Introduction
This Terms of Service is an agreement between Customer and
Dutcheagle International ("Agreement") and applies to Customer's account(s)
with Dutcheagle International. PLEASE READ THIS DOCUMENT CAREFULLY and
retain it for future reference. Please note that the
information contained herein is subject to change without
notice. Customer agrees to periodically consult this website
for changes or amendments to this Agreement. Dutcheagle
International may,
but is under no obligation to, provide notices of any
amendment, modification or update of this Agreement via
e-mail to Customers.
General Provisions
While using Services provided by Dutcheagle International, you agree to the
following terms and conditions.
Definitions
"We" "Us" "Provider" or "Dutcheagle
International" refers Dutcheagle International, ; and
"You" "Your" "Client" or "Customer" refers to each person or
entity who applies for internet service or is a designate of
any one who applies for internet service with Dutcheagle
International.
Services Provided by Dutcheagle International
Dutcheagle International will rent Internet server space ("Services") to
its customers for the purpose of allowing customers to
provide http internet content to the general public. The
Services allow Dutcheagle International customers to maintain internet
websites, receive and maintain e-mail accounts, and access
web space via FTP to upload files for their websites.
Dutcheagle International customers will use the provided Services in a
manner consistent with all applicable State and Federal
laws. Dutcheagle International will make no effort to edit, control,
monitor or restrict the content of data other than as
necessary to provide Services. All mass communication from
Dutcheagle International to client shall be made via email. If any of the
activities referenced below are committed, Dutcheagle
International may
immediately terminate Customer's account(s) without notice.
Dutcheagle International will be the sole and final arbiter as to what
constitutes a violation of the terms and conditions of this
Agreement.
Customer Use of Services
Disk Space and Client Content: Dutcheagle International offers 10,000 MB of
space in our PowValue package. Accounts are to be used by
the primary owner only. Account holders are not permitted to
resell web-hosting services of their website to other
parties. Client agrees that webpages and files uploaded to
our servers will not violate any state, federal or foreign
laws or regulations; infringe on any intellectual property
rights of Dutcheagle International or any third party; be defamatory,
slanderous or trade libelous; be threatening or harassing;
be discriminatory based on gender, race, age; promote hate;
or contain viruses or other computer programming defects
which result in damage to Dutcheagle International or any third party.
Customers may not run IRC bots or clients. BitTorrent
seeders, trackers and .torrent files are not allowed.
Unacceptable uses of our service also include: Bulk
emailing, unsolicited emailings, newsgroup spamming,
pornographic content or links to adult websites, nudity,
copyrighted MP3s, illegal content, copyright infringement,
trademark infringement, warez, cracks, or software serial
numbers. Dutcheagle International will be the sole and final arbiter as to
what constitutes a violation of this policy.
Bandwidth Usage:
Dutcheagle
International offers (see
plan offer) GB of data transfer within a 24 hour period.
Sites that use over 8 GB within a 24 hour period will
receive an email notification. If the site consumes over 10
GB within 24 hours, HTTP service will automatically be
disabled and another email notification will be sent to the
customer. Customer must follow the instruction in the email
to have their HTTP re-enabled. Sites that consume over our
daily limit more than 3 times within a 30 day period will be
disabled and client must look into another Web hosting
provider to accommodate those high bandwidth needs.
Excessive Resource User Policy: Resources are defined as
bandwidth and/or processor utilization. A website is
considered to be using "Excessive amounts of resources" when
it monopolizes the resources available by using 10% or more
of system resources for longer than 60 seconds or generates
over 32,500 requests per hour. There are numerous activities
that could cause such problems; these include: CGI scripts,
PHP, FTP, HTTP, etc. This policy is only implemented in
extreme circumstances and is intended to prevent the misuse
of our servers. We reserve the rights to suspend or
terminate any hosting account that we feel is jeopardizing
our network. Dutcheagle International will be the sole and final arbiter as
to what constitutes a violation of this policy.
MySQL:
(see plan offer) MySQL
databases are included per package. Additional databases can
be purchase for a one time setup fee of $10/db. 3 user limit
per database, 72,000 queries/user per hour limit.
