Web Site Hosting Usage Agreement
Please read the entire Web Site Hosting Usage Agreement ("Agreement") carefully. By using the web site hosting service ("services") provided by Dantor Communications LLC ("Dantor") and the individual or entity using the web site hosting service ("customer") agree to all the terms and conditions set forth herein. Customer acknowledges that Dantor may amend or change this agreement at any time, without notice, by posting the amended or changed agreement on its public web site. Customer agrees and acknowledges that the continued use of the web site hosting service after any such changes to this agreement have been posted, constitutes your acceptance of those changes. This agreement remains in effect for two (2) years after termination, cancellation, or last day services were provided to the customer.
1. ONLY AGREEMENT
You the customer agree that this Agreement is the complete and only Agreement between the customer and Dantor regarding the web site hosting service ("services") contemplated herein and that this agreement remains in effect for two (2) years after termination, cancellation, or last day services were provided to the customer.
2. DESCRIPTION OF SERVICE
Web site hosting service (services): Dantor manages computer servers (servers) connected to the Internet. Dantor provides web site hosting service that allows customers to place a copy of their web site pages (content) on Dantor's servers, for display over the Internet. Web site hosting service may or may not also include FTP access, Email service, DNS service, usage statistics, and other Internet services. Services are provided on a monthly or yearly term.
3. FORCE MAJEURE
You the customer agree that Dantor shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of software, failure of hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
4. LIMITATION OF LIABILITY
You the customer agree that Dantor makes absolutely no warranties whatsoever, express or implied, including warranties of non-infringement, merchantability, or fitness for a particular purpose. Dantor does not guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via it's systems or servers. In no event shall Dantor be liable for any direct, indirect, incidental, special or consequential damages, loss of profits, revenue, data, or use, suffered by the customer or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Dantor has been advised of the possibility of such damages. In no event will Dantor's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual or prorated dollar amount paid by customer for the service which gave rise to such damages, losses, and causes of actions during the one (1) month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply. In such jurisdictions, Dantor's liability (and the liability of its directors, officers, employees, affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.
5. INDEMNIFICATION
You the customer agree that the customer will indemnify, save harmless, and defend Dantor and all directors, officers, employees, and agents of Dantor Communications LLC (collectively "indemnified parties") 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 attorneys’ fees) arising out of or relating to the use of the services by customer. Such claims shall include, but shall not be limited to, claims based upon trademark ,service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
6. IP ADDRESSES
You the customer agree that IP addresses shall at all times remain the property of Dantor. Any and all IP addresses assigned to the customer are assigned on a temporary basis. Dantor reserves the right to assign the same IP address to multiple customers. Dantor reserves, at it's sole discretion, the right to change or remove any and all such IP numbers and addresses at any time.
7. DISK SPACE USAGE
You the customer agree that the customer shall not exceed the disk space usage limit of their services. If disk space usage exceeds the disk space usage limit for the customer services, Dantor, at it's sole discretion and without notification to the customer, may assess additional charges of fifty cents ($0.50) per additional MB (megabyte) of disk space usage, suspend services, discontinue services, delete content from the customer services, or terminate services. In the event that Dantor elects to take such action, the customer shall not be entitled to a refund of any fees paid in advance of such corrective action.
8. BANDWIDTH
You the customer agree that the customer shall not exceed the bandwidth usage limit of their services. If bandwidth usage exceeds the bandwidth usage limit for the customer services, Dantor, at it's sole discretion and without notification to the customer, may assess additional charges of two dollars ($2) per additional GB (gigabyte) of bandwidth usage, suspend services, discontinue services, delete content from the customer services, or terminate services. In the event that Dantor elects to take such action, the customer shall not be entitled to a refund of any fees paid in advance of such corrective action.
9. CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; (f) is required by law to be disclosed; (g) is or may be required by Dantor to assist in the investigation or prosecution of spam or abuse complaints; (h) is or may be required by Dantor to defend against, pursue, or initiate litigation.
10. GOVERNING LAW
You the customer agree that The validity, interpretation, enforceability, and performance of this agreement shall be governed by and construed in accordance with the laws of the State of Michigan. You the customer agree that any litigation initiated by or on behalf of the customer will be litigated in Macomb County, Michigan and that any federal litigation initiated by or on behalf of the customer will be litigated in the United States District Court, Eastern District of Michigan. You the customer agree that the customer will pay any and all attorneys’ fees and expenses incurred by Dantor related to litigation initiated by or on behalf of the customer that is initiated outside of Macomb County, Michigan or the United States District Court, Eastern District of Michigan, until any such litigation is moved to Macomb County, Michigan or the United States District Court, Eastern District of Michigan.
