The following Terms of Use apply only to CheapDotNet's Web Hosting and Ecommerce
customers, and supplement the terms in sections C and D that apply to all
CheapDotNet customers:
The following Terms of Use apply only to CheapDotNet's Web Hosting and Ecommerce
customers, and supplement the terms in sections C and D that apply to all
CheapDotNet customers:
The following Terms of Use apply to ALL CheapDotNet customers:
CheapDotNet's services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or
reconnecting customers' account (including all billing data and the space on the
particular Web server that CheapDotNet provides to customers);
- any use by customers, or any access provided to customers by CheapDotNet, of
computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by CheapDotNet to customers, related to
Web hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not;
- any provision by CheapDotNet to customers, of any space, Internet connectivity,
or electrical power;
- any access or use related to the CheapDotNet's Web site, including the Web site
itself;
- any other service mentioned in the TOU;
- any other service provided by CheapDotNet to customers, whether used or not;
- any other CheapDotNet services that are used by customers, whether offered or
provided by CheapDotNet to customers.
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The legal owner of customers' Web sites and accounts with CheapDotNet will be
the individual or organization whose name is listed in CheapDotNet's database as
the owner. Customers will fully cooperate with and abide by any and all of
CheapDotNet's security measures and procedures in the event of any dispute over
ownership of customers' Web sites and accounts with CheapDotNet.
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Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server or
disrupts service to CheapDotNet's customers. The term "spamming" also includes,
but is not limited to, maintaining an open SMTP policy, engaging in spamming
using the service of another ISP or IPP and referencing in the spam a Web site
hosted on a CheapDotNet server, and selling or distributing software (on a Web
site residing on a CheapDotNet server) that facilitates spamming. Violators will
be assessed a minimum fine of US$200 and will face immediate suspension.
CheapDotNet reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
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Violations of system or network security are 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.
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Use of CheapDotNet's services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or
engaging in denial of service attacks is prohibited. It is also prohibited for
any customer to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference with, the
ability of others to effectively use CheapDotNet's services and equipment (or
any connected network, system, service or equipment) or conduct their business
over the Internet.
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The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the
use of copyrighted materials on the Internet. All CheapDotNet customers are
subject to the requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a CheapDotNet customer (per the DMCA)
to CheapDotNet must follow the below procedures. Copyright infringement
notifications submitted to CheapDotNet 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 CheapDotNet'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 CheapDotNet 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:
CheapDotNet Corporation
Legal Department - DMCA Complaints
1 North State Street 12th Floor
Chicago, IL 60602 USA
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The use of CheapDotNet's services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. CheapDotNet is
required by law, and will, notify law enforcement agencies when it becomes aware
of the presence of child pornography on, or being transmitted through, its
services.
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CheapDotNet is concerned with the privacy of on-line communications and Web
sites. In general, the Internet is neither more nor less secure than other means
of communication, including mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised. As a matter of prudence,
however, CheapDotNet urges its customers to assume that all of their on-line
communications are insecure. CheapDotNet cannot take any responsibility for the
security of information transmitted over CheapDotNet's facilities. Additional
details on privacy and CheapDotNet's use of customer information can be found in
CheapDotNet's Privacy Statement located
here.
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Customers are required to use the CheapDotNet network responsibly. This includes
respecting the other customers of CheapDotNet. CheapDotNet reserves the right to
suspend and/or cancel service with any customer who uses the CheapDotNet network
in such a way that adversely affects other CheapDotNet customers. While
CheapDotNet may monitor its service electronically to determine that its
facilities are operating satisfactorily, as a general practice, CheapDotNet does
not monitor its customers' communications or activities to determine whether
they are in compliance with the TOU. However, when CheapDotNet becomes aware of
any violation of the TOU or other user agreements, CheapDotNet may take any
action to stop or correct such violation, including, but not limited to, denying
access to CheapDotNet's services and equipment or to the Internet. In addition,
CheapDotNet may take action against a customer or a customer of such customer
because of the activities of such customer. CheapDotNet anticipates that
customers who offer Internet services will cooperate with CheapDotNet in any
corrective or preventive action that CheapDotNet deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation of
CheapDotNet policy and CheapDotNet reserves the right to take any such action
even though such action may affect other customers of the CheapDotNet customer.