No "Spam":
UCE/UBE or "Spam"
originating from a Dutcheagle International account, or associated with a
Dutcheagle International account, is not tolerated. This includes any
e-mail that promotes web sites hosted on a Dutcheagle
International account
but is sent from an e-mail address not associated with that
Dutcheagle International account. Client shall not use their
Dutcheagle International
services for chain letters, junk mail, bulk-email, or any
use of distribution lists to any person who has not given
specific permission to be included in such a process.
Dutcheagle International reserves the right to deactivate or terminate any
account(s) upon any indication of such activity without
notice. There will be a $150 clean up fee if an account was
suspended for policy violation. There is a 1000 Email limit
that can be sent out within a 24 hour period.
False Information:
False Information.
Client agrees not to post false or inaccurate information to
news groups in violation of the news groups' rules and
regulations. If any news groups or service providers contact
Dutcheagle International concerning unethical, false or unlawful activities
by you, Dutcheagle International reserves the right to terminate your
service without notice.
Licensed Software Only: Client agrees to use only properly
licensed third party software in connection with Client's
use of the Services.
Back-Up Files:
Dutcheagle International will make every reasonable effort to protect and backup data for Client on a regular basis, however Dutcheagle International does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retreive client's individual back-up files.
99.9% Uptime:
Dutcheagle International has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the Dutcheagle International servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
Domain Name Registration:
Dutcheagle International uses godaddy.com for domain name registration. There is a $9.95/year fee for new domain name registration. Domain names can be use or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.
Payment Obligations, Renewals, and Cancellations
Payment Obligations:
Full payment is
required in advance, before hosting service is established.
You grant Dutcheagle International the right to debit the credit card or
account you provided on the Order Form for services you
signed up for, until such service is cancelled by you in
writing or is cancelled by Dutcheagle International according to terms of
this Agreement. You warrant and represent that the
information you supply in the Order Form (or other
information that Dutcheagle International may require) is accurate and
truthful. All payment-due notices will be sent by electronic
mail. No bills or invoices will be sent by postal mail or
fax. If payment was not received by the renewal date, your
account will be terminated. Once your account is terminated,
you will need to pay for the set up fee and the monthly fees
to reopen the account. There is a $15 fee for bounced check
and a $35 processing fee for chargebacks.
Renewals:
Your account will be automatically renewed under the same time and fee structure unless you give written notice to Dutcheagle International fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
Cancellation:
You may cancel at
anytime. If you cancel before the first 30 days, please
refer to the details under "Limited 30-day Money Back
Guarantee." If you cancel after the first 30 days from the
opening of your account, you will be obligated to pay all
fees and charges accrued prior to the effectiveness of the
cancellation. Dutcheagle International will refund to you the prepaid fees
for basic hosting for the full months remaining after
effectiveness of cancellation, less any prior fees and
charges, and an early cancellation fee of $25. Accounts that
are terminated by Dutcheagle International will not receive any refund. All
cancellations must be received in writing as per the
deadlines indicated; regular mail, e-mail and fax
notifications are acceptable. Phone requests will not
constitute acceptance of any cancellation. Cancellation
request will reflect the day of your submission. Refunds
will be issued back to your creditcard within 7-10 business
days from your cancellation date.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within
the first 30 days from the opening of the account, you will
be given a full refund on your hosting fee excluding setup
fees and additional services. If paid by credit card,
refunds will be issued to the original credit card provided
at the time of purchase. If your account has been cancelled
by us due to a breach of the terms and conditions on your
part, you will not be eligible for a refund. Domain name
registration is non-refundable. Phone requests will not
constitute acceptance of any cancellation.
Server/Network Maintenance
In the event a planned outage would be necessary, they will
be performed between 8:00pm to 10:00pm PDT. This does not
mean there will be an outage at the specified time, and does
not include unplanned outages if any should occur for
reasons beyond Dutcheagle International's control.
Disclaimer of Warranty
You agree to use the Services and any information obtained
through or from Dutcheagle International at your own risk. You acknowledge
and agree that Dutcheagle International exercises no control over, and
accepts no responsibility for, the content of information
passing through Dutcheagle International's host computers, network hubs,
points of presence or the internet. THE SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. Dutcheagle International MAKES NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES.
Dutcheagle International MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE
INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM
THE USE OF SERVICES IS ACCURATE AND RELIABLE. Dutcheagle
International
EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY
DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY
CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES
PROVIDED BY Dutcheagle International. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY ANY Dutcheagle International PERSON WILL CREATE ANY WARRANTY OR
MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of
this Section will survive any termination of this Agreement.
