These Terms of Service (hereinafter referred to as the "Terms") apply to 
(hereinafter referred to as the "Company"), which operates "DoDo Point" (the website under https://dodos.me/; hereinafter referred to as "this Service"), and all corporations and individuals who use the Company's website, hosting and domain services, affiliates, and point services. Please read these Terms carefully to understand the terms and conditions before purchasing or using our products and services.
Services
this Service agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Terms
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Membership Registration
ustomers who wish to register for membership shall apply for registration according to the method prescribed by the Company after understanding and agreeing to all items of these Terms.
Eligibility for membership registration is limited to those who meet all of the following conditions: a) An individual who has reached the age of majority or a legal entity. However, if the individual is a person with limited capacity to act, consent from a legal representative or similar authority is required. b) A person who maintains an email address through which the Company is able to provide notification and contact. c) A person who meets other membership registration qualifications prescribed by the Company from time to time.
In principle, there shall be only one membership registration per individual or legal entity.
Acceptance of Terms
Customers shall be deemed to have accepted these Terms upon the occurrence of any of the following events: a) Use of the information and content provided by the Company; b) Application for membership services provided by the Company.
If you do not agree to these Terms, you may not use this Service. Members may withdraw from membership through the procedures prescribed by the Company.
In addition to these Terms, all provisions, rules, precautions, notices, and other announcements published by this Service shall constitute an integral part of these Terms, and customers shall use the services upon accepting them.
Approval and Cancellation of Membership
Customers who wish to register for membership shall agree to these Terms and submit the information required for membership registration in accordance with the procedures prescribed by the Company.
The Company may not approve the admission of an applicant for membership registration if the applicant falls under any of the following items. Furthermore, even after approval, the Company may cancel the approval if it is found that any of the following items apply. If approval is cancelled, the services currently in use will be cancelled, and any points associated with the membership registration will naturally be forfeited.
a) In the event of an act that violates the Terms or the method of use prescribed by the Company;
b) In the event that the registered information is inaccurate, such as being false or containing clerical errors;
c) In the event that the Company is unable to contact the applicant via email;
d) In the case of registration by a person other than an individual;
e) In the event that the registrant is under 16 years of age, unless consent from a legal representative or similar authority has been obtained;
f) In the event that the applicant is already a member and has performed a duplicate registration (including cases where the registration is recognized as being substantially duplicated);
g) In the event that registration was performed in the name of another person (including family members);
h) In the event of registration by a non-existent person; i) In the event that the person resides outside of Japan or has their base of life outside of Japan;
j) In the case of an applicant whose use of this service has been cancelled or suspended in the past;
k) In the event that re-registration is performed within 90 days from the date the registered account was withdrawn (deleted) in the past;
l) In the event of falling under any of the prohibited items described in these Terms;
m) In any other cases where the Company determines it to be inappropriate for any reasonable reason.
Membership Withdrawal
If a Member wishes to withdraw from this Service, the withdrawal shall be conducted in the manner prescribed by the Company. Upon withdrawal, the Member shall lose all points earned through this Service and all other rights related to the use of this Service. Furthermore, even in the event of re-registration, forfeited points and other rights shall not be restored, and the Member shall not acquire any claims against the Company.
If a Member withdraws while a request for point exchange is incomplete, the points currently being processed for exchange shall be invalidated, and the Member shall lose all rights related to the use of this Service.
If a Member re-registers after withdrawing from this Service, certain restrictions shall apply (including, but not limited to, the inability to register the same financial institution account used prior to withdrawal for 90 days from the date of withdrawal), and the Member shall agree to these restrictions upon re-registration.
Usage Conditions of this Service
Customers are responsible for monitoring their monthly storage capacity and bandwidth transfer. Customers who exceed their account limits will be sent an email with the option to either upgrade their account or reduce their store and/or storage. If a customer continues to exceed the limits, the Company will do everything possible to resolve the issue. The Company reserves the right to ban accounts for persistent problems.
If a customer applies for a monthly service and cancels it within the first month, the full amount of the first month's usage fee will be charged.
Granting of Points
The Company shall grant a certain number of points, as determined by the Company, to a Member when the Member performs any of the acts specified in the following items and the Company approves the result according to the criteria set by the Company. There are two types of points (Reward Points and Prepaid Points), each with a different validity period. In some cases, products or other items may be granted directly instead of points.
One Reward Point or one Prepaid Point shall be equivalent to 1 US cent (USD). Prepaid Points can be purchased in USD.
Ownership of the points belongs to the user, and they may only be used for services designated by the platform. Any form of resale for commercial purposes is strictly prohibited.
a) Responding to offers from partner companies (including solicitations for marketing activities such as membership registration, purchase of or subscription to products, services, or rights, access to specific websites, sending of materials, or responding to surveys) by visiting the websites of partner companies through advertisements in emails provided to Members by this Service or advertisements on this site;
b) Applying for sweepstakes promotions conducted by the Company or partner companies;
c) Topping up Prepaid Points through a payment collection agency for the purpose of purchasing services or products within this Service;
d) Other acts separately determined by the Company and presented to Members.