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The failure by a customer to meet or follow any of the TOU is grounds for
account deactivation. CheapDotNet will be the sole arbiter as to what
constitutes a violation of the TOU. CheapDotNet reserves the right to remove any
account without prior notice and to refuse service to anyone at any time. When
CheapDotNet becomes aware of an alleged violation of its TOU, CheapDotNet will
initiate an investigation. During the investigation, CheapDotNet may restrict a
customer's access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, CheapDotNet may, at its sole
discretion, restrict, suspend, or terminate a customer's Web hosting account
and/or pursue other civil remedies. If such violation is a criminal offense,
CheapDotNet will notify the appropriate law enforcement authorities of such
violation. An unlisted activity may also be a violation of the TOU if it is
illegal, irresponsible, or constitutes disruptive use of the Internet.
CheapDotNet does not issue credits for outages incurred through service
disablement resulting from TOU violations. Violators of the policy are
responsible, without limitations, for the cost of labor to rectify any damage
done to the operation of the network and business operations supported by the
network, and to respond to complaints incurred by CheapDotNet.
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CheapDotNet customers agree to protect, defend, hold harmless, and indemnify
CheapDotNet, any third party entity related to CheapDotNet (including, without
limitation, third party vendors), and CheapDotNet's executives, directors,
officers, attorneys, managers, employees, consultants, contractors, agents,
parent companies, subsidiaries, and co-subsidiaries with the same parent company
as CheapDotNet, from and against any and all liabilities, losses, costs,
judgments, damages, claims, or causes of actions, including, without limitation,
any and all legal fees and expenses, arising out of or resulting in any from the
customer's use of CheapDotNet's services.
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The CheapDotNet service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose or
non-infringement. CheapDotNet expressly disclaims any representation or warranty
that the CheapDotNet service will be error-free, secure or uninterrupted. No
oral advice or written information given by CheapDotNet, its employees,
licensors or the like, will create a warranty; nor may you rely on any such
information or advice. CheapDotNet and its partners and suppliers will not be
liable for any cost or damage arising either directly or indirectly from any
transaction or use of the service.
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If a customer becomes insolvent or any bankruptcy petition is filed by the
customer, or any third party against the customer, CheapDotNet may immediately
terminate provision of CheapDotNet's services to the customer without prior
notice or penalty. Such customer consents to the grant of relief from any
automatic stay of proceedings against CheapDotNet in such event.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO
THEORY OF LAW OR EQUITY, WILL CheapDotNet (INCLUDING, WITHOUT LIMITATION,
CheapDotNet'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES,
CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CheapDotNet, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CheapDotNet'S SERVICES, BE
LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES
DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CheapDotNet
SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY
USE OF, OR ANY INABILITY TO USE, ANY CheapDotNet SERVICES EVEN IF CheapDotNet
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CheapDotNet'S TOTAL
CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL
DAMAGES, RELATED TO THE TOU OR CheapDotNet'S SERVICES, INCLUDING, WITHOUT
LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CheapDotNet OR
CheapDotNet'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL
BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE
CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF
ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED
OR THE CAUSE OF ACTION AROSE.
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CheapDotNet may discontinue, upgrade, replace, modify, or change in any way,
without limitation, any software, application, program, data, hardware,
equipment, or portions or components thereof, used to provide customers with
CheapDotNet's services. Certain changes to CheapDotNet's services may affect the
operation of customers' personalized applications and content. Each customer is
solely responsible, and CheapDotNet is not liable, for any and all such
personalized applications and content, except as expressly agreed to by
CheapDotNet.
