s).
DependableHost.net/Customer Communications
Customer shall direct all communications through our ticket system at
http://www.DependableHost.net/support.html.
Ownership of Website
You have previously developed, planned and created source and object
code for purposes of creating an operational Web site (collectively,
the “Website”). The Website is owned exclusively by you or your agents.
In the event a dispute arises over ownership of your web sites and/or
the Plan established with DependableHost.net, you agree to fully comply with any
and all of DependableHost.net’s security measures.
Internet Protocol (IP) Address Ownership
During the Term of this Agreement, DependableHost.net may provide you with a
restricted license to use an Internet Protocol ("IP") address. You may
use the IP address only as provided by DependableHost.net. DependableHost.net shall maintain
and control ownership of all IP numbers and addresses that may be
assigned to Customer by DependableHost.net, and DependableHost.net reserves the right to change
or remove any and all such IP numbers and addresses, in its sole and
absolute discretion.
Employee Solicitation
You agree NOT to approach DependableHost.net's employees with any offer to hire
them as your own employees or contractors. If you hire any of DependableHost.net's
employees, you agree to pay DependableHost.net the greater amount of such
employee’s three year salary or $300,000.
Advertising & Marketing
You agree that during the term of this Agreement DependableHost.net may publicly
refer to you, orally and in writing, as a customer of DependableHost.net. Any other
public reference requires your written consent.
Warranties and Representations
You warrant and represent to DependableHost.net that you are (1) at least eighteen
18 years of age; (2) you possess the legal right and ability to enter
this Agreement; (3) you will use the Plan(s) only for lawful purposes
and in accordance with this Agreement and all policies and guidelines
that may apply; (4) you will be financially responsible for your
Plan(s); (5) you have acquired, or will acquire all necessary
arrangements for hypertext links to a third party Web sites or other
content; (6) you have verified or will verify the accuracy of materials
distributed or made available through use of the Plan(s), including,
without limitation, your content, claims, warranties, guarantees,
nature of business, and address where business is conducted, and (7)
your content does not infringe or violate any right of any third party
(including intellectual property rights) or violate any applicable law,
regulation or ordinance.
Disclaimers and Limitations
You expressly agree that the use of Services or any information
provided by DependableHost.net is at your sole risk. Neither DependableHost.net, nor its
affiliates, nor any of its officers, directors, employees, agents,
third-party content providers, or licensors (collectively,
“Providers”), or the like, warrant that this site or the Services
provided will be uninterrupted or error-free; nor does DependableHost.net make any
warranty as to the results that may be obtained from the use of the
Services.
THE SERVICES, WEB SITES AND THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN
"AS IS," “WHERE AVAILABLE” BASIS. DEPENDABLEHOST.NET AND ITS PROVIDERS DISCLAIM ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES
IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
YOU AGREE THAT NEITHER DEPENDABLEHOST.NET NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY
DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM
YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS
SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT,
OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT
ACT, SHALL DEPENDABLEHOST.NET OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO
THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY DEPENDABLEHOST.NET OR
ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR
DISPLAYED ON DEPENDABLEHOST.NET’S SITES, YOUR USE OF, OR INABILITY TO USE
DEPENDABLEHOST.NET’S
SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF WHETHER DEPENDABLEHOST.NET OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, DependableHost.net's
maximum liability under this Agreement for all damages, losses, costs
and causes of actions from any and all claims (whether in contract,
tort, including negligence, quasi- contract, statutory or otherwise)
shall not exceed the actual dollar amount paid by Customer for the
Services which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or loss
occurred or the cause of action arose. The terms of this section shall
survive any termination of this Agreement.
Indemnification
Customer shall defend, indemnify and hold harmless DependableHost.net, its
affiliates and their respective present, former and future officers,
directors, employees and agents, and their respective heirs, legal
representatives, successors and assigns (collectively the
"Indemnitees"), from and against any and all losses, damages, costs,
liabilities and expenses (including, without limitation, amounts paid
in settlement and reasonable attorneys' fees) which any of the
Indemnitees may suffer, incur or sustain resulting from or arising out
of (i) Customer's breach of any representation, warranty, covenant or
agreement contained this Agreement or any other agreement incorporated
by reference, (ii) Customer’s information stored on DependableHost.net’s server,
the Customer’s web site or an end user's use of the such information or
the Customer’s web site, (iii) violation by Customer or any of its
officers, directors, employees or agents of any applicable law, rule,
regulation or order, (iv) claims or actions of third parties alleging
misappropriation of trade secrets or infringement of patents,
copyrights, trademarks or other intellectual property rights arising
from the use, display or publication of the Customer’s information or
the use in connection with services, software or information not
provided by DependableHost.net, (v) claims or actions by third parties relating to
or arising out of Customer's use of the Services, and (vi) any failure
of Customer’s information or any aspect of the Customer web site to be
compatible with the hardware or software used by DependableHost.net to provide the
Services, including any damage to DependableHost.net’s servers or other hardware
caused thereby. The terms of this section shall survive any termination
of this Agreement.
