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TERMS AND CONDITIONS/MASTER SERVICES AGREEMENT Last Updated 2007,01,31
Please read the Zero tolerance policy
Resellers please read the resellers terms and conditions
This agreement represents the complete agreement and understanding between Dotnoc IT Services.,
(hereinafter called "Dotnoc IT Services" or DOTNOC) and you, the account holder (also can be referd to as CLIENT client or clients) ,
regarding Hosting / IT Services and supersedes any other written or oral agreement which you may have entered into.
Upon notice published on-line via DOTNOC website, DOTNOC may from time to time amend each of the terms and conditions in this
Agreement, and such modifications will be incorporated into and supersede pre-existing terms of this Agreement. By continuing to
use DOTNOC's web hosting and IT services you are giving your consent to immediate compliance with the Agreement as amended.
You may withdraw your consent to abide by this Agreement and any term or condition thereof upon notice in writing, which shall be deemed
to authorize DOTNOC, at its option, to initiate closure of your account, provided however that such notice shall not be
effected until it is received by DOTNOC's Accounting department.
1.0 SERVICES:
1.1 DOTNOC will provide services ("Services") on to computer and networking systems to individual account holders
in exchange for compliance with each of the terms and conditions of this agreement, including full and timely payment
of the subscription fees. 1.2 In this Agreement, Services shall mean your right to use the web space, design service
and communication services provided by DOTNOC to facilitate access to your website/s , and for others to access your
materials via the Internet. 1.3 Your website shall not in anyway refer to subjects, contain written language or images
about subjects, or may otherwise fall short of the moral or legal standards which are imposed in relation to obscenity
or pornography. 1.4 You, or a minor under your care or legal control, are the sole user of the Services and you agree
on your behalf and on behalf of the minor to comply with this Agreement and, if used by the minor, you agree to supervise
use of the services. 1.5 DOTNOC has the right to change service fees as necessary if fees are to change for current
customers Dotnoc will post a notice or send an email stating the fee changes no later then 7 business days prior to
the fee change. 1.6
Any communications pertaining to this Agreement may be delivered by electronic mail or other notice published on-line.
1.7 DOTNOC reserves the right to cooperate with officers of the laws of any jurisdiction in monitoring account holders'
pertaining to compliance with the laws of that jurisdiction. 1.8 DOTNOC has the right to refuse service to CLIENT for abuse
of DOTNOC systems, abuse will be decided by DOTNOC network operations staff.
2.0 USE OF MATERIAL:
2.1 Canadian law and international agreements provide that certain copyrighted materials
(e.g. images, texts and programs) may not be reproduced, telecommunicated to the public, distributed or otherwise dealt
with in violation civil or criminal laws, including with respect to copyright, trade-marks, domain names, privacy and
obscenity. It is the responsibility of the account holder to determine compliance with such laws. The account holder
agrees: (a) to comply with all applicable laws and authorizes DOTNOC to investigate and support investigations when
requested by a person acting under authority of a provincial or federal government or, (b) without the specific
permission of the parties involved and, without limitation , to indemnify DOTNOC for any damages arising as a result
of failure to obtain appropriate permissions or otherwise comply with applicable laws.
3.0 USE OF THE SERVICE:
3.1 You agree to take all steps possible to maintain a secure account, including the selection of a secure password,
which may be: (a) between 6 and 8 characters long, contain both upper and lower case letters, and numbers or other
characters, and (b) a word which cannot be found in direct or reverse order in any dictionary, without regard to the
language of the dictionary. 3.2 You undertake to use the Services only as permitted by local, provincial and federal
law and not to conduct or solicit performance of any activity that is prohibited by Canadian law. Without limitation,
you undertake: (a) not to interfere in the lawful use, by others, of their accounts, not to modify, reverse engineer
or, disassemble, any other web sites not belonging to you on DOTNOC web servers. (b) not to release computer viruses
or other unwanted computer programs or data onto Dotnoc IT Services's web servers. (c) not to interfere, disrupt, block or
violate the rights, or any other person, firm or corporation; and (d) carry out any other act or omission which is
contrary to law. 3.3 You agree not to use the Services or any other means to improperly access DOTNOC'S system or its
network including by use of any, program, or tool to determine the password of any of DOTNOC account holder. You the
account holder agrees not to use DOTNOC services to make unauthorized attempts to access the servers or network.