After a Member has achieved a result, the Company will, at its sole discretion, determine whether or not the Member's action is to be considered a result eligible for point granting. When approval is granted by the Company as a result of the determination, the points in question will be recorded in the Member's Point Passbook.
The Company may cancel points once they have been granted if the Member fails to comply with the rules and conditions set by the Company, if it is found that the method of achieving the result was fraudulent or inappropriate, if the result fails to meet the criteria set by the Company, or if the Company otherwise determines that the granting of points is inappropriate.
If points earned or cancelled in accordance with the rules set forth in each paragraph of this Article are not correctly recorded in a Member's Point Passbook due to a malfunction of the point granting program or other reasons, the Company may, at its discretion, make adjustments and change the record to the correct point display.
The validity period of points other than Prepaid Points (which have a 180-day validity period) shall be indefinite. However, if the Member withdraws from membership or if 180 days have passed since the date of the last action (such as exchange or transfer) (the final date recorded in the Point Passbook), the Member will be treated as having withdrawn, and the points will automatically expire.
To purchase Prepaid Points, you must pay the amount equivalent to the desired number of points through a payment collection agency designated by the Company or into the Company's bank account. If the amount received is less than the amount for the desired points due to deductions for fees by financial institutions or other reasons, the points will be added after deducting such amounts.
In the event that the granted points are Prepaid Points, if 180 days have passed from the date of issuance, the remaining balance for the expired period will automatically expire.
If points are not granted normally due to unexpected operations such as server congestion, natural disasters, or malfunctions in the user's communication status, the granting of points to the user in question will be invalidated. However, this shall not apply in cases where the Company has confirmed the approval of the user's results.
If points are granted with incorrect details due to a failure to properly perform operations that should have been provided to the user, such as server congestion or a system bug in the program, the Company may correct or change the points to the accurate details.
The Company may cancel the granting of points, products, or other items if a Member refuses to provide information requested by the Company in connection with such granting.
Invalidation, Cancellation, and Correction/Change of Points
The Company may invalidate or cancel some or all of the points accumulated in a Member's Point Passbook if the Member has not followed the rules and conditions set by the partner company or the Company, if it is discovered that the method of point exchange or acquisition was fraudulent or false, if the results did not meet the criteria set by the partner company or the Company, or if any of the following items apply. Furthermore, the Company shall not provide any compensation or bear any responsibility for cancelled points. Note that if points earned or cancelled in accordance with the rules set forth in each paragraph of this Article are not correctly displayed for a Member due to a malfunction of the point granting program or other reasons, the Company may, at its discretion, make adjustments and change the display to the correct point amount.
a) If a Member has performed duplicate registration as a single individual;
b) If a partner company or partner medium requests the cancellation of points granted to a Member and the Company deems such request to be justified;
c) If products or services purchased from a partner company are returned or cancelled based on a request from the Member;
d) If information reported to the Company or a partner company contains false statements, clerical errors, or fraudulent representations;
e) If a Member has acquired points by fraudulent means;
f) If a Member violates these Terms;
g) If it can be reasonably determined that more points than should have been granted were given to a Member due to a system bug or other reasons;
h) If a Member refuses to provide information requested by the Company in connection with the granting of points to the Member;
i) If points are not granted normally due to unexpected operations such as server congestion, earthquakes, or malfunctions in the user's communication status; provided, however, that this shall not apply in cases where the Company has confirmed the approval of the user's results;
j) If points are granted with incorrect details due to a failure to properly perform operations that should have been provided to the user, such as server congestion or a system bug in the program;
k) Any other cases where the Company determines it to be appropriate to cancel the points granted to a Member.
Exchange of Points for Services, Products, etc.
The Company provides the following exchange methods for points... Points must be exchanged by the Member personally. As stipulated in the Granting of Points section, resale for commercial purposes or transfer to any third party is strictly prohibited.
In the event that there is an error in the information regarding the destination of a point exchange request, only for destinations for which a reversal fee is set, the prescribed reversal fee shall be deducted from the points requested, and the remaining points shall be returned to the Member's Point Passbook.
Exchange for products, etc.: If an application through the procedures prescribed by the Company is established, the Company shall provide a method for exchange for products, etc., provided by the Company's partner companies. In this case, the Company shall obtain the Member's personal information from the Member to the extent necessary for purposes such as product shipping and shall disclose it to the partner company or the delivery service contractor.
The Company shall from time to time set products, etc., that can be exchanged for the points granted to Members and shall post them on the Company's website.
Members shall report the shipping address, contact information, and other necessary information for the products, etc., at the time of the point exchange request. The Company shall send the products, etc., to the Member's name and residential address reported to the Company by the Member. Products, etc., cannot be sent to a name other than the Member's own or to a P.O. box. In the event that the delivery of the products, etc., is not completed, reshipping shall not be performed under any circumstances. Members may not cancel or change an application after having made an offer for the exchange of products, etc. Points used for a reward exchange for which an application has once been made cannot be refunded to the Point Passbook again.
Notwithstanding the preceding paragraph, this shall not apply in cases where the Company specifically approves it.
