|
Web Hosting Agreement
This Web Hosting Agreement (this Agreement
) is between Dotformatics.com and the
person (individual or legal person) whose
signs Dotformatics.com's service order and
set up form (the Order ) incorporating
this Agreement by reference ( Customer ).
This Agreement governs Customer's use of
Dotformatics.com's Web hosting service.
Table of Contents
Services
Term
Payments
Law/AUP
Customer Information
Indemnification
Disclaimer of Warranties
Limitation of Damages
Suspension of Services/Termination
Request for Customer Information
Back Up Copy
Notices
Force Majeure
Miscellaneous
1. Services . Subject to the terms of
this Agreement, and contingent on Customer's
satisfaction of Dotformatics.com's credit
approval requirements, Dotformatics.com
agrees to provide the web hosting services
described in the Order for the fees stated
in the Order.
2. Term.
The initial service term of the Agreement
shall begin on the date that
Dotformatics.com generates an e-mail message
to Customer announcing the activation of the
Customer's account (the Service
Commencement Date ) and shall continue for
the number of months stated in the Order
(the Initial Term ). Upon expiration of
the Initial Term, this Agreement shall
automatically renew for up to three
successive renewal terms of the same length
as the Initial Term (each a Renewal Term
) unlessl Dotformatics.com or Customer
provides the other with written notice of
non-renewal at least thirty (30) days prior
to the expiration of the Initial Term or
then-current Renewal Term, as applicable.
The Initial Term and any Renewal Term may be
referred to collectively in this Agreement
as the Term .
3. Payments.
(a) Fees .
Fees are payable in advance on the first day
of each billing cycle. Customer's billing
cycle shall be monthly or annually as
indicated on the Order, beginning on the
Service Commencement Date. Dotformatics.com
may require payment for the first billing
cycle before beginning service. If the Order
provides for credit/debit card billing,
Customer authorizes Dotformatics.com to bill
subsequent fees to the credit/debit card on
or after the first day of each successive
billing cycle during the Term of this
Agreement; otherwise Dotformatics.com will
invoice Customer via electronic mail to the
Primary Customer Contact listed on the
Order. Invoiced fees may be issued on or
before the 1 st day of each billing cycle,
and the fees shall be due on the 14 th day
following invoice date, but in no event
earlier than the first day of each billing
cycle.
Payments must be made in United States
dollars. Customer is responsible for
providing Dotformatics.com with changes to
billing information (such as credit card
expiration, change in billing address) At
its option, Dotformatics.com may accrue
charges to be made to a credit/debit card
until such charges exceed $10.00.
Dotformatics.com may charge interest on
overdue amounts at the lesser of 1.5% per
month or the maximum non-usurious rate under
applicable law. Dotformatics.com may suspend
the service without notice if payment for
the service is overdue. Fees not disputed
within sixty (60) days of due date are
conclusively deemed accurate. Customer
agrees to pay Dotformatics.com's reasonable
reinstatement fee following a suspension of
service for non-payment, and to pay
Dotformatics.com's reasonable costs of
collection of overdue amounts, including
collection agency fees, attorney fees and
court costs.
(b) Fee Increases . Dotformatics.com may
increase its fees for services effective the
first day of a Renewal Term by giving notice
to Customer of the new fees at least forty
five (45) days prior to the beginning of the
Renewal Term, and if Customer does not give
a notice of non-renewal as provided in
Section 2 above, the Customer shall be
deemed to have accepted the new fee for that
Renewal Term and any subsequent Renewal
Terms (unless the fees are increased in the
same manner for a subsequent Renewal Term).
(c) Taxes . At Dotformatics.com's request
Customer shall remit to Dotformatics.com all
sales, VAT or similar tax imposed on the
provision of the services (but not in the
nature of an income tax on
Dotformatics.com), regardless of whether
Dotformatics.com fails to collect the tax at
the time the related services are provided.
(d) Early Termination . Customer
acknowledges that the amount of the fee for
the service is based on Customer's agreement
to pay the fee for the entire Initial Term,
or Renewal Term, as applicable. In the event
Dotformatics.com terminates the Agreement
for Customer's breach of the Agreement in
accordance with Section 9 (Termination), or
Customer terminates the service other than
in accordance with Section 9 (Termination)
for Dotformatics.com's breach, the unpaid
fees for each billing cycle remaining in the
Initial Term or then-current Renewal Term,
as applicable, are due on the business day
following termination of the Agreement.