3.4 You acknowledge that DOTNOC is a commercial business and that the services provided by Dotnoc IT Services is used by
account holders to carryout out legal business affairs. 3.5 You agree not to use the Services to send unsolicited
advertising or promotional materials to other network users, "mass emailing or spamming".
4.0 DOTNOC's RIGHT TO TERMINATE OR LIMIT THE ACCOUNT USAGE:
4.1 You undertake to provide your proper name, phone number and address information and authorize DOTNOC to
suspend your account immediately if DOTNOC determines that you have provided false or missing personal information
(i.e.: name, phone number and address) until such time as that information is received by DOTNOC. 4.2 You authorize
DOTNOC, to remove Personal Pages (Personal Pages are web pages published by DOTNOC customers on DOTNOC servers);
(a) upon receipt of complaints regarding the content of those pages and acknowledge DOTNOC's option to terminate this
agreement immediately upon receiving such complaint; (b) in the event that they generate in excess of the agreed
amount of megabytes of data in the the plan purchased. 4.3 DOTNOC account holders are provided with storage space on
the web server based on the amount purchased upon initiation of the account. You are allowed to transfer only the
agreed amount of data and when the limit is reached, additional data will be deleted from the servers unless otherwise
agreed upon by DOTNOC and CLIENT. 4.4 Any use of DOTNOC's system, network or other resources that DOTNOC, in its sole
discretion, determines to be disruptive of the normal use of the system for other DOTNOC customers is considered to
be an abuse of those resources and DOTNOC will , immediately terminate this Agreement upon discovering such abuse.
4.5 Depending on the severity of the abuse, the user may receive an email warning or have its account suspended by
DOTNOC technical department. If the misuse is unintentional, the suspension may be released following a discussion
with technical department. If the misuse is intentional, the suspension dealt with appropriately to the discretion
of DOTNOC's Director of Customer Service, and may require the payment of a service reconnection charge. 4.6 You are
not allowed to transfer any explicit pornographic materials that may be harmful to children under the legal age,
no photographs or written material indicating sexual acts, no written material that condemns any race, religion or
culture, no illigal software, warez, mp3 audio or any questionable material (determined by dotnoc staff). In the case of such events, Dotnoc IT Services will immediately delete all files from the account associated
with the above. Such event/s is regarded as extreme violation of Dotnoc IT Services's web servers. 4.7 You authorize
DOTNOC to investigate any violations of the terms of this agreement by any person and acknowledge that DOTNOC's
discretionary rights include the right to suspend access to any account, temporarily or permanently, depending on the
result of an investigation. 4.8 Overages of bandwidth and diskspace must be paid within 1 week ending of a billing cycle
or CLIENT site will be put on HOLD or TERMINATION. An account may be put on hold at anytime for any of the above
conditions including and overages of any type.
5.0 MISUSE & EMAIL ABUSE:
5.1 Certain activities falling under general misuse of the web servers / email servers are considered grounds
for termination of the account, without notice. The final decision to terminate the account is solely at the discretion
of Dotnoc IT Services. 5.2 The following guidelines may be used to determine if an activity constitutes abuse of web server
resources / email server resources. Please remember that the Dotnoc IT Services web servers and email servers is a network
of computers that provides services for clients, sharing those resources for mutual benefit. Dotnoc IT Services expects
that all its clients will uphold the rules and promote ethics and responsible behavior on the web servers / email servers.
