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Bad
Dog Hosting Terms and Conditions
January, 2016
A. INTRODUCTION
Bad Dog Hosting (BadDogHosting.com™) provides internet website
hosting, internet email services, e-commerce (electronic
commerce) services, and domain registration services. All
services provided to the customer by BadDogHosting.com™
may be used for lawful purposes only. Please read this user
agreement carefully. By submitting an order and/or using
any services offered by BadDogHosting.com™, you are agreeing
to be bound by the terms and conditions of this agreement.
BadDogHosting.com™ reserves the right to revise, change
or amend any portion of this policy at any time (customers
should contact us or check this document periodically to
determine if changes have been made). We also reserve the
right to suspend or cancel any services based on non-compliance
with or violation of this agreement at BadDogHosting.com's
sole discretion. Depending on the circumstances of the violation,
services may be cancelled or suspended without refund and/or,
if deemed appropriate, BadDogHosting.com™ reserves the right
to prosecute violators to the fullest extent of the law.
This document represents the BadDogHosting.com™ Acceptable
Use Policy (“AUP”) in its entirety and supercedes any other
written or oral policy.
B.
OVERVIEW:
The
following text provides an overview of the information contained
in this document:
-
Services provided by BadDogHosting.com may be used only
for lawful purposes. Unlawful purposes include, but are
not limited to the use of intellectual property protected
by copyright or trademark (without proper authorization),
and/or using BadDogHosting.com services or equipment to
transfer or store illegal MP3s and/or pirated software.
BadDogHosting.com
prohibits websites containing instructions, links, or references
to illegal material.
-
Adult material is strictly prohibited. Such material must
not be stored on BadDogHosting.com's servers or transfered
via the use of BadDogHosting.com's owned or rented equipment.
- Website
storage space is intended for the storage of material
related to a customer's website, websites, email, or listservers
only. Storage space is not to be used in any other way.
It is strictly prohibited to transfer or store material
not directly or indirectly related to services provided
by BadDogHosting.com on BadDogHosting.com's servers.
- Customer
accounts may be suspended or cancelled without refund
if customer engages in activities that negatively affect
other BadDogHosting.com customers' accounts or any of
BadDogHosting.com's rented or owned equipment. Accounts
may also be suspended or cancelled without refund if customer
causes loss of service, or negatively impacts service(s)
provided to other BadDogHosting.com customers, BadDogHosting.com
servers, or outside networks.
1. INTERPRETATION
The
provisions of this Policy are intended as guidelines and
not meant to be exhaustive. In general, any conduct that
violates any laws, regulations, or any of the accepted norms
of the Internet community, whether or not expressly mentioned
in this Policy, is prohibited. BadDogHosting.com reserves
the exclusive right at any and all times to prohibit activities
that any in way damage its commercial reputation and goodwill.
2.
SYSTEM AND NETWORK SECURITY
Activities strictly prohibited:
o Tampering
with other accounts, or committing unauthorized intrusions
into any part of BadDogHosting.com or related systems, or
use of any servers, files, accounts, or networks to intrude
without authorization into any other system or systems is
strictly prohibited.
o Using
accounts not provided or intended for use by Customer, or
circumventing security provisions in order to access services
without incurring charges.
o Using
the system in a manner that unfairly encumbers disk space,
processors or other system resources beyond those provided
as part of the service or services purchased.
o Making
deliberate attempts to interfere with a service, overload
a service or attempt to disable a host.
3. EMAIL
Activities strictly prohibited:
o Sending
commercial e-mail to a recipient if recipient has requested
that Customer discontinue such communication.
o Transmitting
e-mail that is harassing, libelous, defamatory, legally
obscene or pornographic, threatening, abusive or hateful
to non-consenting recipients.
o Forging
e-mail header information in any way.
o Using
a Customer’s account, or network connection, to collect
e-mail replies of messages sent from any other provider
that violates the rules of this Policy or those of the originating
provider.
o
Sending unsolicited e-mail messages (“Spamming”), including,
without limitation, commercial advertising and informational
announcements, is explicitly prohibited. A user shall not
use another site’s mail server to relay mail without the
express permission of the site.
BadDogHosting.com reserves the sole right to block, without
notice, any e-mail messages to their customers that, at
their own discretion, are consider unsolicited e-mail (SPAM).
