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Acceptable
Use Policies & Terms
of Service
All elements of Docu-Type
Web Hosting's
web site, including words, images, and photos, are
protected by trade dress (look and feel of this site),
unfair competition, and other laws and may not be copied
or imitated in whole or in part. No logo, graphic,
sound or image from any Docu-Type Web Hosting.org
website may be copied or retransmitted unless expressly
permitted by Docu-Type Web Hosting.
We may amend this
agreement at any time, without notice, by posting
the amended terms and conditions on our web site
located at http://www.docutype.org. The link
will be labeled "Legal Notices" and will be
located at the bottom of our website. Upon signing
up for Docu-Type Web Hosting's services, all customers
agree to comply with the following Acceptable Use
Policies. The policy is aimed to ensure our customers
using Docu-Type Web Hosting's services with due regard
to the rights of other Internet users and in conformity
with the requirements of Docu-Type Web Host's network
environment.
Use of Services:
All services provided
by Docu-Type Web Host may be used for lawful purposes
only. Transmission, storage, or presentation
of any information, data or material
in violation of any Federal, Provincial,
State or City law is prohibited. This
includes, but is not limited to: copyrighted
material; trademarks; trade secrets
or other intellectual property rights
used without proper authorization;
material that is obscene, defamatory,
constitutes an illegal threat, or violates
export control laws.
Additionally, in
purchasing Docu-Type Web Host services,
all Docu-Type Web Host customers certify that they and/or
the organization they represent in
procuring services from Docu-Type Web Host are not, nor have been designated,
a suspected terrorist as defined
in Executive Order 13224; are not
owned or controlled by a 'suspected
terrorist' as defined in Executive
Order 13224; and are not on, are
not a member of, related to, associated
with, or controlled by any organizations
on the list contained in the Annex
to Executive Order 13224 and all
updates thereto.
System and Network Abuse
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.
Viruses and Other Destructive
Activities
Use of Docu-Type Web Hosting'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 Docu-Type Web Host's services
and equipment (or any connected network, system,
service or equipment) or conduct their business
over the Internet.
Spam Policy:
Docu-Type Web Hosting
is committed to a zero-tolerance, anti-spamming
policy. 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 Docu-Type Web Hosting'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 Docu-Type Web Hosting
server, and selling or distributing software (on
a web site residing on a Docu-Type Web Hosting server)
that facilitates spamming. Violators will be assessed
a minimum fine of $200 and will face immediate
suspension. Docu-Type Web Hosting reserves the right
to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security
risk or are deemed to be adversely affecting server
performance or network integrity will be shut down
or will be automatically removed without prior
notice. Docu-Type Web Hosting does not permit CGI script
sharing with domains not hosted by Docu-Type Web Hosting
or any scripts that may be abused for UCE purposes.
Chat Rooms
Docu-Type Web Hosting
provides all customers with a free chat room
server that meet most users' needs and run without
hindering system performance. Chat
rooms tend to require significant system resources
and therefore Docu-Type Web Hosting does not allow customers
to install their own chat rooms without obtaining
written authorization from us prior to installing
or running any chat rooms.
IRC
Docu-Type Web Hosting does not allow IRC
or IRC bots to be operated on our servers.
Adult Content
Docu-Type Web
Hosting does not allow Adult Content on our servers.
Traffic/Bandwidth/Data Transfer
All hosting accounts
are allotted a certain amount of bandwidth each
month. Any
user who goes over their allotted amount of bandwidth
in a month will be billed at $2.00/GB.
Docu-Type Web Hosting provides a bandwidth
estimate figure in your control panel. This is
an estimate and is provided from the server level.
Actual account bandwidth usage is measured for
billing purposes at the port level. This policy
exists because many users offer files for download
via FTP which is not otherwise measured by the
server directly at this time. Please note that
because the bandwidth is monitored at the port,
any and all traffic for your Web Site is tracked
including, but not limited to: FTP uploads and
downloads, mail sending and retrieval, normal Web
traffic, etc. Everything that is pushed from our
server to a third-party's machine is considered
bandwidth and will be measured.
We have designed
this policy because many users find that hosts
offer "unlimited" bandwidth
only to find out that it has a very real bandwidth
limit. Further, they place restrictions on what
you can use the bandwidth for (i.e. no image galleries
because they are a large source of bandwidth consumption).
We tell you up-front how much bandwidth you are
allocated each month and you have the full amount
to use.
It is important to note that most sites
never use more than 4GB of bandwidth. Your site
has to be very popular or very graphic intensive
to use more than 4 GB.
Ownership of Web Site
The legal owner
of customers' web sites and accounts with Docu-Type
Web Hosting will be the individual or organization
whose name is listed in Docu-Type Web Hosting's database
as the owner. Docu-Type Web Hosting is only responsible
to the present owner of the Web hosting space.
We verify ownership by credit card number (if
paid for by credit card), name, address, email
address, username, & password.
If you give this information to any other party
or give access to your email address on your account
to another party, you risk having your Web site
and any other information on your account changed
and/or deleted. We are not responsible for any
information on your account should you reveal this
information to another party who causes damage
to your account and/or Web site.
If you are a Web designer and you are
not the person paying for the hosting account we
advise you to receive payment for your work before
you publish it to our servers. Once the Web site
is published to our servers the account owner has
retained ownership of that content.
Customers will fully cooperate with
and abide by any and all of Docu-Type Web Hosting's security
measures and procedures in the event of any dispute
over ownership of customers' web sites and accounts
with Docu-Type Web Hosting.
Child Pornography
The use of Docu-Type Web Hosting's services
to store, post, display, transmit, advertise or otherwise
make available child pornography is prohibited. Docu-Type
Web Hosting 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.