5.3 Falsifying one's username, with the intention to defraud or to avoid recriminations arising from abusive activity
are not permitted. 5.4 Complaints about abusive behavior of Dotnoc IT Services customers will be investigated promptly,
and may involve the suspension of the account during the investigation. 5.5 Dotnoc IT Services offers complementary
email accounts to customers with each webhosting account strictly for the purpose of being able to issue its invoices
and other important information that may come up from time to time. 5.6 The client is allowed to use the email
addresses for doing regular daily communications. 5.7 Dotnoc IT Services holds no responsibility for any emails that may
bounce or that may not be delivered due to any reason. 5.8 Any client found to be related to any email spamming or
abuse deemed to be devastating to other if its clients or the internet community as a whole will loose the use of the
free emails provided and possibly be rejected as a client. 5.9 Dotnoc IT Services strives to provide a pleasant web hosting
and design service for all its clients, and will not tolerate contrary behavior.
6.0 INDEMNIFICATION:
6.1 You agree to indemnify and hold DOTNOC harmless from all claims, including attorney's fees, that the account
holder or any person acting under your authorization or with its password, is or was receiving or using DOTNOC's
services so as to give rise to any claim, actual or potential, or actually cause direct or indirect damage to DOTNOC
and any other party.
7.0 USE OF WEB HOSTING SERVICE AT YOUR OWN RISK:
7.1 You acknowledge that DOTNOC shall not be responsible for, and make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, or validity for the data and/or information available to you, residing
on its web servers / email servers / DNS servers /Database servers. Use of information stored in www servers email servers /
database servers / DNS servers of DOTNOC is entirely at the risk of the account holder. Under no circumstances will dotnoc
be held liable for any losses incured by the CLIENT due to any service that DOTNOC provides.
DOTNOC makes no warrantys or guarantees of service uptime or downtime.
8.0 PAYMENT OF FEES AND PENALTIES:
8.1 The DOTNOC accounting cycle begins on the 1st of each month. Monthly or quarterly service fees are billed on
the 1st of each month or the first day of each quarter (the "Payment Due Date") or at the discretion of the Dotnoc billing
department. For monthly packages the first and
last month charges are required upon initialization of the account, and for quarterly clients the first three months
is required upon initialization of the account. Refunds are to be in acorrdance to http://www.dotnoc.com/terms.php
8.2 Set up fees are due and owing at the start of service or once
the account is been created, and will be submitted in advance of receiving services.
8.3 If you selected to pay in advance
1 year you will be billed in one lump sum for the whole years monthly and setup fees minus discounts. Under no
circumstances will any setup fees or additional "addons" fees monthly or setup be refunded or credited to the CLIENT.
following account registration.
8.4 Delinquent accounts are those that remain unpaid at the beginning of the next
accounting cycle, or those whose credit card is declined by their financial institution.
8.5 Accounts that are
delinquent may be terminated by DOTNOC without notice to Customer. Accounts may be reinstated at DOTNOC's discretion
upon full payment of any unpaid fees, and a reinstatement administration setup fee will apply.
8.6 Accounts which have
been terminated for 1 consecutive days may have their files deleted. DOTNOC has no obligation to keep terminated
Customer files active.
8.7 The account holder acknowledges responsibility for the account until payment in full is
made.
8.8 DOTNOC assumes no responsibility for any long distance charges which Customer may incur while accessing
service from DOTNOC concerning their account.
8.9 DOTNOC assumes no responsibility for any bank service charges
which Customer may incur as a result of attempting to collect pre-authorized payments from a bank account with
insufficient funds.
8.10 Requests for historical account or billing information will be subject to an administration fee,
to be determined by DOTNOC.
8.11 If you believe DOTNOC has billed you incorrectly you must contact DOTNOC no later
than 60 days after the closing date of the first billing statement in which the error or problem appeared.
Notifications after this period of time will not be eligible to receive adjustments or credits.
8.12 When your credit card expires, DOTNOC may either assume that your card has been renewed for three years and adjust your credit card
information accordingly, or request that you furnish updated credit card information.