Limitations of Claims
Any cause of action you may have with respect to your use of DependableHost.net’s
Services, Web sites or other information must be commenced within one
(1) year after the claim or cause of action arises.
Disclosure
DependableHost.net may reveal any information it deems necessary or appropriate,
including, without limitation, user profile (e.g. name, e-mail address,
etc.), usage history or other material contained on DependableHost.net's system in
order to abide by any applicable laws, lawful governmental requests, to
protect DependableHost.net's systems and customers, or to provide and protect the
quality, functionality, and integrity of DependableHost.net's business and
equipment.
Compliance with Law
You agree that when using the Services you shall comply with all
applicable laws and regulations. You shall not use the Plan(s) or the
Services in any way that violates US export laws, including without
limitation, uses related to the distribution of weapons of mass
destruction, prohibited chemical, biological, or nuclear weapons or
missile use. You agree that you are not located in, under control of,
or a national or resident of any country restricted as a destination by
US law or on the US Treasury Department's list of Specially Designated
Nationals or the US Department of Commerce's Table of Denial Orders.
Severability
In the event that any provision of this Agreement shall be held by any
court of competent jurisdiction to be illegal or unenforceable, such
provision shall be deemed severable and severed from this Agreement and
the remaining provisions hereof shall remain in full force and effect
between the parties.
Copyright or Trademark Infringement
The information provided by DependableHost.net through the use of Services,
including all images, designs, photographs, writings, graphs, data, and
other materials (“DependableHost.net Contents”), as well as the collection,
arrangement and assembly of the DependableHost.net Contents, are the exclusive
property of DependableHost.net and is protected by international and United States
copyrights, trademarks, trade secrets, and/or other proprietary rights.
DependableHost.net Contents may not be used in connection with any other product or
service. Any use of the DependableHost.net Contents, other than as set forth in
this Agreement, including reproduction for purposes of modification,
distribution, or republication without DependableHost.net’s prior written consent,
is strictly prohibited. DependableHost.net acknowledges the rights of third parties
whose trademarks or registered trademarks are referenced at its Web
sites.
The Digital Millennium Copyright
Act ("DMCA") sets forth the law regarding the use of copyrighted
materials on the Internet. All DependableHost.net customers are subject to the
requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a DependableHost.net customer (per the
DMCA) to DependableHost.net must follow the below procedures. Copyright
infringement notifications submitted to DependableHost.net according to these
procedures will be processed within 21 days of receipt. Customers who
are the subject of a DMCA notification that meets the below criteria
may be subject to account termination at DependableHost.net's sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
-
Identification of the material claimed to infringe the copyright(s),
and enough information for DependableHost.net to locate it including URLs and
specific descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone number(s).
-
A statement that the Claimant has a good faith belief that use of the
disputed material is not authorized by the copyright owner or his
agent.
- A statement, under penalty of perjury, that
the information in the notification of copyright infringement is
accurate and that the Claimant is authorized to act on behalf of the
copyright owner.
- Mail the notification to:
DependableHost.net
Abuse Department - DMCA Complaints
8917 South Old State Rd.
Suite 155
Lewis Center, OH 43035 USA
Waiver
No waiver of any obligation, representation or warranty shall be
effective unless in a writing signed by the party to be charged. The
parties waive the application of the doctrines of promissory and
equitable estoppel. The mere delay in enforcement of a right shall not
be a waiver of a default. No waiver by a party of any breach, default
or violation of any provision of this Agreement shall constitute a
waiver of any subsequent breach, default or violation of the same or
other provision of this Agreement. A waiver shall be narrowly
construed. Acceptance of partial performance or payment shall not
constitute a waiver or an accord and satisfaction whether or not there
is a dispute between the parties. A party may unilaterally waive any
condition of which it is the only beneficiary.
