Introduction
This Terms of Service is an agreement between Customer
and DotToGo.Net ("Agreement") and applies
to Customer's account(s) with DotToGo.Net, (Collectively
“The Company"). 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. DotToGo.Net may, but is under no obligation
to, provide notices of any amendment, modification or
update of this Agreement via e-mail to Customers. For
our privacy policy, please visit
http://www.dottogo.net/privacy.php.
LOCATION AND SEVERABILITY
The TOS shall be construed in all respects in accordance with the laws of the United States of America, or any Country in the World. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.
General Provisions
Use of the DotToGo.Net Service constitutes acceptance
and agreement to to the following Terms of Service
(TOS) as well as DotToGo.Net's Acceptable
Use Policy (AUP).
Definitions
1. "We" "Us" "Provider"
or "DotToGo" refers to DotToGo.Net, an Emagine
Concept, Inc. company; and
2. "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 DotToGo.Net.
Services Provided by DotToGo.Net
DotToGo.Net 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 DotToGo.Net customers to maintain Internet websites,
receive and maintain e-mail accounts, and access web space
via FTP to upload files for their websites. DotToGo.Net customers
will use the provided Services in a manner consistent with
all applicable State and Federal laws. DotToGo.Net will make
no effort to edit, control, monitor or restrict the content
of data other than as necessary to provide Services. If any
of the activities referenced below are committed, DotToGo.Net
may immediately terminate Customer's account(s) without notice
and no refunds will be allowed. DotToGo.Net 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
a. Disk Space and Client Content: DotToGo.Net offers 15 Gigabyte of space in our DTG Gold plan. Disk space can be increased to 20 Gigabyte by upgrading to our DTG Platinum plan or 20 Gigabyte with our DTG Reseller plan. We reserve the right to not host any "single" website that consumes over 2 Gigabyte disk space. Each package has a 15,000 file limit. Accounts are to be used by the primary owner only. Account holders, other than DTG DTG Reseller clients, are not permitted to resell web-hosting services of their website to other parties. Client agrees that web pages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of DotToGo.Net 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 DotToGo.Net or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emails, newsgroup spamming, pornographic content or links to adult websites, nudity, hosting of files containing copyrighted material such as software, movies, songs, tv shows, videos, ring tones, and other content not directly owned by the site owner, copyright infringement, trademark infringement, warez, cracks, software serial numbers, or files associated with p2p services such as Bit-Torrent, e-mule and so on. DotToGo.Net will be the sole and final arbiter as to what constitutes a violation of this policy.
b. Bandwidth Usage: DotToGo.Net's standard package offers 50 GB of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over 2 GB per day or 50 GB in 30 days will automatically be disabled. Additional bandwidth can be increased by upgrading to our "DTG Platinum" plan. Bandwidth cannot be combined with multiple packages. We reserve the right to not host any website that consumes over 100 GB per month.
c. 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. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. Any site that consumes bandwidth of over 2GB/day or their maximum allowed per month (50GB/month - DTG Gold, 100GB/month - DTG Platinum and Reseller plans) are also considered to be using "excessive resources." 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. DotToGo.Net will be the sole and final arbiter as to what constitutes a violation of this policy.
d. Banned Scripts Policy: A small handful of scripts/programs are not allowed to be used on the DotToGo.net servers. This is largely due to excessive demands on server resources that can degrade performance for other hosting clients. Namely the following are BANNED from use on our servers:
ANY CGI-script powered chat room, bulletin board,
forum or program, including:
- Ultimate Bulletin Board (UBB)
- IkonBoard
- Burning Board (WBB)
- yaBB
- Topsites .cgi scripts
- formmail.pl (spam security concerns)
- IRC-related software (servers, bots, bouncers,
etc.)