4. Law/AUP . Customer agrees to use
the service in compliance with applicable
law and Dotformatics.com's Acceptable Use
Policy posted at the second part of this
page , which is hereby incorporated by
reference in this Agreement. Customer agrees
that Dotformatics.com may, in its reasonable
commercial judgment consistent with industry
standards, amend the AUP from time to time
to further detail or describe reasonable
restrictions and conditions on Customer's
use of the Services. Amendments to the AUP
are effective on the earlier of
Dotformatics.com's notice to Customer that
an amendment has been made, or the first day
of any Renewal Term that begins subsequent
to the amendment. Customer agrees to
cooperate with Dotformatics.com's reasonable
investigation of any suspected violation of
the AUP. In the event of a dispute between
Dotformatics.com and Customer regarding the
interpretation of the AUP,
Dotformatics.com's commercially reasonable
interpretation of the AUP shall govern.
5. Customer Information. Customer
represents and warrants to Dotformatics.com
that the information he, she or it has
provided and will provide to
Dotformatics.com for purposes of
establishing and maintaining the service is
accurate. If Customer is an individual,
Customer represents and warrants to
Dotformatics.com that he or she is at least
18 years of age. Dotformatics.com may rely
on the instructions of the person listed as
the Primary Customer Contact on the Order
with regard to Customer's account until
Customer has provided a written notice
changing the Primary Customer Contract.
6 Indemnification. Customer agrees to
indemnify and hold harmless
Dotformatics.com, Dotformatics.com's
affiliates, and each of their respective
officers, directors, agents, and employees
from and against any and all claims,
demands, liabilities, obligations, losses,
damages, penalties, fines, punitive damages,
amounts in interest, expenses and
disbursements of any kind and nature
whatsoever (including reasonable attorneys
fees) brought by a third party under any
theory of legal liability arising out of or
related to the actual or alleged use of
Customer's services in violation of
applicable law or the AUP by Customer or any
person using Customer's log on information,
regardless of whether such person has been
authorized to use the services by Customer.
7. Disclaimer of Warranties.
Dotformatics.com DOES NOT WARRANT OR
REPRESENT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE. TO THE EXTENT PERMITTED BY
APPLICABLE LAW Dotformatics.com DISCLAIMS
ANY AND ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, ALL
SERVICES ARE PROVIDED ON AN AS IS BASIS.
8. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER
FOR ANY LOST PROFITS, OR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR
DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE
USE OF REASONABLE DILIGENCE, ARISING IN
CONNECTION WITH THE AGREEMENT, EVEN IF THE
PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF
THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE
AGREEMENT TO THE CONTRARY, THE MAXIMUM
AGGREGATE LIABILITY OF Dotformatics.com AND
ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES,
UNDER ANY THEORY OF LAW (INCLUDING BREACH OF
CONTRACT, TORT, STRICT LIABILITY, AND
INFRINGEMENT) SHALL BE A PAYMENT OF MONEY
NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER
FOR THREE MONTHS OF SERVICE.
9. Suspension/Termination .
(a) Suspension of Service . Customer agrees
that Dotformatics.com may suspend services
to Customer without notice and without
liability if: (i) Dotformatics.com
reasonably believes that the services are
being used in violation of the AUP; (ii)
Customer fails to cooperate with any
reasonable investigation of any suspected
violation of the AUP; (iii) Dotformatics.com
reasonably believes that the suspension of
service is necessary to protect its network
or its other customers, or (iv) as requested
by a law enforcement or regulatory agency.
Customer shall pay Dotformatics.com's
reasonable reinstatement fee if service is
reinstituted following a suspension of
service under this subsection.
(b) Termination. The Agreement may be
terminated by Customer prior to the
expiration of the Initial Term or any
Renewal Term without further notice and
without liability if Dotformatics.com fails
in a material way to provide the service in
accordance with the terms of the Agreement
and does not cure the failure within ten
(10) days of Customer's written notice
describing the failure in reasonable detail.