11. ENFORCEMENT OF AGREEMENT
You the customer agree that in the event it is necessary for Dantor to enforce its rights under this agreement, the customer agrees to pay all fees and expenses (whether legal or administrative) incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees)
12. SEVERABILITY
You the customer agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
13. SUSPENSION OF SERVICES
Suspension: If Dantor suspends the customer's services, the copy of the customer's content located on Dantor's servers, as well as all services will not be accessible in any way from the Internet. Dantor will maintain a copy or backup of the copy of the customer's content located on Dantor's servers until the services are restored or terminated.
14. TERMINATION OF SERVICES
Termination: If Dantor terminates the customer's services, all content and all services located on Dantor's servers related in any way to the services may be permanently deleted.
15. CANCELLATION
The customer may terminate the services at any time by deleting customer's the content from Dantor's servers and notifying Dantor by email of the cancellation. However, the customer is not released from this Agreement. This agreement remains in effect for two (2) years after termination, cancellation, or last day services were provided to the customer. The customer remains obligated to pay all amounts remaining in the initial or current term, as well as any costs or fees that are currently due or become due at any time under any other provision of this agreement. Any and all prepayment for services made by the customer are non refundable.
Termination of services by Dantor or the customer shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time. Dantor reserves the right to terminate the customer's services without cause prior to the end of the term, upon twenty four (24) hours notice to the customer.
16. BILLING
You the customer agree that during the term of this agreement, the customer shall pay the fees for the services, as applicable. Such fees may include taxes, fees or assessments by governmental agencies. Dantor shall have the right, at any time, to pass through and invoice to the customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by Dantor by any governmental agency.
Invoices are due and payable on the due date stated on the invoice. All payments shall be made in U.S. currency. Dantor, at it's sole discretion, may suspend or terminate customer services if the customer fails to pay the invoice in full on or before the due date.
The fees set forth on the Dantor web site are guaranteed during the initial or current term of this agreement.
Dantor may assess, at it's sole discretion, a late payment charge equal to $20 or 1.5% of the current balance (whichever is higher) per month or portion thereof on the outstanding balance of any invoice remaining unpaid after the date upon which payment is due.
In the event the web hosting customer account becomes past due, or is otherwise deemed insecure, Dantor may, in its sole discretion, may suspend or terminate customer services. In the event of such suspension or termination of customer services, the customer may be required to post a deposit or such other security, as Dantor deems necessary in order to resume receiving the services. In addition, if Dantor, in its sole discretion, deems the customer to be financially insecure, Dantor may require such other action of the customer, including letters of credit, security deposit(s), restrictions on available credit or other action as Dantor may require from time to time regardless of the customer's current status or payment history. Failure to satisfy Dantor's request for such action within time lines set by Dantor may result in immediate termination of services without further notice.
Termination of services by Dantor shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time.
17. ADULT CONTENT
You the customer agree that the customer shall not create, send, store or link to any adult content while using Dantor's services. Dantor may, in its sole discretion, immediately suspend or terminate, without notice to the customer, the services of any customer that violates the adult content ban. Dantor, at it's sole discretion, reserves the right to determine what is or is not adult content.
Termination of services by Dantor shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time.
18. ILLEGAL ACTIVITIES
You the customer agree that the customer shall not create, send, store or link to any content that is or may be deemed illegal in the United States, Canada, or Mexico while using Dantor's services. Dantor may, in its sole discretion, immediately suspend or terminate, without notice to the customer, the services of any customer that violates the ban on content that is or may be deemed illegal in the United States, Canada, or Mexico while using Dantor's services. Dantor, at it's sole discretion, reserves the right to determine what may be deemed illegal in the United States, Canada, or Mexico.
Termination of services by Dantor shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time.
19. ABUSE
You the customer agree that Dantor, at it's sole discretion, reserves the right to immediately suspend or terminate, without notice to the customer, any and/or all customer services if any customer services are found to be used, in any way, in Internet abuse, SPAMMING, or various scams and frauds.
You the customer agree that the customer is responsible for the content(s) of all services used by the customer and any third party's (known or unknown) use of the customer's services including: any and all content viewed from, sent to or from the servers, uploaded or downloaded from the servers, or installed on the servers by the customer, that make use of the customer's services with Dantor; any and all content viewed from, sent to or from the servers, uploaded or downloaded from the servers, or installed on the servers by any third party (known or unknown), that make use of the customer's services with Dantor. You the customer agree that the customer is responsible for making sure that any passwords used by the customer or the customer's users are secure and complex enough to prevent use of passwords or guessing of passwords by third party's, and the customer is responsible for any the secure configuration of and use of any scripts, forms, or software that the customer has configured, installed, or uses on the customer's web site or services. You the customer agree that the customer is responsible for your own actions or inaction and that the incompetence of the customer as a web master or web application programer is not a valid excuse for anything that Dantor may term Internet abuse.