8.13 You may request a change to your DOTNOC pricing plan by submitting a change request through the DOTNOC by contacting Customer Service.
Pricing plan changes only take effect at the start of the next billing cycle following DOTNOC s receipt of the
change request.
8.14 Due to marketing efforts made by the customer throughout the year, the website traffic may
suddenly increase to the point where it will affect other servers on the network. This situation usually consumes
significantly more bandwidth.
8.15 Such instance will require DOTNOC to re-schedule the monthly / yearly hosting rate.
All new dedicated server accounts will be initiated with low cost hosting until substantial data is collected and
analyzed. Until then, an adjustment can be made to the yearly hosting fee. Money paid will be considered as a partial
payment.
8.16
9.0 ACCOUNT CANCELLATIONS:
9.1 Your DOTNOC account will be renewed on a month-to-month quarterly - to - quarterly basis unless you are in
breach of this agreement or a valid cancellation request is received from you as per section 8.2.
9.2 Cancellation requests for DOTNOC accounts must be received in writing via email, fax, or postal service at
DOTNOC's main office. Such requests must be received by 5 PM Eastern time on the 25th of the month in order to be
processed by the beginning of the next accounting cycle. 9.3 All DOTNOC accounts must be paid in full before the
cancellation request will be processed this includes bandwidth and disk overages. Any account cancelled before the
prepaid term will be charged the difference of the month to month payment service and the full setup fees. (+1 month at
regular rate and +8% regular rate divided by 12 months X months of service used) No refund will be made for the
balance of the current month in which a customer requests account cancellation. Refunds will not be issued no
earlier the 30 business days and no later then 60 business days.
10.0 RESERVATION
10.1 Dotnoc IT Services Reserves all rights to this document and may change or modify its parts without notice,
or when new products and or services become available for its clients. This document is a controlled document,
and when printed it is uncontrolled and therefore not valid. All Rights Reserved. Dotnoc IT Services Rev.: 001
Services Defined:
DOTNOC, www.DOTNOC.com, is operated by DOTNOC.
1. This service contract (hereinafter the "CONTRACT") is between DOTNOC. (hereinafter DOTNOC) and The applicant,
You: (hereinafter CLIENT) who wishes Internet Web Hosting and/or Co-location services with DOTNOC.
The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under
all federal, provincial, state and local laws.
2. RELATIONSHIP BETWEEN DOTNOC AND CLIENT
a) DOTNOC will use its best efforts to maintain a full time 24/7 Internet
presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred without
the written consent and approval from DOTNOC thirty (30) days in advance.
c) This contract represents the complete understanding between CLIENT and DOTNOC.
If CLIENT sells advertising to a third party the CLIENT will be held responsible
for the content of that advertising and the actions of that third party.
d) CLIENT agrees not to harm DOTNOC, it's reputation, computer systems, programming and/or other CLIENTS using
DOTNOC's services.
3. INTERRUPTIONS IN SERVICE
DOTNOC is not liable for any errors or interruption in service, whether within
or outside of DOTNOC 's reasonable control. CLIENT understands interruptions
may or may not occur and CLIENT will hold DOTNOC free and harmless from
any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled
or un-scheduled maintenance, either by DOTNOC or by third-party providers, or because of power interruptions
or other causes.
4. PASSWORD PROTECTION
CLIENT is responsible for protecting CLIENT'S password and for any authorized
or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use DOTNOC's service to guess
passwords or to access other systems or networks without authorization. DOTNOC will fully co-operate with law
enforcement authorities in the detection and prosecution of illegal activity.
5. IP ADDRESSES
CLIENT must return to DOTNOC all IP addresses issued by DOTNOC to
CLIENT if CLIENT discontinues service with DOTNOC or if DOTNOC discontinues service.