The Agreement may be terminated by
Dotformatics.com prior to the expiration of
the Initial Term or any Renewal Term without
further notice and without liability as
follows: (i) upon ten (10) days notice if
Customer is overdue on the payment of any
amount due under the Agreement; (ii)
Customer materially violates any other
provision of the Agreement, including the
AUP, and fails to cure the violation within
thirty (30) days of a written notice from
Dotformatics.com describing the violation in
reasonable detail; (iii) upon one (1) days
notice if Customer's Service is used in
violation of a material term of the AUP more
than once, or (iv) upon one (1) days notice
if Customer violates Section 5 (Customer
Information) of this Agreement. Either party
may terminate this agreement upon ten (10)
days advance notice if the other party
admits insolvency, makes an assignment for
the benefit of its creditors, files for
bankruptcy or similar protection, is unable
to pay debts as they become due, has a
trustee or receiver appointed over all or a
substantial portion of its assets, or enters
into an agreement for the extension or
readjustment of all or substantially all of
its obligations.
10. Requests for Customer Information
. Customer agrees that Dotformatics.com may,
without notice to Customer, (i) report to
the appropriate authorities any conduct by
Customer or any of Customer's customers or
end users that Dotformatics.com believes
violates applicable law, and (ii) provide
any information that it has about Customer
or any of its customers or end users in
response to a formal or informal request
from a law enforcement or regulatory agency
or in response to a formal request in a
civil action that on its face meets the
requirements for such a request.
11. Back Up Copy. Customer agrees to
maintain a current copy of all content
hosted by Dotformatics.com notwithstanding
any agreement by Dotformatics.com to provide
back up services.
12. Changes to Dotformatics.com's Network
. Upgrades and other changes in
Dotformatics.com's network, including, but
not limited to changes in its software,
hardware, and service providers, may affect
the display or operation of Customer's
hosted content and/or applications.
Dotformatics.com reserves the right to
change its network in its commercially
reasonable discretion, and Dotformatics.com
shall not be liable for any resulting harm
to Customer.
13. Notices. Notices to
Dotformatics.com under the Agreement shall
be given via electronic mail to the e-mail
address posted for customer support on
http://www.Dotformatics.com/contact.php
Notices to Customer shall be given via
electronic mail to the individual listed as
the Primary Customer Contact on the Order.
Notices are deemed received on the day
transmitted, or if that day is not a
business day, on the first business day
following the day delivered. Customer may
change his, her or its notice address by a
notice given in accordance with this
Section.
14. Force Majeure . Dotformatics.com
shall not be in default of any obligation
under the Agreement if the failure to
perform the obligation is due to any event
beyond Dotformatics.com's control,
including, without limitation, significant
failure of a portion of the power grid,
significant failure of the Internet, natural
disaster, war, riot, insurrection, epidemic,
strikes or other organized labor action,
terrorist activity, or other events of a
magnitude or type for which precautions are
not generally taken in the industry.
15. Miscellaneous. Each party
acknowledges and agrees that the other party
retains exclusive ownership and rights in
its trademarks, service marks, trade
secrets, inventions, copyrights, and other
intellectual property. Neither party may use
the other party's name or trade mark without
the other party's prior written consent. The
parties intend for their relationship to be
that of independent contractors and not a
partnership, joint venture, or
employer/employee. Neither party will
represent itself to be agent of the other.
Each party acknowledges that it has no power
or authority to bind the other on any
agreement and that it will not represent to
any person that it has such power or
authority. This Agreement may be amended
only by a formal written agreement signed by
both parties. The terms on Customer's
purchase order or other business forms are
not binding on Dotformatics.com unless they
are expressly incorporated into a formal
written agreement signed by both parties. A
party's failure or delay in enforcing any
provision of the Agreement will not be
deemed a waiver of that party's rights with
respect to that provision or any other
provision of the Agreement. A party's waiver
of any of its right under the Agreement is
not a waiver of any of its other rights with
respect to a prior, contemporaneous or
future occurrence, whether similar in nature
or not. The captions in the Agreement are
not part of the Agreement, but are for the
convenience of the parties. The following
provisions will survive expiration or
termination of the Agreement: Fees,
indemnity obligations, provisions limiting
liability and disclaiming warranties,
provisions regarding ownership of
intellectual property, these miscellaneous
provisions, and other provisions that by
their nature are intended to survive
termination of the Agreement. There are no
third party beneficiaries to the Agreement.
