-~ [Terms Of Service & Acceptable Use Policy ] ~-
*All Payments To Door County Hosting Are Non-Refundable Except As Outlined In The TOS/AUP*
Door County Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS/AUP (Terms of Service/Acceptable Use Policy).
Use of Door County Hosting Service constitutes acceptance and agreement to Door County Hosting's TOS/AUP.
All provisions of this contract are subject to the TOS (Terms of Service) of Door County Hosting, and AUP (Acceptable Use Policy). The TOS/AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS/AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of Wisconsin and the United States of America. Venue will be Wisconsin, USA.
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Door County Hosting shall have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Subscriber will be charged the original cost of their plan at time of sign-up.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's or year's service.
- Payments and Fees: Service will be interrupted on accounts that reach 15 days past due. Service interrupted for non-payment is subject to a $5.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by Door County Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Refunds and Disputes: All payments to Door County Hosting are non-refundable. This includes any setup fees and subsequent charges regardless of usage. Payments that fall under The Company's "30 Day Guarantee" are refundable under the terms set in said guarantee. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Door County Hosting's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Door County Hosting an "Administrative Fee" of not less than $50 and not more than $150.
- Free Domain Offer: A one year new domain registration service is offered free with all Business and Innovator Class Plans. Free Domain Offer is good for new domain registration only. Offer provided AT TIME OF ORDERING ONLY. Free Domain Offer EXCLUDES the .name TLD. Should you terminate service in conjunction with the 15/30 Day Money Back Guarantee as described below, you will not be refunded the cost of the domain as priced here: http://www.DoorCountyHosting.com/domains.dch
- 15/30 Day Money Back Guarantee: Door County Hosting allows subscribers to review their service for 30 days when paid Quarterly, Semi-Annually, Annually, 2-Year, 3-Year; and 15 days when paid Monthly. If for any reason the subscriber wishes to terminate their account, the subscriber may do so as outlined in this TOS. Subscriber will receive 100% of payment returned to them less the cost of Domains. Domain purchases are not included in the 15/30 day money back guarantee. Subscribers that violate this TOS/AUP will not be eligible for the "15/30 Day Money Back Guarantee". This Guarantee applies ONLY to your initial service term. All future renewals/purchases do not qualify for this Guarantee.
- Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Requests for canceling
accounts may be made in writing with at least 7 days
notice but not more than 30 days prior.
Door County Hosting
PO Box 495
Baileys Harbor, WI 54202-0495
USA
Door County Hosting's preferred method of cancellation is via the Support Center. Please log in at http://supportdc.com and you can request to have your account cancelled via the Suppor Department ticket system.
You MUST include the following information in your request: Account Username, Domain, and Billing Address/Phone Number On File with Door County Hosting.
- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee.
- Support Boundaries: Door County Hosting, provides technical support to our subscribers within a 24 hour period (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Door County Hosting provides support related to your server or virtual site physically functioning and operation of the cPanel and Web Host Manager systems. Door County Hosting does not offer tech support for application specific issues such as cgi programming, html, Fantastico installed applications, or any other such issue. Door County Hosting does not provide technical support for YOUR customers. Methods of support are available here: http://www.DoorCountyHosting.com/contact.dch
- SPAM and Unsolicited Commercial Email (UCE):
Door County Hosting takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of Door County Hosting
may not use or permit others to use our network to transact
in SPAM/UCE. Customers of Door County Hosting may not host, or permit
hosting of, sites or information that is advertised by
SPAM/UCE from other networks. In addition, it is not acceptable
to transmit bulk email through remote SOCKS, HTTP or other
similar proxies who in turn make a SMTP connection to the destination mail servers. This technique
may result in account suspension or termination. Violations
of this policy carry severe penalties, including termination
of service. In order to prevent unnecessary blacklisting
due to SPAM/UCE we reserve the right to occasionally sample
bulk email being sent from our servers.
"Spamvertised" Domains: Door County Hosting holds a zero tolerence approach to the hosting of spamvertised domains on it's network. Spamvertised domains are any domain which is advertised by use of SPAM/UCE sent though networks outside of Door County Hosting's control and/or network.- Violation of Door County Hosting's SPAM/UCE policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Door County Hosting will initiate an immediate investigation (within 1 hour of notification). During the investigation, Door County Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Door County Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Door County Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Door County Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Door County Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the Door County Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: Anyone hosting websites or services that support spammers or cause any of our IP addresses to be listed in any of the various Spam Databases will have their services immediately removed from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to inspect and confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the customer account from our network without notice to the customer. Any customer account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- Network
- IP Address Ownership: If Door County Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Door County Hosting , and Customer shall have no right to use that Internet Protocol address except as permitted by Door County Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Door County Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Door County Hosting, and Door County Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by the American Registry for Internet Numbers' (ARIN) policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Door County Hosting will monitor Customer's bandwidth and disk usage. Door County Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Door County Hosting's sole and absolute discretion. If Door County Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Door County Hosting may, at its sole discretion, collect a deposit, in an reasonable amount determined by Door County Hosting, against customer's credit card on file with Door County Hosting.
- System and Network Security: Users are prohibited
from violating or attempting to violate the security
of the Door County Hosting Network. Violations of system
or network security may result in civil or criminal
liability. Door County Hosting will investigate occurrences,
which may involve such violations and may involve,
and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations.
These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Notification of Violation:
- Door County Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Door County Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject, at Door County Hosting's discretion, to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Door County Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right, to drop the section of IP blocks involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
- Suspension of Service or Cancellation: Door County Hosting reserves the right to suspend network access to any customer if in the judgment of the Door County Hosting network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Door County Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
- Investigations: Door County Hosting reserves the right to collect an administrative fee when investigating account and network activity of the Customer. This includes, but not limited to, the investigations of any illegal activity or activity in violation of this TOS/AUP. The administrative fee shall not be less than $50 per hour nor more than $150 per hour.
- Door County Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Door County Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
- Indemnification: Door County Hosting wishes to emphasize that in agreeing to the Door County Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Door County Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Door County Hosting or the bringing of any claim against Door County Hosting by any third-party. This means that if Door County Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Door County Hosting, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of
preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Door County Hosting takes no responsibility for any material input by others and not posted to the Door County Hosting Network by Door County Hosting. Door County Hosting is not responsible for the content of any other websites linked to the Door County Hosting Network; links are provided as Internet navigation tools only. Door County Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Door County Hosting is not responsible for any damages your business may suffer. Door County Hosting does not make implied or written warranties for any of our services. Door County Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Door County Hosting.
- It is absolutely forbidden to host pornographic content or IRC servers/bots on Customer Accounts. We also disallow hacking, dDoS bots and warez. Any Customer Accounts found hosting this material will be subject to immediate termination without refund.
- Responsibility for Content: You, as Door County Hosting's customer, are solely responsible for the content stored on and served by your Door County Hosting account.
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3rd Party Applications: Door County Hosting may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Door County Hosting has established with certain commercial vendors, including without limitation, Fantastico ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is not provided by Door County Hosting and not by the Third Party Vendor; And in most cases it's supported by the application's developer. Neither Door County Hosting nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Door County Hosting or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Door County Hosting nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Door County Hosting with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
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Abuse Toward Door County Hosting Staff: Door County Hosting treats it's clients with respect. As such, we expect the same respect in return. Abuse toward Door County Hosting staff is not tolerated to any extent. The use of threats, vulgar language and/or obscenities is not acceptable. Door County Hosting reserves the right to Terminate Client Services for abuse and the right to determine when to apply said Termination. No refund will be provided under these terms.