Payments
Renewal notices are emailed three days before the actual renew date in your account. If you're using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee will be added. this Service reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify this Service to request for termination of services. Although we are based in the UK our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle this Service can not refund any payments made before.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Refund Policy
1. Orders for digital products and services (including domain registration, renewal, etc.) cannot be canceled once they have been processed and delivered. Customers are encouraged to thoroughly review their purchase details before completing the transaction.
2. Return/Refund Policy:
2.1. Digital Products and Domain Registration:
Due to the nature of digital products, refunds are generally not accepted. Once a digital product has been downloaded or accessed, it is considered a final sale.
Services such as domain registration, renewal, and transfer are considered final sales once the procedures with the relevant registry have been completed, and no refunds will be provided.
2.2. Circumstances Eligible for Refunds:
Refunds for digital products may be considered in the following exceptional cases:
- If the product was not delivered as described.
- If there are technical issues preventing access to the product that cannot be resolved within a reasonable period.
- If duplicate purchases occurred due to a technical error.
- If domain registration was attempted but not completed due to a technical error.
2.3. How to Request a Refund:
If you wish to request a refund, please contact the operating company with your order details and an explanation of the issue (please refer to the Contact Us page).
Each request will be reviewed individually, and the operating company reserves the right to approve or deny the refund at its sole discretion.
Refund methods are as follows:
- Credit Card Payment: If a refund is possible through the credit card network, it will be processed through that method.
- Point Payment: The points used for the payment will be refunded to your account.
- Other Methods: If a refund cannot be made by either of the above methods, the operator will select a reasonable and appropriate method for the refund. In such cases, any transfer fees or other costs may be the responsibility of the customer.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of this Service is strictly prohibited.
this Service will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to this Service, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - this Service has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by this Service to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
this Service will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your this Service client account.
Bandwidth Abuse
The intention of this Service is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. this Service will be the sole arbiter as to what constitutes a violation of this provision.
AUP
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that this Service hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of this Service notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with this Service reasonable investigation of any suspected violation of the AUP. In the event of a dispute between this Service and Customer regarding the interpretation of the AUP, this Service commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to this Service that the information he, she or it has provided and will provide to this Service for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to this Service that he or she is at least 18 years of age. this Service may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited email & spamming
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. this Service takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through this Service ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% Uptime Gurantee
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with this Service at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - this Service endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from this Service to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via this Service's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the this Service NOC.
this Service's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the this Service network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, this Service will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at this Service,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond this Service's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in this Service's 'Terms & Conditions and AUP' causing a machine to fail as a result.
Technical Support Limits
this Service provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is this Service obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
CGI SCRIPTS
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Indemnification
Customer agrees to indemnify and hold harmless this Service, this Service's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS this Service AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH this Service'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM this Service'S SERVER.
Disclaimer of Warranties
this Service does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law this Service disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of this Service and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that this Service may suspend services to Customer without notice and without liability if: (i) this Service reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) this Service reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay this Service reasonable reinstatement fee if service is this Service following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if this Service fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by this Service prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from this Service describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that this Service may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that this Service believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by this Service not with standing any agreement by this Service to provide back up services.
Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
Changes To this Service's Network
Upgrades and other changes in this Service's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. this Service reserves the right to change its network in its commercially reasonable discretion, and this Service shall not be liable for any resulting harm to Customer.
Notices
Notices to this Service under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majored
this Service shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond this Service's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on this Service unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without this Service's prior written consent. this Service's approval for assignment is contingent on the assignee meeting this Service's credit approval criteria. this Service may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Copyright Files
All files stored on this Service's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
Cancelation Of Service
this Service reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by this Service if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
Promotional Rates & Special Offers
this Service may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
Intellectual Property Rights
Material accessible to you through this Service's services may be subject to protection under the Hong Kong Special Administrative Region of the People’s Republic of China or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use this Service or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the this Service network. If YOU use a domain name in connection with this Service or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the this Service network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. this Service will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Electronic Commerce
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Static & Dynamic Content Caching
YOU expressly
(i) grant to this Service a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by this Service under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
this Service shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by this Service. this Service reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
YOU agree to pay this Service prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the this Service price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. this Service reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from this Service to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by this Service) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to this Service as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. this Service will reinstate YOUR domain name registration solely at this Service's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Domain Name Transfer to this Service
YOU agree to pay this Service prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the this Service price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
this Service reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from this Service to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by this Service) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to this Service as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. this Service will reinstate YOUR domain name registration solely at this Service discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Domain Name Transfer away from this Service
this Service reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and this Service will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Lawful Purpose
this Service reserves the right to refuse service to anyone. YOU may only use this Service server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the Hong Kong Special Administrative Region of the People’s Republic of China, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of this Service management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that this Service may disclose any and all YOUR 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.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in the Hong Kong Special Administrative Region of the People’s Republic of China, and any dispute will be litigated or arbitrated in the Hong Kong Special Administrative Region of the People’s Republic of China. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL this Service'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Privacy Statement
this Service follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