Neither insurers nor the customers of
resellers are third party beneficiaries to
the Agreement. Customer may not transfer the
Agreement without Dotformatics.com's prior
written consent. Dotformatics.com's approval
for assignment is contingent on the assignee
meeting Dotformatics.com's credit approval
criteria. Dotformatics.com may assign the
Agreement in whole or in part.
This Agreement together with the Order and
AUP constitutes the complete and exclusive
agreement between the parties regarding its
subject matter and supercedes and replace
any prior understanding or communication,
written or oral.
Dotformatics.comฎ
Acceptable Use Policy
(AUP)
This AUP governs the use of
Dotformatics.com's web hosting service.
Violation of this AUP may result in
suspension or termination of your service.
In the event of a dispute between you and
Dotformatics.com regarding the
interpretation of this AUP,
Dotformatics.com's interpretation, in its
reasonable commercial judgment, shall
govern. If you have any questions regarding
this AUP, contact Legas@Dotformatics.com
Table of Contents
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
Internet Abuse
Newsgroup, Chat Forums, Other Networks
Offensive Content
You may not publish or transmit via
Dotformatics.com's service any content that
Dotformatics.com reasonably believes:
constitutes child pornography;
constitutes pornography;
is excessively violent, incites violence,
threatens violence, or contains harassing
content or hate speech;
is unfair or deceptive under the consumer
protection laws of any jurisdiction,
including chain letters and pyramid schemes;
is defamatory or violates a person's
privacy;
creates a risk to a person's safety or
health, creates a risk to public safety or
health, compromises national security, or
interferes with a investigation by law
enforcement;
improperly exposes trade secrets or other
confidential or proprietary information of
another person;
is intended to assist others in defeating
technical copyright protections;
clearly infringes on another person's
trade or service mark, patent, or other
property right;
promotes illegal drugs, violates export
control laws, relates to illegal gambling,
or illegal arms trafficking;
is otherwise illegal or solicits conduct
that is illegal under laws applicable to you
or to Dotformatics.com; or
is otherwise malicious, fraudulent, or may
result in retaliation against
Dotformatics.com by offended viewers.
Content published or transmitted via
Dotformatics.com's service includes Web
content, e-mail, bulletin board postings,
chat, and any other type of posting or
transmission that relies on any Internet
service provided by Dotformatics.com.
Security
You must take reasonable security
precautions. You must protect the
confidentiality of your password, and you
should change your password periodically.
Bulk Commercial E-Mail
You must obtain Dotformatics.com's advance
approval for any bulk commercial e-mail,
which will not be given unless you are able
to demonstrate all of the following to
Dotformatics.com's reasonable satisfaction:
Your intended recipients have given their
consent to receive e-mail via some
affirmative means, such as an opt-in
procedure;
Your procedures for soliciting consent
include reasonable means to ensure that the
person giving consent is the owner of the
e-mail address for which the consent is
given;
You retain evidence of the recipient's
consent in a form that may be promptly
produced on request, and you honor
recipient's and Dotformatics.com's requests
to produce consent evidence within 72 hours
of receipt of the request.
The body of the e-mail must describe how
the e-mail address was obtained, for
example, You opted in to receive this
e-mail promotion from our Website or from
one of our partner sites, and information
on how to request evidence of the consent,
for example, If you would like to learn
more about how we received your e-mail
address please contact us at
admin@Dotformatics.com.
You have procedures in place that allow a
recipient to;
easily revoke their consent such as a
link in the body of the e-mail, or
instructions to reply with the word Remove
in the subject line. Revocations of consent
are honored within 72 hours, and you notify
recipients that their revocation of their
consent will be honored in 72 hours;
You must post an abuse@** yourdoman.com**
e-mail address on the first page of any Web
site associated with the e-mail, you must
register that address at abuse.net, and you
must promptly respond to messages sent to
that address;
You must have a Privacy Policy posted for
each domain associated with the mailing;
You have the means to track anonymous
complaints;
You may not obscure the source of your
e-mail in any manner. Your e-mail must
include the recipients e-mail address in the
body of the message or in the TO line of
the e-mail; and
You otherwise comply with the CAN SPAM Act
and other applicable law.