Dutcheagle International is not responsible for any interruption in service
or down time that may occur, whether due to external network
disruptions or negligence of Dutcheagle International. This includes loss
of data resulting from delays, non-deliveries, wrong
delivery, equipment failure and any and all other service
interruptions caused by Dutcheagle International.
Limitation of Liability
You agree that Dutcheagle International will not be responsible for any
losses that may incur where Services are accessed by
third-parties through illegal or otherwise unauthorized
means, including but not limited to situations where data is
accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to Dutcheagle
International
at the time) which may exist in the Services or in
Dutcheagle International's equipment used to provide the Services.
Under no circumstances will Dutcheagle International be liable for any
consequential, indirect, incidental, special or punitive
damages, or loss of profits, revenue, data or use by
Customer, any of its customers, or of any other third party,
whether in an action in contract or tort or strict liability
or other legal theory. Dutcheagle International will not be liable to
Customer, any of its customers, or any other third party,
for any loss or damages that result or are alleged to have
resulted from the use of or inability to use the Services,
or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, defects,
delays in operations, or transmission or any failure of
performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized
access to Dutcheagle International's records, programs, equipment or
services.
Notwithstanding anything to the contrary in this Agreement,
Dutcheagle International's maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and
all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) will not exceed the
actual dollar amount paid by Customer for the Services which
gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or
loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and
unknown) that may exist in connection with this Agreement.
The terms of this Section will survive any termination of
this Agreement.
Right to Refuse Service
At its sole discretion, Dutcheagle International has the right to refuse
any and all service or Services to any applicant, Customer,
Client whether it be an individual or legal entity.
Indemnification
Customer agrees to indemnify, defend and hold harmless
Dutcheagle International, its officers, directors, employees, shareholders
and agents from and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened,
asserted, or filed by a third party arising out of or
relating to (i) Customer's use of the Services, (ii) any
breach by Customer of this Agreement, or (iii) any acts or
omissions of Customer. The terms of this Section will
survive any termination of this Agreement.
Force Majeure
Dutcheagle International will not be liable for failure or delay in
performing its obligations if such failure or delay is due
to circumstances beyond its reasonable control, including
but not limited to 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), failure of third party software or hardware or
inability to obtain raw materials, supplies or power used in
or equipment needed for provision of the Services.
Disclosure of Customer Information and Legal Process
Although Dutcheagle International maintains strict confidentiality on
Customer's information, there are certain exceptions in
which Dutcheagle International may disclose information in its possession,
including but not limited to information about the
Customer's internet transmissions and website activity in
order to comply with court order, subpoena, discovery
request, warrant, statute, regulation or official
governmental requests. Dutcheagle International has no obligation to notify
Customer about whom the information is sought or that
Dutcheagle International has provided the information. Customer
acknowledges the above exceptions and agrees to them without
reservation.
Governing Law; Jurisdiction; Arbitration
This Agreement is governed by California law and both
parties will submit to personal jurisdiction in California.
Any controversy or claim arising out of, relating to or in
connection with this Agreement, or the breach thereof, will
be subject to arbitration administered by the American
Arbitration Association ("AAA") in accordance with its then
existing Commercial Arbitration Rules (collectively, the
"AAA Rules") and any award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The place
of arbitration will be Los Angeles, California, or any other
place selected by mutual agreement of the parties. An award
rendered in connection with arbitration pursuant to this
Section shall be final and binding upon the parties. The
parties agree that the award of the arbitral tribunal will
be the sole and exclusive remedy between them regarding any
and all claims and counterclaims between them with respect
to the subject matter of the arbitrated dispute. The terms
of this Section will survive any termination of this
Agreement.
Assignment
Customer will not have the right to assign this Agreement
without the prior written consent of Dutcheagle
International.
Entire Agreement; Severability
This Agreement represents the entire agreement between the
parties, and supersedes all previous representations,
understandings or agreements. If any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this
Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an
individual entering this Agreement for his or her personal
use and is over 18 years of age, or is a corporation other
legal corporate entity, duly organized, validly existing and
in good standing under the laws of the state of its
organization and the person acting on behalf of Customer is
duly authorized to accept, execute and deliver this
Agreement on behalf of Customer.