Assignment
You may not assign or transfer this Agreement, or any of its rights or
obligations hereunder, without the prior written consent of DependableHost.net. Any
attempted assignment in violation of the foregoing provision shall be
null and void and of no force or effect whatsoever. DependableHost.net may assign
its rights and obligations under this Agreement, and may engage
subcontractors or agents to perform its duties and exercise its rights
hereunder, without the consent of Customer. This Agreement shall be
binding upon and shall inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in
this Agreement is intended, nor shall anything herein be construed to
confer any rights, legal or equitable, in any Person other than the
parties hereto and their respective successors and permitted assigns.
Notwithstanding the foregoing, Customer acknowledges and agrees that
Microsoft, and any supplier of third-party supplier that is identified
as a third-party beneficiary in the Service Description, is an intended
third-party beneficiary of the provisions set forth in this Agreement
as they relate specifically to its products or services and shall have
the right to enforce directly the terms and conditions of this
Agreement with respect to its products or services against Customer as
if it were a party to this Agreement.
Minimum Age Requirement
DependableHost.net customers must be at least 18 years of age. Any individual under
the age of 18 years ("Minor") must have a parent or guardian accept
this Agreement in order for the Minor to become an DependableHost.net customer. A
parent or guardian who accepts this Agreement on behalf of a Minor will
be primarily liable for ensuring complete and proper compliance with
this Agreement, including the timely and full payment of the charges
for DependableHost.net services, and such primary liability will continue even when
the Minor has attained the age of 18, unless the parent or guardian
obtains DependableHost.net's express written consent to the contrary.
Force Majeure
DependableHost.net will not be liable for delays in its performance of this
Agreement or provision of Services which are caused by circumstances
beyond DependableHost.net's reasonable control, including acts of God, wars,
insurrection, civil commotions, riots, national disasters, earthquakes,
strikes, fires, floods, water damage, explosions, shortages of labor or
materials, labor disputes, transportation problems, accidents,
embargoes, or governmental restrictions (collectively "Force Majeure").
DependableHost.net will make reasonable efforts to reduce to a minimum and mitigate
the effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein, lack of finances will not be considered an event of
Force Majeure nor will any event of Force Majeure suspend any
obligation of customers for the payment of money due.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership
or relationship of employer and employee, principal and agent,
partnership or joint venture between DependableHost.net and its customers. Each of
DependableHost.net and its customers will be deemed an independent contractor at
all times and will have no right or authority to assume or create any
obligation on behalf of the other, except as may be expressly provided
herein.
Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is
used, it will be construed as including all genders, and wherever the
singular is used, it will be deemed to include the plural and vice
versa, where the context so requires. The division of this Agreement
into sections/paragraphs, and the insertion of headings/captions, are
for convenience of reference only and will not affect the construction
or interpretation of this Agreement. Any rule of construction to the
effect that any ambiguity is to be resolved against the drafting party
will not be applicable in the construction or interpretation of this
Agreement.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement,
the formation of this Agreement or the breach of this Agreement,
including any claim based upon arising from an alleged tort, shall be
governed by the substantive laws of the State of Michigan. The United
Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING
CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A OHIO STATE OR
FEDERAL COURT LOCATED IN DELAWARE COUNTY, OHIO, AND EACH OF THE
PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF
SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY
SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR
HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR
PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR
PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN
INCONVENIENT FORUM.
Entire Agreement
This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between
the parties with respect to the subject matter hereof, and this
Agreement constitutes the sole and entire agreement between the parties
with respect to the matters covered hereby. In case of a conflict
between this Agreement and any document, correspondence or other
communication, of Customer or DependableHost.net, the terms and conditions of this
Agreement shall control unless otherwise set forth in this Agreement.
Modification
DependableHost.net may change or modify any of the terms and conditions contained
in this Agreement, including any policy or guideline incorporated by
reference, at any time, and you agree to be bound by the revised terms
of this Agreement. Any such modification will become effective upon the
date they are first posted on this site. It is your responsibility to
return to this Agreement from time to time to review the most current
terms and conditions. DependableHost.net does not and will not assume any
obligation to notify you of the changes to this Agreement. Your
continued use of DependableHost.net's Plan(s) will be the reflection of your
cooperation and acceptance of any changes or modifications.
Acceptance
By clicking the following checkbox (also known as Acceptance Checkbox)
you acknowledge that you have read this User Agreement and agree to be
bound by the terms and conditions contained in this document as well as
all policies and guidelines incorporated by reference. You further
agree that the act of submitting your Order Form online is equivalent
to your signature and agree that all the information you submit online
is true and correct to the best of your knowledge.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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