These policies apply to messages sent using
your Dotformatics.com service, or to
messages sent from any network by you or any
person on your behalf that directly or
indirectly refer the recipient to a site
hosted via your Dotformatics.com service. In
addition, you may not use a third party
e-mail service that does not practice
similar procedures for all its customers.
Dotformatics.com may test and otherwise
monitor your compliance with its
requirements, including requesting opt-in
information from a random sample of your
list at any time.
Unsolicited E-Mail
You may not send any unsolicited e-mail,
either in bulk or individually, to any
person who has indicated that they do not
wish to receive it.
You must comply with the rules of any other
network you access or participate in using
your Dotformatics.com's services.
Material Protected by Copyright
You may not publish, distribute, or
otherwise copy in any manner any music,
software, art, or other work protected by
copyright law unless:
you have been expressly authorized by the
owner of the copyright for the work to copy
the work in that manner;
You are otherwise permitted by established
United States copyright law to copy the work
in that manner.
Dotformatics.com will terminate the service
of repeat copyright infringers.
Copyright Infringement Notice (Digital
Millennium Copyright Act)
If you believe your copyright is being
infringed by a person using the
Dotformatics.com network, please send your
written notice of copyright infringement to:
Dotformatics.com
New English School Strt, Al
Qudah Center 1, 2nd Floor,
Office 202.
Tel: +962 6 556296/7/8
Fax: +962 6 556295
P.O.Box 851284 Amman 11185
Your notice must include the
following:
A physical or electronic
signature of a person authorized
to act on behalf of the owner of
an exclusive right that is
allegedly infringed;
Identification of the
copyrighted work claimed to have
been infringed, or if multiple
copyrighted words at a single
site are covered by a single
notification, a representative
list of such works at that site;
Identification of the material
that is claimed to be infringing
or to be the subject of
infringing activity and that is
to be removed or access to which
is to be disabled, and
information reasonably
sufficient to permit
Dotformatics.com to locate the
material;
Information reasonably
sufficient to permit
Dotformatics.com to contact you,
such as an address, telephone
number, and, if available, an
e-mail address;
A statement that you have a
good faith belief that use of
the material in the manner
complained of is not authorized
by the copyright owner, the
copyright owner's agent, or the
law;
A statement that the
information in the notification
is accurate, and under penalty
of perjury that you are
authorized to act on behalf of
the owner of an exclusive right
that is allegedly infringed.
Other
You must have valid and current
information on file with your
domain name registrar for any
domain hosted on the
Dotformatics.com network.
Disclaimer
Dotformatics.com is under no
duty, and does not by this AUP
undertake a duty, to monitor or
police our customers' activities
and disclaims any responsibility
for any misuse of the
Dotformatics.com network.
Inquiries regarding this policy
should be directed to
Legal@Dotformatics.com
Internet Abuse
You may not engage in illegal,
abusive, or irresponsible
behavior, including:
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
(including those belonging to
Dotformatics.com and its
customers) without express
authorization of the owner of
the system or network;
monitoring data or traffic on
any network or system without
the 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;
Use of an Internet account or
computer without the owner's
authorization, including, but
not limited to Internet scanning
(tricking other people into
releasing their passwords),
password robbery, security hole
scanning, and port scanning;
Forging of any TCP-IP packet
header or any part of the header
information in an e-mail or a
newsgroup posting; or
Any conduct that is likely to
result in retaliation against
the Dotformatics.com's network.
Use of Dotformatics.com's
network in a way that
unreasonably interferes with
Dotformatics.com's other
customers use of the network
Newsgroup, Chat Forums, Other
Networks
You must comply with the rules
and conventions for postings to
any bulletin board, chat group
or other forum in which you
participate, such as IRC and
USENET groups including their
rules for content and commercial
postings. These groups usually
prohibit the posting of
off-topic commercial messages,
or mass postings to multiple
forums. |