6. INTERNET ETIQUETTE
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will
comply with the rules appropriate to any network to which
DOTNOC may provide access. CLIENT should not post, transmit, or permit Internet
access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is
illegal, libelous, tortuous, or likely to result in retaliation
against DOTNOC by offended users. DOTNOC reserves the right to refuse or
terminate service at any time. CLIENT will indemnify DOTNOC and hold DOTNOC
harmless from any damage to DOTNOC's business, service, equipment, network(s)
operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of
vandalism or other retaliation, and any claims of libel,
unfair competition, infringement of any patent, copyright, trademark, service mark,
or other intellectual property right, violation of privacy, or other tort.
7. UNSOLICITED COMMERCIAL EMAIL
The DOTNOC network(s) may not be used to transact Unsolicited Commercial
E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of DOTNOC
may not use, or permit others to use, the DOTNOC network(s) to send UCE.
DOTNOC will not host, or permit hosting of sites or information that is
advertised by UCE from other networks. DOTNOC will not permit CLIENTS
to SPAM newsgroups, or SPAM from other networks or that may or may not
point to a site on DOTNOC's network. CLIENTS that transact UCE are in breach
of this contract. Every reasonable attempt will be made to contact the CLIENT
and allow them to resolve the problem or complaint before taking action. DOTNOC
reserves the right to place a temporary block in the event the CLIENT is unreachable,
or is unable to stop the UCE. CLIENT will constitute this contract as "fair
warning" as to DOTNOC's strict "NO SPAM" policy. DOTNOC reserves the
right to terminate services without any refunds of the unused portion prepaid
by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given
by electronic mail shall be deemed received on (1) business day after
it is posted to the recipient's e-mail address. DOTNOC will also fine the individual
$500.00 per SPAM incident and a possible termination of services.
8. WARRANTY AND ASSUMPTION OF RISK
CLIENT uses DOTNOC services at CLIENT's own risk. DOTNOC makes no warranty
expressed or implied, including but not limited to any warranty of merchantability
or fitness for a particular purpose. DOTNOC under no circumstances will be liable
for any loss or other damage, including but not limited to special, incidental,
consequential, or punitive damages, resulting from any failure to provide service
or from any termination of service. DOTNOC has no control whatsoever and shall
not be responsible to CLIENT for the content of any web site or for the content
of any third-party material passing through or associated with CLIENT's web site,
some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
9. TERM OF CONTRACT, TERMINATION, AND RENEWAL
a) All contracts are ranging from month to month to quarterly and yearly terms. CLIENT shall pay DOTNOC
monthly, quarterly or yearly recurring fees (hereinafter "Recurring Fees"), plus one time setup fees as
outlined on invoice (see invoice). Pre-payment of monthly
recurring fees is due by the time stated on DOTNOC's invoice. Amounts
past due may result in the termination of CLIENT's account. Taxes, special
services and third party charges will be stated separately on the invoice.
CLIENT shall pay all taxes, fees , and governmental charges. DOTNOC may
change prices upon 90 days prior written notice either bye-mail or postal
correspondence.
b) DOTNOC has the right to refuse service if CLIENT content of information
provided is deemed illegal, unethical, misleading, contains child pornography,
bestiality, promotion of illicit drugs, hate groups or literature by
CLIENT and/or CLIENT's third-party. CLIENTS who provide the above-mentioned
illegal content are in breach of the contract. DOTNOC may terminate
service without notice and without any refunds of CLIENT's unused pre-paid
portion of funds.
c) All cancellations by CLIENT of service or changes in service must be in
writing to DOTNOC.
d) If CLIENT breaches any part of this contract and DOTNOC has to engage
the services of an attorney, the CLIENT will pay any and all of DOTNOC's
reasonable attorney fees and court costs.
10. LIMITATION OF LIABILITY
In no event shall DOTNOC or any of its officers, contractors, or employees
be liable for any loss of profit or revenue by CLIENT or for any consequential,
incidental, special or exemplary damages incurred or suffered by CLIENT,
nor for any loss of power or heating, ventilation, and air conditioning interruption,
even if DOTNOC has been advised of the possibility of such loss or damage.