4. BILLING
1. Customer
agrees to pay all fees and other charges incurred on their
account. Canadian Customers only will, in addition to based
charges, be charged GST (7%). All payments shall be made
pursuant to the terms of the pricing and other information
relating to the Service, which is available in the registration
process and on the BadDogHosting.com Web Site. Customer
agrees to these rates and terms as they may be amended from
time to time by updating the BadDogHosting.com web site,
or by e-mail notification, or by regular mail. By agreeing
to these terms, you authorize BadDogHosting.com to charge
any amounts payable by you in connection with your use of
the Service automatically to the credit card you provided
in the registration process or such credit card number you
provide thereafter, regardless of the status of your account,
subject to the terms and conditions of the agreement between
you and your credit card issuer. Your right to use the Service
is subject to any limits established by your credit card
issuer.
2. All
prices on the BadDogHosting.com website are in U.S. Dollars
($). BadDogHosting.com reserves the right to charge international
customers in any currency, at the U.S. Dollar equivalent.
3. All
valid credit cards that are provided to BadDogHosting.com
for the purpose of payment should be aware that if BadDogHosting.com
is not notified by the Customer, prior to the expiry date,
BadDogHosting.com will automatically update the expiry date
to the next year. BadDogHosting.com has come to the understanding
that many customers simply neglect to update their expiry
date, which may lead to the automatic cancellation of their
account. To save time and possible interruption of service,
we have adopted this practice as part of our standard methods
and procedures.
5. GENERAL
All
customers agree to abide by the following general provisions:
1.
All
hosting services provided to the Customer by BadDogHosting.com
may only be used for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without
limitation, 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
Software”, “Hackers programs or achieves”, “Warez Sites”,
“IRC Bots”, MP3”.
2.
BadDogHosting.com reserves the right, at its sole discretion,
to deactivate the Customer’s account(s) upon an indication
of credit problems, including delinquent payments, and if
portions of this AUP are, at the discretion of BadDogHosting.com,
being violated in any way.
3.
All
services provided by BadDogHosting.com are provided on an
“as is” basis. BadDogHosting.com gives absolutely no warranty,
expressed or implied, for any service(s) provided, including,
without limitation, warranty of merchantability and warranty
of fitness for a particular purpose. This expressly includes
any reimbursement for losses of income due to disruption
of service by BadDogHosting.com or its providers that exceed
the fees paid by the Customer.
4.
Customer
acknowledges that BadDogHosting.com is not responsible for
any damages arising from the Customer’s use of any service(s)
provided by BadDogHosting.com or Customer’s inability to
use any service(s) for any reason.
5.
Customer
is solely responsible for backing up their content and or
any files that reside on BadDogHosting.com’s managed and/or
owned servers. BadDogHosting.com is not responsible in anyway
for the content a customer hosts on BadDogHosting.com servers,
or for the reliability of the transmission of data across
or through the BadDogHosting.com network.
6.
Customer
hereby agrees that any material submitted for publication
on BadDogHosting.com managed and/or owned servers will not
contain anything leading to an abusive or unethical use
of the hosting service. Abusive and unethical materials
and used include, but are not limited to pornography, obscenity,
nudity, violations of privacy, computer viruses, and any
defamatory, harassing and harmful materials or uses. Customer
hereby agrees to indemnify and hold harmless BadDogHosting.com,
its directors, officers and employees from any claim resulting
from your publication of materials or your use of those
materials. BadDogHosting.com, at its sole discretion, may
or may not give notice before deactivating the use of any
account(s) that are determined to violate this AUP in anyway.
7.
Due to the public nature of the Internet, all information should
be considered generally accessible to the public and important
or private information should be treated carefully. BadDogHosting.com
is not liable for protection or privacy of electronic mail
or other information transferred through the Internet or
any other network
BadDogHosting.com or its customers may utilize.
8.
BadDogHosting.com maintains exclusive control and ownership of any
and all I.P. Numbers and addresses that may be assigned
to Customer and reserves in its sole discretion the right
to change or remove any and all I.P. numbers and addresses.
9.
Use of any information obtained via BadDogHosting.com is at your
own risk. BadDogHosting.com specifically denies any responsibility
for the accuracy or quality of information obtained through
its services.
10.
Use of other organizations' networks
or computing resources is subject to their respective permission
and usage policies.
11.
If BadDogHosting.com cancels Customer's account for any reason, Customer
agrees not to reregister without BadDogHosting.com's written
consent. In the event Customer reregisters without BadDogHosting.com's
prior written consent, BadDogHosting.com will cancel Customer
's account and all dues and fees paid to date will be forfeited
regardless of whether service has been rendered. Additionally,
any amounts owed in arrears will be made due and payable
immediately.