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Except where CheapDotNet has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and CheapDotNet is in NO way
responsible, for the management and backup of all customer data, and all
updates, upgrades, and patches to any software that customers use in connection
with CheapDotNet services.
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CheapDotNet makes a reasonable effort to provide customers with technologies,
developments, and innovations (collectively "Technologies"), part of which may
be licensed, or co-branded, from or by, third party entities. However,
CheapDotNet makes NO warranty of any kind, either express or implied, regarding
the quality, accuracy, reliability, validity, or continued existence of any or
all aspects of such Technologies. Moreover, CheapDotNet specifically disclaims
all warranties of merchantability and and fitness for a particular purpose for
such Technologies. Furthermore, no customer will hold CheapDotNet liable in any
way for the revocation of any license, which has been licensed to CheapDotNet.
The use of the Technologies obtained from or through CheapDotNet, or any other
referred third party, whether directly or indirectly, is at the sole risk of
customers.
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Any mention of non-CheapDotNet products by CheapDotNet, its employees, or any
third party entity related to CheapDotNet is for information purposes only and
does not constitute an endorsement or recommendation by CheapDotNet. CheapDotNet
disclaims any and all liabilities for any representation or warranty made by the
vendors of such non-CheapDotNet products or services.
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Customers will not, without CheapDotNet's express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in part, that
is located on CheapDotNet's Web site, and customers will not use any of
CheapDotNet's trademarks, service marks, copyrighted materials, or other
intellectual property without CheapDotNet's express written consent. Customers
will not, in any way, misrepresent their relationship with CheapDotNet, attempt
to pass themselves off as CheapDotNet, or claim that customers are CheapDotNet.
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Customers may not assign or delegate their rights or obligations under the TOU
or other agreement for CheapDotNet's services, either in whole or in part,
without the prior written consent of CheapDotNet.
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CheapDotNet 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 the TOU in order
for the Minor to become a CheapDotNet customer. A parent or guardian who accepts
the TOU on behalf of a Minor will be primarily liable for ensuring complete and
proper compliance with the TOU, including the timely and full payment of the
charges for CheapDotNet services, and such primary liability will continue even
when the Minor has attained the age of 18, unless the parent or guardian obtains
CheapDotNet's express written consent to the contrary. Any acceptance of the TOU
or any other agreement for CheapDotNet's services will be deemed null and void
to the extent that CheapDotNet will not be liable in any way as a result of the
Minor's age or legal incapacity or the Minor's use of CheapDotNet's services.
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The TOU, and any other agreement for CheapDotNet services, will be governed by
and construed in accordance with the laws of the State of Illinois, USA without
reference to its conflicts of laws principles. Any litigation or arbitration
between a customer and CheapDotNet will take place in Illinois, and the customer
will consent to personal jurisdiction and venue in that jurisdiction. If any
provision or portion of the TOU or other CheapDotNet agreement is found by a
court of competent jurisdiction to be unenforceable for any reason, the
remainder of the TOU or the agreement will continue in full force and effect.
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Wherever in this TOU 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 the TOU into sections/paragraphs, and the insertion of
headings/captions, are for convenience of reference only and will not affect the
construction or interpretation of the TOU. 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 the TOU.
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The TOU, and/or any other specific agreement for CheapDotNet services,
constitutes the complete understanding and agreement between CheapDotNet and its
customers. Except when expressly agreed to the contrary in signed writing by an
authorized representative of CheapDotNet, the TOU supersedes any other written
(including digitized/computerized) agreement, oral agreement, and/or agreement
by conduct. This TOU, and/or any other specific agreement for CheapDotNet
services is between CheapDotNet and its customers only and will not confer any
rights in any third party except as otherwise expressly provided by CheapDotNet. |
The following Terms of Use constitute CheapDotNet's Billing Policy and apply to
ALL CheapDotNet customers: