top Doteasy Service Usage Terms & Conditions Last update: Sep 26, 2001 1. General This agreement explains the terms and conditions governing your use of the Doteasy Service, technology, and any other content available on the Doteasy website. It represents the complete agreement and understanding between Doteasy Technology Inc., hereinafter called Doteasy or "We" and the person or organization who subscribes to the Service hereinafter called Member or "You". By using the Service, you agree to comply with all of the Terms and Conditions set out in this document. If you do not wish to accept this agreement, do not proceed with the registration. This document is accessible at any time on our website http://www.doteasy.com/Terms/index.cfm?T=TAC. Doteasy shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately, with or without notice by us. 2. Services All Doteasy Members will receive basic $0 hosting service which includes website hosting with 20 MB disk space, 1 GB bandwidth traffic, Member Zone control panel, file upload (FTP), POP and web-based email and email based customer support. Doteasy will provide the aforementioned basic $0 hosting service to Members without charge for the duration of the domain registration period purchased through Doteasy OR without any term restriction if the one-time US$35 transfer hosting fee has been paid. Basic $0 web hosting service does not include Doteasy Optional Feature services. Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. Access to your account is gained through your Doteasy Member ID and account password. You are entirely responsible if you do not maintain the confidentiality of the Member ID or password. If your Member ID or password is compromised, you should notify Doteasy immediately. 3. Payment Term and Termination For access to and use of any Doteasy Service, you agree to pay all fees and charges related to your Service. All fees are due immediately and are nonrefundable. If you upgrade your basic $0 hosting service to include Optional Features and need to change Optional Feature services at any time, your service fees will be prorated. Doteasy requires that you provide us with your credit card information for payment, and all charges you incur for use of the Service will be charged to the credit card number that will be kept on file for your account. Doteasy may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law. You understand that if Doteasy does not receive timely payment of all amounts due for any Service (hosting or domain name registration) or Optional Features you purchase, your use of any Doteasy Service may be terminated at our sole discretion. FEES PAID FOR ANY DOTEASY SERVICE IS NONREFUNDABLE. DOTEASY WILL NOT REFUND ANY FEES PAID BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US. For those clients subscribing to our Optional Features, the Optional Features shall automatically renew at the end of the initial term, for the same term duration, unless a cancellation request is received, prior to service renewal, by Doteasy along with Member ID and password for verification. We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your Service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement. Domain registrations purchased through Doteasy cannot be cancelled nor refunded. Domains will remain active until the end of the registration term. 4. Service Fees The prices for the Service and Optional Features are made available on our website and are subject to change without notice. No refunds will be given for partial terms or for any initial registration fee or setup fees. Where applicable, you will be charged for excessive bandwidth usage if you exceed the amount allocated to for your Service. Service fees will be charged for (but not limited to) additional DNS zone file customization requests, FrontPage extensions reset, re-enable FTP or email administrator privileges. Any applicable sales taxes resulting from your use of the Service will also be charged to you. Clients using the American Express card will be charged the Canadian dollar equivalent of the US total at an exchange rate of approximately 1.5:1 regardless of their selected billing currency. 5. Invoices Invoices for credit card charges for our hosting Services made to your credit card can be found in your account Member Zone located at https://www.Doteasy.com/MemberSignIn/Member.cfm. You must bring any invoice inquiries and disputes to our attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate. 6. Your Responsibilities While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for you and your authorized users' use of the Service. You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service. Any such changes will require you to provide the correct Member ID and password. (a) You may not use any Doteasy service to, including but not limited to: (i) display material containing pornographic material of any kind; (ii) provide material that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable content; (iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) display material or otherwise exploits children under 18 years of age; (v) post or otherwise any content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, ot other intellectual property right of any third party; (vi) promote or otherwise mail fraud, multi-level marketing (pyramid) schemes or other illegal or fradulent activities (vii) post or disclose any personally identifying information or private information about any third parties without their consent; (b) You agree that you will not provide, sell, or offer to sell the following products or content (or services related to the same) on the Member website: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus. (c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. (d) Unless Doteasy offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam). We strictly enforce a zero-spam tolerance policy. Spam abuse includes, but is not limited to, bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Doteasy account. Spam violations will result in immediate account suspension. (e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Doteasy Service, Solution or Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the Doteasy Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws. Without limiting the scope of the above, we forbid the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. You are responsible for keeping your contact information with us always current and updated. You have access to change your contact information at any time via our Member Zone control panel located on our website at https://www.doteasy.com/MemberSignIn/SignInForm.cfm. 7. Privacy Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the Privacy Policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by you of the modified Privacy Policy. Our Privacy Policy is accessible on our website http://www.doteasy.com/Terms/index.cfm?T=PP. 8. Advertising Doteasy relies on the ongoing support of its sponsors and advertisers to help fund the free Services offered to its Members. Accordingly, Member agrees that Doteasy is permitted send daily email newsletters containing advertisements of our sponsors and/or partners to our Members which include account administrators and all Doteasy email service users. 9. Service Interruption We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: any such suspensions of Service; the termination of Service pursuant to these Terms and Conditions; suspension or termination of Service due to your non-payment of amounts or deposits due; suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; your inability to access any Services; or suspension or termination of the Service for any other reason at our sole discretion. 10. Limitation of Liability The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely you and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally. Neither we nor our suppliers warrant that the Service will be uninterrupted or error free. Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Doteasy"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Doteasy is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Doteasy has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee. Your Indemnification of Doteasy You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement. 11. Relationship The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us. 12. Assignment These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent. We reserve the right to assign our rights and obligations under this Agreement to a third-party in connection with a merger, consolidation, sale of our assets or corporate re-organization. 13. Force Majeure Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event. 14. Unenforceable Provisions If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions. 15. Governing Law The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. Domain name registrations will subject you to the Terms and Conditions of the respective governing domain extension registries. .COM, .NET, .ORG domain name extensions are governed by ICANN policy. Please refer to http://www.icann.org. 16. Age of Majority Doteasy do not accept agreements and payments from persons under the legal age of 18 years. We require that agreements are made with a person who is legally qualified to contract. Doteasy customers must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure proper payment will be made. 17. Waiver No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. 18. Entire Agreement These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.