12.
BadDogHosting.com requires that Customer is qualified to enter a
legal contract. BadDogHosting.com cannot accept payments
from persons who are not at least eighteen (18) years of
age. Customer will be held responsible for keeping all billing
data for BadDogHosting.com accurate and up to date. False
data supplied for the contract between BadDogHosting.com
and Customer will be grounds for account termination.
13.
The Customer agrees to defend, hold harmless, and expeditiously indemnify
BadDogHosting.com from any and all liability, claim, loss,
damage or expense arising out of Customer's breach or violation
of any covenant contained in this Policy, or resulting from
the Customer's use of the service.
14.
Customer agrees to waive and hold BadDogHosting.com harmless from
any claims relating to any action taken by BadDogHosting.com
as part of an investigation into a suspected violation of
this Policy or as a result of its conclusion that a violation
of this Policy has occurred. Therefore, Customer cannot
sue or recover any damages whatsoever from BadDogHosting.com
as a result of the decision to remove material from its
server, or to suspend or terminate a Customer 's account.
15.
The web server is physically located in Bedford,
Texas and the Customer may only access the server by means
of the Internet, an interstate common carrier of information.
16.
BadDogHosting.com reserves the right to kill off CPU or any other
resource intensive process, including but not limited to
bandwidth, disk usage, etc…
17.
BadDogHosting.com has a strong corporate policy to respect and protect
the privacy of its customers and their information that
is stored on BadDogHosting.com's Hosting Services. BadDogHosting.com
will only access and disclose information as necessary to
comply with applicable laws and government requests, to
provide BadDogHosting.com Services, to operate or maintain
its systems or to protect itself or its customers.
6. POLICY ENFORCEMENT
When
BadDogHosting.com becomes aware of any alleged violation
of this AUP, BadDogHosting.com will immediately initiate
an investigation. BadDogHosting.com, may at its own discretion
anytime during an investigation, restrict a Customer’s access
in order to prevent any further possible unauthorized activity.
Depending on the severity of the violation, BadDogHosting.com
may, at its sole discretion, restrict, suspend, or terminate
a Customer’s account and/or pursue other legal remedies.
If such violation is a criminal offense, BadDogHosting.com
will promptly notify the appropriate law enforcement department
of such violation.
7. COPYRIGHT INFRINGEMENT
1. Should
BadDogHosting.com become aware of any material posted by
Customer that could be infringing on a third party’s copyright,
it will immediately initiate an investigation. If a claim
is received by BadDogHosting.com from a Complainant with
the applicable copyright or trademark registration number;
a copy of the underlying copyrighted work along with the Customer’s materials; and, a good
faith certification, signed under penalty of perjury, that
the work
is the property of the Complainant, that the work
has been copied and that use of the work
is not defensible, BadDogHosting.com, at its sole discretion,
may, at anytime, deny access to the challenged material
of Customer.
2. BadDogHosting.com
will notify Customer of the copyright infringement allegation
and will allow Customer to respond to the allegation(s).
3. BadDogHosting.com
shall have no liability, directly or indirectly, to Complainants
or third parties for Customer's infringing copyrighted materials.
Customer shall reimburse BadDogHosting.com for all expenses
associated with processing valid infringement allegations
and defending any and all legal claims associated therewith.
8.
CONTENT
1. All
services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material
in violation of any and all applicable federal, provincial
and municipal laws is prohibited. This includes, but is
not limited to: copyrighted material, material judged to
be defamatory, threatening or obscene, or material protected
by trade secret and other statute. The subscriber agrees
to indemnify and hold BadDogHosting.com and all associated
brands and employees harmless from any claims resulting
from the use of the service which damages the subscriber
or any other party.
Note:
Pornography and sex-related merchandising are prohibited
on all servers. This includes sites that may infer sexual
content, or any links to adult content elsewhere. This is
also true for sites that promote any illegal activity or
content that may be damaging to our servers or any other
server on the Internet. Links to such materials are also
prohibited.
Examples
of non-acceptable content or links:
Pirated
software
Hackers' programs or archives
Warez Sites
IRC Bots
Mp3 files
We
will be the sole arbiter as to what constitutes a violation
of this provision.
9.
REPORTING ABUSE OF THIS POLICY
Any
party seeking to report any violations of this policy may
send an e-mail to:
anne_e_muller@yahoo.com
.
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