CLIENT shall indemnify and hold harmless DOTNOC from and against any all
claims, costs, expenses or liability arising out of CLIENT's (inclusive
CLIENT's officer, contractors, employee agents and invitees) collective or individual
use, occupancy or operation of CLIENT's web site content and/or information.
11. LIVE SUPPORT, 24x7 SUPPORT AND EMAIL SUPPORT DEFINED
a)Live support and 24x7 support is defined as support when available. Even if DOTNOC has live
support, this services is not always available. DOTNOC makes no warranties or guarantees
whatsoever that a live support representitive will be available at or during any time
of the day. DOTNOC will make its best effort on a best effort timely basis to be available
to CLIENT for live support.
b)Email Support is defined as support when available. Even if DOTNOC has email
support, this services is not always available. DOTNOC makes no warranties or guarantees
whatsoever that an Email support representitive will be available at or during any time
of the day. DOTNOC will make its best effort on a best effort timely basis to be available
to CLIENT. DOTNOC also does not make any warranties or guarantees on reply times of emails
although DOTNOC will make its best effort to reply to all emails within one business day excluding any national or religious
holidays.
12. BACKUP SERVICE
a) DOTNOC will not backup your servers. The Dotnoc backup servers are setup in a Raid 1 configuration and are also not
backed up. Content backups (FTP, Raid, Tape or otherwise) are in no way guaranteed or warranty of data.
Even though DOTNOC may do weekly backups of data this data is not warrenty or guaranteed of integrity, corruption, or
data existence.
b) ALL customers/clients are responsible for their own backups.
13. OWNERSHIP
Dotnoc will retian ownership of all hardware and software licensing. The customer has no rights or ownership for any hardware
or software from Dotnoc this including the rental of Dedicated servers, Hard drives, memory, CPU, Networking equipment and
so on.
14. MANAGED SERVICES AGREEMENT
All clients that subscribe to the Dotnoc Managed services and Managed server services must maintain a root account (Linux) or an Administrator
account (Windows) for Dotnoc. It is the clients responsibility to maintain these accounts on the server, failure to notify Dotnoc about root
or Administrator account password changes will result in monthly managed services such as Patching, monitoring and/or repair of server
and services on the server not to be completed. the Client agrees that it is their responsibility to inform Dotnoc about these changes and
also therefor agrees that failure to do so will not result in breach of managed services terms or contract. The client in this case is still
responsible for the monthly charges incurred.
15. MODIFICATION OF TERMS AND CONDITIONS
a) Any waiver, modification, or amendment of any provision of the Terms and Conditions,
initiated by Customer, will be effective only if accepted in writing and signed by DOTNOC
b) This document may be changed or modified at anytime without prior consent of the
CLIENT and will also then take effect as the TERMS AND CONDITIONS of the original contract .
COMPLETE AGREEMENT
The Terms and Conditions, in addition to any other specific agreement (if any) between
DOTNOC and CLIENT, and the recitals herein, constitutes the complete understanding
and agreement between CLIENT and DOTNOC. Except when expressly agreed to the contrary
in writing by DOTNOC, the Terms and Conditions supersedes any other written (including,
without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct.
BY SIGNING UP FOR WEBHOSTING SERVICE AND OR ANY SERVICES OFFERED BY DOTNOC
CLIENT HEREBY AGREES TO THE TERMS AND CONDITIONS AND IS BOUND BY ALL ITS CONDITIONS.
Dotnoc is a trademark of Netdigix Systems INC.
"A day in the life of the digitally minded" is a tradmark slogan of Netdigix Systems INC. 2002
"News for the digitally minded" is a trademark slogan of Netdigix Systems INC. 2003
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All Prices are in Canadian Dollars and are subject to change without notice.
All tradmarks & logos are copyright of their respective owners