Internet abuse includes, but is not limited to spamming, sending unsolicited advertising or emails to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user, allowing spamming by third parties to promote a web site hosted by Dantor or elsewhere, trolling, posting outrageous messages to generate numerous responses, mailbombing, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, attempting without authorization to enter into a secured computer system, newsgroup flooding, forgery, account hacking, posting of defamatory, scandalous, or private information about a person without their consent, violating trademarks, copyrights, or other intellectual property rights, misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to scripts installed on Dantor's, attempting to use a single customer' services for third party web sites by allowing other web sites to reference pages within the customer's site, impersonation of other web sites, phishing scams, posting or sending of false or misleading contact information.
Dantor, at it's sole discretion, reserves the right to determine what constitutes abuse.
You the customer agree that: (a) an administrative fee of twenty five ($25) dollars will be assessed by Dantor against the customer's account for EACH abuse complaint received from the general internet population, regarding the customer's services; (b) an administrative fee of fifty ($50) dollars will be assessed by Dantor against the customer's account for EACH abuse complaint received from any government, medical, banking, or educational institution, or from any business that provides Internet services or infrastructure, regarding the customer's services; (c) an administrative fee of five hundred ($500) dollars PER DAY will be assessed by Dantor against the customer's account for EACH and EVERY IP address held by Dantor that is blacklisted, blocked, null routed, or blackholed on the Internet due to Internet abuse for/from/by/through the customer's services; (d) the customer account will be assessed at a rate of seventy ($70) dollars per hour, billed by the quarter hour, for all work performed by the Dantor technical staff to investigate/stop/mitigate the abusive Internet activity, and for all work performed by the Dantor administrative staff to get the blacklisted, blocked, null routed, or blackholed IP addresses removed from the blacklists, blocked lists, null routes, or blackhole listings.
Termination of services by Dantor shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time.
20. BULK EMAIL POLICY
Dantor has strict policy against bulk email, spam, and unsolicited email and support services for bulk email, spam, and unsolicited email. Spam, also known as UCE, bulk email, unsolicited commercial email, and email marketing is strictly prohibited.
You the customer agree that Dantor, at it's sole discretion, reserves the right to immediately suspend or terminate, without notice to the customer, any and/or all customer services if any customer services are found to be used, in any way, to send or provide support services for sending bulk email or spam, and that Dantor, at it's sole discretion, reserves the right to determine what is or is not spam or a spam support service.
You the customer agree that: (a) Spam is defined as any unsolicited or unwanted email sent to one or more email accounts; (b) a spam support service is anything that facilitates or enables spam. Examples of spam support services include, but are not limited to: bulk emailing software, lists of email addresses, proxy lists, open relay lists, form mailing script lists, having exploitable emailing scripts or pages on your web site, and providing DNS service to spam marketers.
You the customer agree that: (a) an administrative fee of twenty five ($5) dollars will be assessed by Dantor against the customer's account for EACH spam complaint received from the general internet population, regarding the customer's services; (b) an administrative fee of fifty ($10) dollars will be assessed by Dantor against the customer's account for EACH spam complaint received from any government, medical, banking, or educational institution, or from any business that provides Internet services or infrastructure, regarding the customer's services; (c) an administrative fee of five hundred ($500) dollars PER DAY will be assessed by Dantor against the customer's account for EACH and EVERY IP address held by Dantor that is blacklisted, blocked, null routed, or blackholed on the Internet due to spam for/from/by/through the customer's services; (d) the customer account will be assessed at a rate of seventy ($70) dollars per hour, billed by the quarter hour, for all work performed by the Dantor technical staff to investigate/stop/mitigate the spam activity, and for all work performed by the Dantor administrative staff to get the blacklisted, blocked, null routed, or blackholed IP addresses removed from the blacklists, blocked lists, null routes, or blackhole listings.
Termination of services by Dantor shall not relieve the customer of any obligations to pay fees or costs accrued prior to such termination, or fees or costs that may become due after termination or at any time under any other provision of this agreement, or fees or costs incurred by Dantor (including, but not limited to, attorney's fees and collection agency fees) while enforcing this agreement at any time.