- Greymatter
- phpNuke
Accounts that are found to have such software uploaded
to their web space are subject to immediate suspension
and/or termination without notice. We reserve the right
to add from, modify, or otherwise adapt to this list
other banned programs at our completely discretion.
e. SPAM and Unsolicited Commercial Email (UCE): DotToGo.Net
takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of
DotToGo.Net may not use or permit others to use our
network to transact in UCE. Customers of DotToGo.Net
may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Additionally,
DotToGo customers shall not participate in malicious
activities such as Email/news bombing (actions that
impede another person's use of Email services or new
media), Email forging (Forging of message headers,
in part or whole, or any electronic transmission,
originating or passing through the DotToGo.Net network),
Usenet SPAMing (posting messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter
of any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
are permitted.
Violations of this policy carry severe penalties,
including termination of service.
- Violation of DotToGo.Net's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, DotToGo.Net will initiate
an immediate investigation (within 48 hours of notification).
During the investigation, DotToGo.Net may restrict
customer access to the network to prevent further
violations. If a customer is found to be in violation
of our SPAM policy, DotToGo.Net may, at its sole
discretion, restrict, suspend or terminate customer's
account. Further, DotToGo.Net reserves the right
to pursue civil remedies for any costs associated
with the investigation of a substantiated policy
violation. DotToGo.Net will notify law enforcement
officials if the violation is believed to be a criminal
offense.
- First violations of this policy will result in
an "Administrative Fee" of $100 and your
account will be reviewed for possible immediate
termination. A second violation will result in an
"Administrative Fee" of $200 and immediate
termination of your account. Users who violate this
policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees"
not to exceed $150 per hour that DotToGo.Net personnel
must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
- As our Customers are ultimately responsible for
the actions of their clients over the DotToGo.Net
network, it is advisable that Customers develop
a similar, or stricter, policy for their clients.
f. 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 DotToGo.Net
concerning unethical, false or unlawful activities by you,
DotToGo.Net reserves the right to terminate your service
without notice.
g. Licensed Software Only: Client agrees to use only properly
licensed third party software in connection with Client's
use of the Services.
h. Back-Up Files: DotToGo.Net keeps daily system backups,
but cannot guarantee the content is up-to-date. DotToGo.Net
will only restore files from backup due to server or hardware
failure. It is the customer's responsibility to have a full
backup of their site. There is a one-time fee of $100 for
our Administrator to retrieve and restore individual client's
back-up files.
i. Domain Name Registration: DotToGo.Net uses Tucows/OpenSRS
for domain name registration. There is a $15/year fee for
new domain name registration. Domain names can be use or
transferred to another registrar only if customer account
is paid for with no balance. If customer has a balance,
it must be settled before domain name is released.
j. Image Linking: DTG hosting packages are not to be used
as image hosting repositories. No links from outside sources
including message boards, blogs, forums, auctions, etc will
be allowed to images residing on the DTG servers.
j. Reseller ONLY: As a reseller you are responsible for
the actions of your customers and any violations found having
been caused by them can result in your account being suspended
or even cancelled. DotToGo requires all reseller accounts
to abide by the DTG TOS and AUP and to ensure that those
terms are also reflected in the TOS and AUP of their services.
Additionally, the reseller can not position themselves as
DotToGo. Resellers are separate companies that will setup
and manage their own customer base. All customer service
issues regarding their own customer base will need to be
handled by their own support staff. DotToGo will provider
the hosting equipment and basic support to the reseller
only but all other services are the responsibility of the
reseller.
k. RESELLERS' RESPONSIBLITY FOR ENFORCING THE TOS: Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and we will suspend the offending site and impose penalty on the reseller's account. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use a copy of our TOS on their website(s).
l. Reseller ONLY: As a reseller you are responsible for the actions of your customers and any violations found having been caused by them can result in your account being suspended or even cancelled. DotToGo requires all reseller accounts to abide by the DTG TOS and AUP and to ensure that those terms are also reflected in the TOS and AUP of their services. Additionally, the reseller can not position themselves as DotToGo. Resellers are separate companies that will setup and manage their own customer base. All customer service issues regarding their own customer base will need to be handled by their own support staff. DotToGo will provider the hosting equipment and basic support to the reseller only but all other services are the responsibility of the reseller.
