TERMS OF SERVICE AND ACCEPTABLE USE POLICY
Dubbah Design is a dba of Robyn Smith, Caribou Maine. All accounts are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Dubbah Design, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
• Restrict or inhibit any other user from using and enjoying the Internet.
Dubbah Design reserves to the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
• Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time except if on a dedicated server.
• Run any type of interactive real-time chat applications that require server resources on shared servers. Remotely hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on a shared server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any site with adult-oriented content, including but not limited to any nude or pornographic material, except on servers where we specifically allow adult material.
• Use an account for storage of backup files. Backup files should be downloaded off the server. Backups are also made weekly by Dubbah Design's parent company, KwikHosting.
• Use an account for storage purposes. Accounts where more than 50% of the files are stored without being linked are not allowed.
• Use an account to host and/or distribute copyrighted software.
• Use an account to host and/or distribute Emulators/ROMs. Because of increased controversy surrounding Emulators/ROMs, we do not allow any websites pertaining to Emulators/ROMs.
Users are also required to abide by the following:
• Databases are only to be used for Dubbah Design-hosted web sites, and no outside access will be granted.
• Certain CGI scripts are not allowed as they cause security or resource problems. It is the account holder’s responsibility to ascertain what programs are permitted. Any file or program of any kind with the potential to create security or resource problems may be removed without notice, at Dubbah Design's sole discretion.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice; this includes shared, reseller and resold accounts, and dedicated server accounts.
Dubbah Design reserves the right to require changes or disable as necessary any server, web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion. No compensation will be made for service interruptions made by Dubbah Design's service providers in order to investigate or prevent spam or other abuse.
3. Indemnification
You agree to indemnify, defend, and hold harmless Dubbah Design from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Dubbah Design or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
Dubbah Design reserves the right to refuse or discontinue service to anyone at our sole discretion. Dubbah Design may deny you access to all or part of the service without notice if you engage in any conduct or activities that Dubbah Design in its sole discretion believes violates any of the terms and conditions in this agreement. Dubbah Design shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Dubbah Design and its parent, Kwik Hosting, have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Dubbah Design reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Dubbah Design and Kwik Hosting also reserve the right to refuse refunds in cases where it is believed abuse has taken place.
5. No warranties
Dubbah Design makes no warranties or representations, except the money back guarantee policy, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Dubbah Design or its agents or employees shall create a warranty. Dubbah Design provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Dubbah Design or Kwik Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Dubbah Design service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on our servers that such information becomes available to all Internet users and that Dubbah Design has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Dubbah Design servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Dubbah Design or on the Internet generally.
Your use of the service is at your sole risk. Dubbah Design and Kwik Hosting are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on our servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Dubbah Design and Kwik Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies.
Dubbah Design reserves the right to monitor any and all communications through or with our facilities. You agree that Dubbah Design is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply Dubbah Design with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Violation of the Terms and Conditions
If your account is used to resell hosting services, you are responsible for your client's account(s). If one of your clients is in violation of the terms and conditions, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us at the signup. If your reseller account is in violation of the terms and conditions, the same rules apply.
8. Payment & Other Information
You agree to supply appropriate payment for the services received from Dubbah Design in advance of the time period during which such services are provided. You agree that until and unless you notify Dubbah Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Dubbah Design or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Dubbah Design/Kwik Hosting reserve the right to change this Usage Policy at any time without prior notification.
By placing and continuing to maintain or place information on servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
10. Cancellation of service
Dubbah Design requires 48 hours advance notice of cancellations, prior to the accounts billing cycle. Failure to provide this notice may result in the account being billed for an additional cycle. In this case the account will remain open and be cancelled at the end of the next cycle. A refund will not be given.
Added services:
SSL certificates and Domain names are examples of renewable added services. Cancellation of renewable services must take place at least 48 hours prior to the next billing cycle for that service. Failure to provide this notice will result in the service being renewed for one billing cycle (usually one year).
11. Money Back Guarantee and refunds
Each shared hosting plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the refund time period, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc. No refunds are available for domain name registrations for any reason. Accounts paid via the PayPal service will be refunded via PayPal only.
Accounts cancelled/terminated by Dubbah Design for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service.
If a monthly or quarterly plan is cancelled after the 30-days money back period is over, there shall be no refund for the unused period. If an annual plan is cancelled, a refund will be calculated for the paid balance remaining as if the used portion of the plan had been a monthly plan.