Terms of Use and DisclaimersSpam Sending or aiding (by promoting the sale or use of "Bulk Email" software or services) in the sending of unsolicited bulk email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Duce Moose server, email address or website URL is prohibited. The use of the Duce Moose servers as a mail drop for responses to activities described above is also prohibited. Linking to providers of the activities listed above is also prohibited. Accounts canceled due to spam will be billed a clean-up fee of $500. Hosting Renewal Duce Moose renewal charges are billed automatically. Clients who prepay by credit card must keep their billing information current. At the beginning of your next payment cycle, Duce Moose will charge your credit card on file for that month of service. In the event of processing failure, a notice will be sent to the billing contact by email. If after 5 days payment has not been made the account will be suspended and another notice will be emailed. If after another 5 days payment has not been made, the account will be canceled. At that point, we may delete all files from the internet and our system. In that case, your website would be completely gone and are NOT retrievable. Domain Renewal You are responsible for keeping your domain name active. This is different from hosting. Domains expire one year from the time they are purchased unless you purchase a multi-year plan. If you got a free domain for one year from DuceMoose, you are responsible for renewing it after one year. If you let your domain expire, your website will become inactive and re-activation fees may apply. If you let your domain name expire, it is also possible for someone else to register your domain name. If this happens you agree that Duce Moose LLC and it's websites, officers and representatives are not responsible or liable in any way for any damages associated with the loss of your domain name. It is your responsiblity to keep your domain name paid and active. By using the DuceMoose website and/or service you understand and agree to this. Security Attempts to manipulate Duce Moose servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to Duce Moose servers, mail bombing, or other means of deliberately overloading systems. System Abuse This includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of Duce Moose, mass emails (i.e. 500 or more email messages per day), or using disproportionate amount of system resources. Duce Moose will determine what constitutes system abuse. Disk Resource Usage Included disk space may only be used for content linked or directly related to the hosted web site. Disk space may not be used at any time as a location to archive and/or backup files not directly related to the hosted web site. The disk space included in any web site hosting package is provided in pre-defined increments. If the current increment is reached, your account will begin violating the assigned quota and any attempt to upload new files or receive new email will be rejected. If you need more disk space, contact our customer service department. Software/Multimedia Distribution Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited. Policy Violation If an account is used unlawfully or is in violation of the user policy, Duce Moose reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to Duce Moose, including but not limited to, Duce Moose systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 clean-up fee. Determining what constitutes a policy violation is the sole discretion of Duce Moose. Website Content Management Duce Moose is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of Duce Moose's facilities. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. Adult Content Sites containing adult material, links to adult material or adult-oriented merchandise are not permitted. The final determination of what constitutes "adult content" is made by Duce Moose. System Updates Any updates made to the system may not be immediate. These processing times may be changed at anytime without notice. If a client or Duce Moose support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates occurred. Refunds 30 Money Back Guarantee A 30 Day Money Back Guarantee applies to fees paid within the first 30 days. The Refund must be requested and the account must be cancelled within the first 30 days of service. After the first 30 days, all DuceMoose Web Solutions payments are nonrefundable. You cancel and at any time to prevent further charges. You must request cancellation at least 48 hours prior to the start of your next billing cycle to prevent charges from being billed. Cancellation Duce Moose reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that: 1. The account violates our posted policy. 2. Payment for hosting fees is not received. If your payment is late or declined, you agree that Duce Moose may delete your entire website and any and all files associated with your site immediately and without notice. It is your responsibility to make sure your payment information is accurate and up-to-date. An account can be canceled voluntarily at anytime by contacting our support department. The contents of a canceled website may be deleted at anytime subsequent to account termination. Website files for canceled accounts are removed from the server 24 hours after the cancellation date and are NOT retrievable. Indemnification/Disclaimer and Limitation of liability Duce Moose does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use the Duce Moose System/Network or services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Duce Moose servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters. By using Duce Moose services, the client agrees to indemnify and hold Duce Moose and it's representatives harmless against any liabilities arising out of defective products sold to customers from Duce Moose servers or affiliated servers, personal injury or property damage caused by products or services sold or distributed from Duce Moose servers, any material that infringes or allegedly infringes on the rights of a third party available from Duce Moose servers, and any material that libels or allegedly libels a third party available from Duce Moose servers. Your use of this service is at your sole risk. The service is provided on an "as is" and "as available" basis. Duce Moose and it's subsidiaries, affiliates, officers, employees, agents, partners and licensores expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that Duce Moose and it's subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other physical or intangible losses (Even if Duce Moose and it's agents have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions enterred into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or (v) Any other matter relating to the service. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Note: Duce Moose reserves the right to revise our policies at anytime. |