m. SUPPORT BOUNDARIES: We provide technical support to our Subscribers. We limit our technical support to our areas of expertise. We provide support related to your account or virtual site's physical functionality. We do not offer tech support for application specific issues such as cgi programming, html, or any other such issue. We do not provide technical support for your customers, unless an outsource support subscription has been purchased. We provide a variety of support information and options to our Subscribers. These support options can be found on the support page of our website. We reserve the right to charge a fee for any support above level 1 support.
n. ABUSE OF OUR STAFF OR NETWORK STAFF: Abuse and use of blackmail towards company representatives will not be tolerated. If you use foul language, or do anything that is categorized offensive by federal laws, we may suspend and/or delete your account.
o. WAIVER: A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Right to Refuse Service
At its sole discretion, DotToGo.Net has the right
to refuse any and all service(s) to any applicant, customer,
client whether it be an individual or legal entity.
Payment Obligations, Renewals, Upgrades, and Cancellations
a. Payment Obligations: Full payment is required in advance,
before hosting service is established. You grant DotToGo.Net
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 DotToGo.Net according to terms of this Agreement. You
warrant and represent that the information you supply in
the Order Form (or other information that DotToGo.Net 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 suspended. Once
your account is suspended, you will need to pay a $25 re-activation
fee plus the monthly fee to bring your account up to date.
If an account is over 60 days past due it will be terminated.
All attempts will be made to contact the account holder
before account is terminated however account is deemed abandoned
if no reply is received. There is a $25 fee for bounced
check and a $35 processing fee for chargebacks.
b. Renewals: Your account will be automatically renewed
under the same time and fee structure unless you give written
notice to DotToGo.Net fifteen (15) days before the renewal
date that you do not wish to renew such account. Promotions
are not included in renewals.
c. Upgrading an Account: You may upgrade an account at
anytime. Any time left on your current hosting plan will
be applied to your new plan based on remaining prorated
full months; no partial months credits to be given.
d. 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 or if your account is terminated by DotToGo.Net
for any violation of terms then no refunds will be allowed.
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. Cancellations will be processed by
our staff within 72 hours after the notice is received.
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 any additional services. If paid by credit
card, refunds will be issued to the original credit
card provided at the time of purchase. If we canceled
your account 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.
Disclaimer of Warranty
You agree to use the Services and any information obtained
through or from DotToGo.Net at your own risk. You acknowledge
and agree that DotToGo.Net exercises no control over,
and accepts no responsibility for, the content of information
passing through DotToGo.Net'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. DOTTOGO.NET 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. DotToGo.Net 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. DOTTOGO.NET 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 DOTTOGO.NET. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY ANY DOTTOGO.NET 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.
DotToGo.Net is not responsible for any interruption
in service or down time that may occur, whether due
to external network disruptions or negligence of DotToGo.Net. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, equipment failure and
any and all other service interruptions caused by DotToGo.Net.
Limitation of Liability
You agree that DotToGo.Net 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 DotToGo.Net at the time) which may exist in the
Services or in DotToGo.Net's equipment used to provide
the Services.
Under no circumstances will DotToGo.Net 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. DotToGo.Net 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
DotToGo.Net's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement,
DotToGo.Net'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.
Indemnification
Customer agrees to indemnify, defend and hold harmless
DotToGo.Net, 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
DotToGo.Net will not be liable for failure or delay
in performing it 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 DotToGo.Net maintains strict confidentiality
on Customer's information, there are certain exceptions
in which DotToGo.Net 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. DotToGo.Net has no obligation
to notify Customer about whom the information is sought
or that DotToGo.Net 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 DotToGo.
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.