Modifications
Docu-Type Web Hosting 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 Docu-Type Web Hosting's services.
Certain changes to Docu-Type Web Hosting's services may
affect the operation of customers' personalized applications
and content. Each customer is solely responsible,
and Docu-Type Web Hosting is not liable, for any and all
such personalized applications and content, except
as expressly agreed to by Docu-Type Web Hosting.
Backup of Data
Full backups are made
weekly, and backups of new/changed data
made nightly. No guarantees are made of
any kind, either expressed or implied,
as to the integrity of these backups. Backups
are made for server restoration purposes
only. It is the clients' responsibility
to maintain local copies of their web content
any information. The "Archive Manager" is
included in each hosting plan and client
can use this tool to back up their files.
If loss of data occurs due to an error
of Docu-Type Web Hosting, we will attempt to
recover the date for no charge to the client.
If data loss occurs due to negligence of
client in securing their account or by
an action of the client, Docu-Type Web Hosting
will attempt to recover the data from the
most recent archive for a $50.00 fee.
If loss
of data occurs due to an error of Docu-Type Web Host,
Docu-Type Web Host will attempt to recover the data
at no charge to the client. If data loss occurs
due to negligence of client in securing their
account or by an action of the client.
Minimum Age Requirement
Docu-Type Web Hosting
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 AUP in
order for the Minor to become a Docu-Type Web Hosting
customer. A parent or guardian who accepts the
AUP on behalf of a Minor will be primarily liable
for ensuring complete and proper compliance with
the AUP, including the timely and full payment
of the charges for Docu-Type Web Hosting services, and
such primary liability will continue even when the
Minor has attained the age of 18, unless the parent
or guardian obtains Docu-Type Web Hosting's express written
consent to the contrary. Any acceptance of the AUP
or any other agreement for Docu-Type Web Hosting's services
will be deemed null and void to the extent that Docu-Type
Web Hosting will not be liable in any way as a result
of the Minor's age or legal incapacity or the Minor's
use of Docu-Type Web Hosting's services.
Indemnification
Docu-Type Web Hosting customers agree to protect,
defend, hold harmless, and indemnify Docu-Type Web Hosting,
any third party entity related to Docu-Type Web Hosting
(including, without limitation, third party vendors),
and Docu-Type Web Hosting's executives, directors, officers,
attorneys, managers, employees, consultants, contractors,
agents, parent companies, subsidiaries, and co-subsidiaries
with the same parent company as Docu-Type Web Hosting,
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 Docu-Type Web Hosting's
services.
Disclaimer
The Docu-Type Web Hosting 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.
Docu-Type Web Hosting expressly disclaims any representation
or warranty that the Docu-Type Web Hosting service will
be error-free, secure or uninterrupted. No oral advice
or written information given by Docu-Type Web Hosting,
its employees, licensors or the like, will create
a warranty; nor may you rely on any such information
or advice. Docu-Type Web Hosting 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.
Termination for Bankruptcy or
Insolvency
If a customer becomes insolvent or any
bankruptcy petition is filed by the customer, or
any third party against the customer, Docu-Type Web Hosting
may immediately terminate provision of Docu-Type Web Hosting'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 Docu-Type
Web Hosting in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER
NO THEORY OF LAW OR EQUITY, WILL DOCU-TYPE WEB
HOSTING BE LIABLE FOR THE LOSS OF A DOMAIN NAME,
OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE,
EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS
AND/OR DOCU-TYPE WEB HOSTING 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 DOCU-TYPE WEB HOSTING SERVICES EVEN
IF DOCU-TYPE WEB HOSTING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Governing Law and Severability
The AUP, and any other agreement for
Docu-Type Web Hosting services, will be governed by and
construed in accordance with the laws of the State
of Washington, USA without reference to its conflicts
of laws principles. Any litigation or arbitration
between a customer and Docu-Type Web Hosting will take
place in Washington, and the customer will consent
to personal jurisdiction and venue in that jurisdiction.
If any provision or portion of the AUP or other Docu-Type
Web Hosting agreement is found by a court of competent
jurisdiction to be unenforceable for any reason,
the remainder of the AUP or the agreement will continue
in full force and effect.
Force Majeure
Docu-Type Web Hosting
will not be liable for delays in its performance
of the AUP or Docu-Type Web Hosting services caused by
circumstances beyond Docu-Type Web Hosting's reasonable
control, including acts of God, wars, insurrection,
civil commotions, riots, national disasters, earthquakes,
strikes, fires, floods, water damage, explosions,
shortages of labor or materials, labor disputes,
transportation problems, accidents, embargoes,
or governmental restrictions (collectively "Force
Majeure"). Docu-Type Web Hosting will make reasonable efforts
to reduce to a minimum and mitigate the effect of
any Force Majeure.
Waiver and Amendment
Any waiver, modification, or amendment
of any provision of the AUP or other agreement for
Docu-Type Web Hosting services, initiated by a customer,
will be effective only if accepted in writing and
signed by an authorized representative of Docu-Type Web
Hosting.
Complete Agreement and Exclusivity
The AUP, and/or any other specific agreement
for Docu-Type Web Hosting services, constitutes the complete
understanding and agreement between Docu-Type Web Hosting
and its customers. Except when expressly agreed to
the contrary in signed writing by an authorized representative
of Docu-Type Web Hosting, the AUP supersedes any other
written (including digitized/computerized) agreement,
oral agreement, and/or agreement by conduct. This
AUP, and/or any other specific agreement for Docu-Type
Web Hosting services is between Docu-Type Web Hosting and
its customers only and will not confer any rights
in any third party except as otherwise expressly
provided by Docu-Type Web Hosting.
Refusal Of Service
We reserve the right to refuse, cancel,
or suspend service at our sole discretion
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